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The Supreme court, in an order released on Tuesday, the families of the Sandy Hook victims with a lawsuit against gun manufacturer Remington Arms although the company claimed that it was protected from liability by Federal law.
According to the Connecticut Supreme court, 4-3, in March — and quoted one of the few exceptions from the Federal law, that Remington could be sued under state law over its marketing practices, Remington asked the Supreme court to reverse the judgment.
The gunmaker argues that the court is the interpretation of the marketing-liberation, “unbearable Congress ‘intention to create a national homogeneity given” by the Federal law on the protection of Legal Commerce in Arms Act. “As the dissenters below noted, lawsuits like this are exactly the kind of the PLCAA was enacted to prevent.”
In this photo provided by the Newtown Bee, Connecticut State Police, a number of children from the Sandy Hook Elementary School in Newtown, Conn. on Friday, Dec. 14, 2012 after a shooting at the school. (AP Photo/Newtown Bee, Shannon Hicks, file) MANDATORY CREDIT: NEWTOWN BEE, SHANNON HICKS
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Gunman Adam Lanza opened fire at the Newtown, Conn., the school with a Bushmaster AR-15 style rifle on Dec. 14, 2012, killing 20 first-graders and six educators. The 20-year-old gunman previously shot his mother to death at their Newtown home, and killed himself as police arrived at the school. The gun was legally owned by his mother.
One of the survivors and relatives of the nine victims filed a wrongful death suit against Remington in the year 2015, saying the company should have never sold such a dangerous weapon to the public and claimed that it targeted a younger, at-risk males in marketing and product placement in violent video games.
Tuesday’s order from the Supreme Court does not, Remington or any other arms manufacturers will face no direct responsibility, but it does set the stage for potential court battles about whether or not the gun industry is responsible for the Sandy Hook massacre, and potentially open the door to other colors in comparison to other mass shootings or murders.
“The decision will have immediate and serious consequences, so that the weapons industry, to expensive and protracted litigation,” Remington argued in its petition to the Supreme court. “So, as one of the leading scholars on gun manufacturer liability has explained, the decision below will ‘unleash a flood of lawsuits across the country,'” it continued, citing Timothy D. Lytton, a professor at the Georgia State University College of Law.
In this Aug. 15, 2012 file photo, three variants of the AR-15 rifle will be displayed at the California Department of Justice in Sacramento, Calif. 26 people were killed, in the year 2016 in the Sandy Hook Elementary School in Newtown, Conn., a shooter with a Bushmaster AR-15 style rifle.
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Joshua the meeting goes wrong, a lawyer for the families of the victims, applauded the Connecticut Supreme Court ruling earlier this year, when Remington his appeal to the U.S. Supreme Court, which has a newly updated conservative majority refused, however, on the side of the gun industry Tuesday.
“Our state is the highest court has already decided that the families deserve their day in court, and we are confident that the Supreme court of the United States will move, the well-reasoned opinion,” Koskoff said in a statement.
The high court’s denial of Remington’s petition does not mean the court will weigh the last word on the issue, as it often allows controversial issues to percolate in the lower courts for years before the in. The Remington case, could also make their way back to the Supreme court on other grounds
The case is now in a lower state court.
The Associated Press contributed to this report.