Attorneys for a group of Sandy Hook Elementary School massacre victims filed a bizarre case in December, essentially arguing that all self-loading firearms are too dangerous for the public to own, and that gun manufacturers are negligent for simply manufacturing their products. While the case is interesting as an example of creative fiction, it is laughable as a legal matter.
The case moved one step closer to a possible dismissal yesterdays as lawyers for Remington won the argument to move the case to a more palatable federal court unlikely to be influenced by Connecticut’s rabid anti-gun politics.
Remington gun manufacturer just won its push to move a wrongful death suit brought by 10 families of Sandy Hook shooting victims to federal court — and at least one legal insider says that’s a significant boon for the company.
The case was then moved to the 2nd U.S. Circuit, before U.S. District Judge Robert Chatigny — a move that one legal mind says bears well for the company.
“The 2nd Circuit has previously refused to hold gun manufacturers liable or permit lawsuits against gun manufacturers for injuries caused by third parties,” said Timothy Lytton, a professor at the Albany Law School, AP reported. “It has a history of knocking these types of cases down.”
The case is attempting to hold the manufacturer, distributor, and retailer of the Bushmaster carbine used in the Sandy Hook massacre responsible for the murders, even though the murderer acquired the firearm itself by murdering his mother to acquire it and the other firearms he brought to the school.
The lawyers for the family are attempting to claim that Bushmaster was negligent for even making the semi-automatic AR-15 carbine used to murder 26 and wound 2 at the school, despite the fact that semi-automatic firearms have been around since the 1800s and are the most popular action type for both pistols and rifles in the United States.
The AR-15 is the best-selling centerfire rifle platform in the United States year after year, and there are estimated to be more than 5+ million in the hands of American citizens.