Judge Rules Suit Against Newtown Gun Manufacturer Can Proceed

Judge Barbara Bellis decided that the lawsuit against the manufacturer, distributor and dealer of the AR-15 used in the Sandy Hook Elementary School shooting can proceed.

Bellis denied a motion to dismiss the case Thursday.

“We are thrilled that the gun companies’ motion to dismiss was denied," said Josh Koskoff, the lawyer representing the families. The families look forward to continuing their fight in court.”

Related:

• Gun Manufacturer Seeks Dismissal of Sandy Hook Shooting Lawsuit
• Bernie Sanders Takes Flak for Newtown Gun Lawsuit Stance

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.

Connecticut Gov. Dannel Malloy applauded the ruling.

“These families deserve this — the ruling is the right one," he said. "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.”

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

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.

Recently the lawsuit drew national attention again after Democratic presidential hopeful Sen. Bernie Sanders said that gun manufacturers shouldn't be sued if their legally-sold guns were used to commit a crime.

Sanders drew flak from Hillary Clinton during a debate and more recently after he made similar comments in a New York Daily News editorial board interview.

The editorial board asked Sanders if he thinks the current case is baseless.

“It's not baseless. I wouldn't use that word,” Sanders said, according to the interview transcript. “But it's a backdoor way. If you're questioning me, will I vote to ban assault weapons in the United States, yeah, I will.”

The Daily News opted to endorse Clinton and noted that Sanders voted for the federal law that gave gun manufacturers near total immunity from wrongful death lawsuits.

"He [Sanders] roundly and repeatedly denounces corporate America for destroying the fabric of America, yet, representing a Second Amendment-friendly state, he voted to grant the gun industry near total immunity from lawsuits," the News said in its endorsement of Clinton.

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