The families and surviving victims of the Sandy Hook Elementary School shooting can sue gun maker Remington, the Connecticut Supreme Court ruled 4-3 Thursday.
The divided court reinstated a wrongful death lawsuit brought by a survivor and the relatives of nine people who died in the December 2012 shooting in Newtown, Conn., which claimed 26 lives. The plaintiffs argue that Remington improperly marketed the rifle used in the shooting.
Thursday’s decision overturned a lower court ruling that said the lawsuit could not move forward because of an existing 2005 federal law protecting gun makers from liability when their weapons are used in a crime. The Connecticut Supreme Court ruling agreed with the lower court on most of the lawsuits allegations, but allowed part of the lawsuit claiming the Remington violated Connecticut law against unfair trade practices to proceed.
The plaintiff’s lawyer, Joshua Koskoff, argued to the court that the rifle is a military weapon and should not be marketed and sold to the general public.
“The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety,” Koskoff said Thursday.
Several groups submitted briefs in the case, including the National Rifle Association. Remington’s stance is that the gun is a legal firearm used for self-defense, target shooting, and hunting.
