On Tuesday, the U.S. Supreme Court denied an appeal from the Remington Arms Company to review a lower court’s ruling that allowed families of Sandy Hook victims, and one survivor, to sue the gunmaker. Specifically, the court allowed the Sandy Hook families to move forward in a lawsuit over how Remington marketed the Bushmaster AR-15 style rifle which was ultimately used to kill 20 first-graders and six adults in the 2012 massacre.
This decision is a big deal—a federal law has protected gun companies from similar lawsuits since 2005. By denying the gunmaker’s bid, and tossing the case back down to the Connecticut Superior Court, families are one step closer to justice.
In simple terms, the 2005 Protection of Lawful Commerce in Arms Act protects manufacturers and sellers from liability when their firearms and ammunition are later used in crimes. This law, which is incredibly broad, is one of the main reasons families of victims have struggled to hold gun makers accountable in court. The law has some exceptions—like if the manufacturer knowingly violated the law when marketing the item, or even if the firearm was defective and caused a death because of its defect. But flatout saying this weapon was used in a mass shooting, historically, hasn’t cut it.
One of those exceptions is particularly important in the Sandy Hook case. Nine family members of victims, in addition to one survivor of the shooting, argue that this federal law that typically protects the company under such circumstances doesn’t apply because the gunmaker violated state laws (specifically the Connecticut Unfair Trade Practices Act) when it was marketing the weapon.
Families involved in the case argue that Remington "published promotional materials that promised 'military-proven performance' for a 'mission-adaptable' shooter in need of the 'ultimate combat weapons system,'" as found in filings with the U.S. Supreme Court. Basically: This rifle shouldn’t be used by civilians, and the company illegally marketed it by highlighting its use to the general public.
This case doesn’t involve the Second Amendment explicitly, though for obvious reason the NRA has backed Remington, even going as far as to call the lawsuit “company-killing.” In 2018, Remington did, indeed, file for bankruptcy.
“The families are grateful that the Supreme Court upheld precedent and denied Remington’s latest attempt to avoid accountability,” the attorney representing the families, Josh Koskoff, said in a statement. “We are ready to resume discovery and proceed towards trial in order to shed light on Remington’s profit-driven strategy to expand the AR-15 market and court high-risk users at the expense of Americans’ safety.”
To be clear: This SCOTUS development doesn’t mean the Sandy Hook families will win. It’s not a guarantee. But it allows the case to actually proceed, which is a victory in itself. The justices did not provide any comments on the case.