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Supreme Court denies gun manufacturer’s bid to stop Sandy Hook lawsuit
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Supreme Court denies gun manufacturer’s bid to stop Sandy Hook lawsuit

The US Supreme Court on Tuesday rejected an appeal from Remington Arms Company attempting to block a lawsuit by the victims of the Sandy Hook massacre.

The Supreme Court of Connecticut decided in March that the case could go forward. They ruled that the theory that Remington “knowingly marketed, advertised, and promoted the XM15-E2S for civilians to use to carry out offensive, military style combat missions against their perceived enemies” was actionable under Connecticut state law. State law does not permit advertisements that promote or encourage this behavior. Remington argued that the federal Protection of Lawful Commerce in Arms Act (PLCAA) prevented the state from enacting such a law, but the court found otherwise.

The Supreme Court of Connecticut rejected, however, that Remington could be responsible for any crimes committed with their lawfully sold weapons.

Remington asked the US Supreme Court to consider whether the Connecticut law falls outside of the PLCAA exception for the violation of a state regulation of firearms marketing and sales in § 7903(5)(A)(iii). They cited the Second and Ninth Circuit Courts of Appeals rulings rejecting a broad interpretation of the exception.

Following this rejection by the US Supreme Court, the case will be allowed to proceed.