Crime & Safety

Sandy Hook Gun Lawsuit Remanded Back to State Court

The move will likely give the families suing the Bushmaster manufacturer, distributor and seller a better chance.

A federal district court ruled that the lawsuit against the manufacturer, distributor and seller of the Bushmaster rifle used in the Sandy Hook school shooting should proceed in state court.

Bushmaster moved to have the case go to federal court shortly after it was filed in state court. Legal experts said that the move to federal court would almost guarantee victory to the lawsuit defendants due to a federal law that gives broad immunity to the gun industry when it comes to wrongful death claims.

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Newtown Families Sue Gun Manufacturer Over Sandy Hook School Shooting

“All my clients seek is an opportunity to present their case to a Connecticut jury,” said Josh Koskoff of Koskoff, Koskoff & Bieder, the law firm representing the families. “This ruling brings them one step closer to that goal. It is a major setback for the gun industry in their attempt to avoid responsibility for tragedies like Newtown.”

Find out what's happening in Newtownfor free with the latest updates from Patch.

The lawsuit alleges that Bushmaster and other defendants should be held responsible for selling the “highly lethal assault weapon” to the general public without safeguards.

“The AR-15 assault rifle was designed as a military weapon,” said Katie Mesner-Hage, also of Koskoff, Koskoff & Bieder. “The defendants chose to make that weapon available to Connecticut citizens and to market it in explicitly militaristic terms – even in the wake of Columbine, Aurora, and countless other tragedies. A Connecticut jury should have the opportunity to evaluate that choice and decide whether defendants bear some responsibility for what happened at Sandy Hook Elementary School.”

Image of Josh Koskoff

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