Connecticut Supreme Court okays Sandy Hook victims' liability lawsuit against Remington.
To put it simply, the court ruled that Remington, maker of the Bushmaster AR-15 rifle stolen and then used by the Sandy Hook assailant, could potentially be held legally liable for how its firearm was used based upon how it marketed its product. The court is stretching in its attempt to find a hole in PLCAA. How do we know? One clear indication is that the judges used the misnomer "assault weapons" when describing Remington's marketing. We may be wrong, but we can't think of a single gun manufacturer that uses this bogus term to describe its semiautomatic rifles. Thus, the judges say, the lawsuit can proceed based on malicious mischaracterization by the Left, not marketing by Remington.
Gun-control activists were quick to celebrate the ruling, seeing in it a roadmap for getting around PLCAA protections to go after firearm manufacturers. Adam Winkler of UCLA School of Law observed, "This is a landmark and potentially historic ruling. It opens up an avenue to hold gunmakers responsible despite federal immunity. It will encourage a lot more litigation."
The lawsuit will now proceed in the lower court, where the plaintiffs will attempt to make the case that Remington marketed its firearms in such a fashion as to have encouraged their illegal use. This clearly sets up a collision course with constitutional rights protected by the First and Second Amendments. If influencing the illegal use of firearms via marketing makes an organization liable for criminal activity, then Hollywood and video-game creators top the list of the worst offenders.
