Sandy Hook Families vs. Remington Arms Co.: Supreme Court Refuses To Block Families' Suit Against Gun-Maker

The U.S. Supreme Court opened the way for lawsuits against gunmakers allowing the families of nine victims of the Sandy Hook massacre to sue Remington Arms Co., rejecting the company’s argument it is protected by a 2005 law.

The court opted not to hear the gunmakers appeal of a 4-3 decision by the Connecticut Supreme Court to allow the case to proceed. The Connecticut court said the family members are “entitled to have the opportunity to prove their wrongful marketing allegations.”

The case now goes back to state court in Connecticut and could open the way for more lawsuits by the families of gun victims against manufacturers.

The federal 2005 Protection of Lawful Commerce in Arms Act grants broad immunity to gunmakers but makes an exception for illegal marketing practices and has come under scrutiny in light of recent mass shootings. Remington argues the Sandy Hook case presents “a nationally important question” related to U.S. gun laws.

Families hailed the Supreme Court’s decision and characterized the appeal by Remington as the company’s “latest attempt to avoid accountability.”

There was no immediate comment from Remington.

Adam Lanza, 20, used a Remington Bushmaster AR-15-style rifle when he stormed Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012, killing six adults and 20 first-graders. The massacre occurred after Lanza first killed his mother. He killed himself after gunning down his victims.

Tuesday’s rejection allows the families to move forward with their lawsuit, which alleges Remington’s marketing inspired the massacre in violation of Connecticut’s law against deceptive marketing practices. The suit claims the advertising glorified the rifle, promoting it to young people as “a highly lethal weapon designed for purposes that are illegal – namely killing other human beings.”

Former Vice President Joe Biden said Sandy Hook families deserve their day in court.

“And all Americans deserve laws that protect them, and that put their children, not big bun corporations, first.”

The high court has another gun rights case on its docket involving a New York City regulation restricting the transportation of legally owned guns.

Remington is privately held, but shares of competitors suffered in light of the Supreme Court decision.

(Remington Arms Co. LLC v. Donna L. Soto et al)