by Lina Bryce
A Connecticut judge has recently denied the gun companies’ motion to dismiss in the Sandy Hook case, allowing litigation which may ultimately hold gun manufacturers liable for the tragedy to continue.
The three gun companies named in the case had argued for the lawsuit to be dismissed under the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 federal law that gives general immunity to gun businesses from a civil lawsuit. Despite gun manufacturer Bushmaster’s attempt to have the civil suit withdrawn on the grounds that they are not legally responsible for the actions of individuals using their products, the Sandy Hook Elementary School shooting victims’ families feel vindicated by Judge Barbara Bellis’ decision on Thursday, according to WFSB News.
Judge Bellis ruled that the federal law protecting gun makers from lawsuits does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 is a military weapon and should not have been sold to civilians.
According to police reports, the Sandy Hook shooting was committed by one individual, Adam Lanza, who used a Bushmaster AR-15 to kill 20 children and six educators inside the school in December of 2012.
A lawyer representing the families and Connecticut Gov. Dannel Malloy are pleased with the new opportunity for litigation.
“We are thrilled that the gun companies’ motion to dismiss was denied. The families look forward to continuing their fight in court,” said lawyer Josh Koskoff.
“We’ve passed the toughest gun laws in the nation for a reason. These families deserve this — the ruling is the right one. The gun industry should not have protections that no other industry in America sees. This is a victory for the families and a victory for those who stand for commonsense gun laws,” said Gov. Malloy.
Senator Richard Blumenthal and Congresswoman Elizabeth Esty also released statements applauding the decision.
Today’s ruling is a good step forward for the Sandy Hook families and for all Americans who have agonized with the Newtown community since that dark day in December of 2012. The judge opened the courthouse door to allow these families to continue to plead their case. But unfortunately, for far too many families, PLCAA has been a complete barrier to justice. We won’t stop fighting until this harmful law is repealed.
Most interestingly, Hillary Clinton and Sen. Bernie Sanders stand on opposite sides of this issue.
In a New York Daily News interview, when asked about the Sandy Hook lawsuit, Sanders explained that he doesn’t think a dealer should face a lawsuit for legally selling a gun to a customer who then uses the weapon in a crime.
However, Sanders does say that “gun manufacturers and gun dealers should be able to be sued when they should know that guns are going into the hands of wrong people”.
Sadly, few have considered the implications that rulings like this one might lead to. For example, should swimming pool manufacturers be liable for drowning deaths? Should McDonald’s be sued for obesity?
If we are to take the ruling to its next logical conclusion, we should also ask why the school system, the parents, and all others involved are not also responsible for the deadly massacre.
It is difficult to admit that there is only one reason why the shooting at Sandy Hook Elementary happened —particularly when you are grieving the loss of a child — and that is because Adam Lanza made the decision to do it. It is unfortunate that anyone still believes that making anything or anyone else responsible would have changed that.
