Update: Gun Manufacturer Seeks Dismissal of Sandy Hook Shooting Lawsuit

A Connecticut judge is expected to rule within 60 days whether a lawsuit against the manufacturer of a gun used to killed 20 Connecticut elementary school students and six educators in Newtown can move forward.

The lawsuit filed by law firm Koskoff, Koskoff and Bieder argues that the Bushmaster AR-15 rifle shouldn’t have been released to the public and belongs only in the hands of military and law enforcement personnel.

Advocates on both sides of the gun control issue are eagerly awaiting the ruling, which could reaffirm or put a hole in a strong federal law that provides broad immunity to manufacturers, distributors and sellers of firearms when they are used illegally.

Remington Arms is the parent company of the AR-15 manufacturer and is seeking a dismissal based on a 2005 federal law. The motion to dismiss was argued Monday in State Superior Court held in Bridgeport.

The Dec. 14, 2012, shooting occurred at Sandy Hook Elementary School. Shooter Adam Lanza killed his mother Nancy Lanza at their home before going to the school and killing 20 students and six adults. He then shot himself before police arrived.

Several lawyers for both sides made arguments Monday afternoon. Much of it centered on whether the Protection of Lawful Commerce in Arms Act grants the AR-15 manufacturer, distributor and seller immunity from a civil lawsuit after the weapon was used to kill at the school.

There are exceptions to the law and lawyers for the families have zeroed in on negligent entrustment where a seller knew or should have known the weapon would be used illegally.

Firearm distributor Camfour Inc. of Massachusetts and Riverview Gun Sales of East Windsor were also named as defendants.

Lawyer Josh Koskoff for the victims’ families argued in court that the public has demonstrated time and time again through repeated mass shootings that the AR-15 shouldn’t be entrusted to members of the general public. Similar .223 caliber rifles DPMS A-15 and Smith & Wesson M&P15 were used in the San Bernardino mass shootings.

He added that members of the military and police undergo 100 hours or more of training before they can use similar weapons.

The AR-15 is the semiautomatic version of the military M16. Semiautomatic weapons fire one bullet for each pull of the trigger. The M16A4, which is in the process of being phased out from most infantry use has semiautomatic and 3-round-burst fire. The military also makes use of fully-automatic rifles.

“Instead of urging caution... they extol the military virtues of this weapon,” Koskoff said in a press conference held before the hearing.

He added that gun manufacturers market to insecure young men with sayings such as, “consider your man card reissued,” next to a picture of an AR-15.

Bill Sherlach, whose wife Mary was killed in the shooting said that gun manufacturers make a highly-lethal product, but are shielded from responsibility when it is used in a crime.

“Peel the onion and see what it is you guys [gun manufacturers] have been doing to foster, to stoke the fire,s to fuel the rage of these militaristic typically young males,” he said.

Mark Barden, whose son Daniel was killed in the shooting said that he feels the families deserve a normal court process and trial.

“The manufacturer is marketing to people like Adam Lanza,” he said, adding that it’s time they take responsibility for their actions.

Related stories:

• Newtown Families Sue Gun Manufacturer Over Sandy Hook School Shooting
• Sandy Hook Gun Lawsuit Remanded Back to State Court
• Adam Lanza: Report Probes Dark Interior Life of The Sandy Hook Shooter

The Sandy Hook case has bounced between state and federal courts throughout its year long history. A federal judge decided in late 2015 that it belonged in state court.

The AR-15 was legally bought by the shooter’s mother Nancy Lanza. Since then the specific model along with several others was banned for sale under a new state law.

Families of victims Victoria Soto, Dylan Hockley, Benjamin Wheeler, Rachel D’Avino, Daniel Barden, Mary Sherlach, Jesse Lewis, Noah Pozner and Lauren Rousseau are listed on the suit. Natalie Hammond was injured in the attack and also signed-on to the suit.

Image via CT State Police report of weapon recovered at Sandy Hook Elementary School.