Rose of Lima Catholic church while mourners gathered for a funeral service for shooting victim Jessica Rekos, 6, on December 18, 2012 in Newtown, Connecticut. Children at Sandy Hook Elementary will attend a school in a neighboring town until authorities decide whether or not to reopen their school.
By the narrowest of margins, the court agreed Thursday in a decision written by Justice Richard N. Palmer, a former federal prosecutor named to the court by Gov. Lowell P. Weicker Jr.
The plaintiffs said Remington's model is too unsafe for the public and shouldn't be glorified to young people.
The plaintiffs alleged that Remington promoted the Bushmaster AR-15 style rifle for use against "perceived enemies", an argument a majority of the judges said deserved further scrutiny.
(ORIGINAL) - The Connecticut Supreme Court is scheduled to rule on whether gun maker Remington can be sued for making the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012.
Bellis dismissed the case in light of the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers from being sued in instances where the gun in question was legally made and sold.
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The court voted 4-3 to remand the case to the Bridgeport Superior Court so plaintiffs can argue Remington violated the Connecticut Unfair Trade Practices Act by marketing a military-based weapon, the AR-15, to civilians.
"The regulation of advertising that threatens the public's health, safety and morals has always been considered a core exercise of the states' police powers", Powers said.
The lawsuit, which lists Bushmaster Firearms International as the defendant, has already overcome years worth of legal hurdles after first being filed more than four years ago, more than two years after the shooting at the CT school left 26 people dead.
A Washington Post database says there have been 162 mass shootings in the United States since 1966, but numerous deadliest incidents have occurred in the past few years. "The majority's decision today is at odds with all other state and federal appellate courts that have interpreted the scope of the exception", the National Shooting Sports Foundation said in a statement.
Families of the victims of the Sandy Hook massacre have successfully filed a lawsuit against the manufacturers of AR-15 rifles, in a ruling that could have far-reaching implications for the gun industry.
The decision represents a major victory for the families of the 20 first-grade children and six educators who were killed in one of the deadliest mass shootings in US history, which inflamed outrage among gun control advocates who demanded lawmakers work to prevent mass shooting. Several groups, ranging from the NRA to emergency room doctors, submitted briefs to the court.
Because this decision involves interpretation of a federal statute, the gunmaker will nearly certainly appeal it to the U.S. Supreme Court, and Remington could also prevail at a trial, so this is just a first step toward manufacturer liability.