{"id":118661,"date":"2019-03-14T14:07:38","date_gmt":"2019-03-14T18:07:38","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=118661"},"modified":"2019-03-14T14:07:38","modified_gmt":"2019-03-14T18:07:38","slug":"this-is-how-the-gun-control-schemers-are-incrementally-undermining-the-second-amendment","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=118661","title":{"rendered":"This is how the gun control schemers are incrementally undermining the Second Amendment."},"content":{"rendered":"<h1>Sandy Hook Massacre: Gun Makers Lose Major Ruling Over Liability<\/h1>\n<p><!--more--><\/p>\n<div id=\"attachment_118662\" style=\"width: 561px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2019\/03\/Screen-Shot-2019-03-14-at-2.05.19-PM.png\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-118662\" class=\"size-full wp-image-118662\" src=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2019\/03\/Screen-Shot-2019-03-14-at-2.05.19-PM.png\" alt=\"\" width=\"551\" height=\"373\" srcset=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2019\/03\/Screen-Shot-2019-03-14-at-2.05.19-PM.png 551w, https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2019\/03\/Screen-Shot-2019-03-14-at-2.05.19-PM-300x203.png 300w\" sizes=\"auto, (max-width: 551px) 100vw, 551px\" \/><\/a><p id=\"caption-attachment-118662\" class=\"wp-caption-text\">Attorney Josh Koskoff speaks at a news conference with family of victims and attorneys on the steps of the Connecticut state Supreme Court on Nov. 14, 2017.CreditCreditJessica Hill for The New York Times<\/p><\/div>\n<p>By Rick Rojas and Kristin Hussey<br \/>\nThe New York Times<\/p>\n<p class=\"css-1ygdjhk evys1bk0\"><em class=\"css-2fg4z9 e1gzwzxm0\">[What you need to know to start the day:\u00a0<\/em><a class=\"css-1g7m0tk\" title=\"\" href=\"https:\/\/www.nytimes.com\/newsletters\/newyorktoday?module=inline\">Get New York Today in your inbox<\/a><em class=\"css-2fg4z9 e1gzwzxm0\">.]<\/em><\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The Connecticut Supreme Court dealt a major blow to the firearms industry on Thursday, clearing the way for a lawsuit to move forward against the companies that manufactured and sold the semiautomatic rifle used by the gunman in the massacre at Sandy Hook Elementary School.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The ruling allows the lawsuit brought by victims\u2019 relatives to potentially go to trial, which could force gun companies to turn over internal communications that they have fiercely fought to keep private and provide a revealing \u2014 and possibly damaging \u2014 glimpse into how the industry operates.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The court agreed with the lower court judge\u2019s decision to dismiss claims that directly challenged the federal law shielding the gun companies from litigation, but found the case can move forward based on a state law regarding unfair trade practices.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Justices wrote in the majority opinion that \u201cit falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet.\u201d<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The decision represents a significant development in the long-running battle between gun control advocates and the gun lobby.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The ruling\u00a0<a class=\"css-1g7m0tk\" title=\"\" href=\"https:\/\/www.nytimes.com\/2017\/11\/12\/nyregion\/appeal-offers-hope-for-newtown-families-in-suit-against-gun-companies.html?module=inline\">validates the novel strategy<\/a> lawyers for the victims\u2019 families used as they sought to find a route around the vast protections in federal law that guard gun companies from litigation when their products are used to commit a crime.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The victims\u2019 relatives had faced long odds as they argued that the gun companies bore some responsibility for the horrific attack.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The lawsuit argued that the AR-15-style Bushmaster used in the 2012 attack had been marketed as a weapon of war, invoking the violence of combat and using slogans like \u201cConsider your man card reissued.\u201d<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Such messages reflected, according to the lawsuit, a deliberate effort to appeal to troubled young men like Adam Lanza, the 20-year-old who charged into the elementary school and killed 26 people, including 20 first graders, in a spray of gunfire. The attack traumatized the nation and made Newtown, Conn.,\u00a0<a class=\"css-1g7m0tk\" title=\"\" href=\"https:\/\/www.nytimes.com\/2017\/12\/13\/nyregion\/newtown-sandy-hook-five-year-anniversary.html?module=inline\">the small town where it happened<\/a>, a rallying point in the broader debate over gun violence.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The high stakes posed by the case stirred a vigorous response from both sides that only intensified after recurring episodes of deadly mass violence that followed the Newtown attack.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Among those who lobbied in support of the lawsuit were gun violence prevention groups, emergency doctors who treated patients wounded by assault rifle fire and a statewide association of school superintendents.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Many gun-rights groups also raised their concerns, including the National Rifle Association, which contended in its brief that allowing the case to move ahead stood to \u201ceviscerate\u201d the gun companies\u2019 legal protections.<\/p>\n<div class=\"css-79elbk ehw59r11\" data-testid=\"photoviewer-wrapper\">\n<div class=\"css-1a48zt4 ehw59r111\" data-testid=\"photoviewer-children\">\n<figure class=\"css-jcw7oy e1g7ppur0\" role=\"group\" aria-label=\"media\">\n<div class=\"css-1xdhyk6 erfvjey0\"><img decoding=\"async\" class=\"css-1m50asq\" src=\"https:\/\/static01.nyt.com\/images\/2019\/03\/14\/nyregion\/14sandyhook2\/merlin_137097321_d3ee520f-0b12-4722-adbe-fdcce73eb5ed-articleLarge.jpg?quality=75&amp;auto=webp&amp;disable=upscale\" sizes=\"((min-width: 600px) and (max-width: 1004px)) 84vw, (min-width: 1005px) 60vw, 100vw\" srcset=\"https:\/\/static01.nyt.com\/images\/2019\/03\/14\/nyregion\/14sandyhook2\/merlin_137097321_d3ee520f-0b12-4722-adbe-fdcce73eb5ed-articleLarge.jpg?quality=90&amp;auto=webp 600w,https:\/\/static01.nyt.com\/images\/2019\/03\/14\/nyregion\/14sandyhook2\/merlin_137097321_d3ee520f-0b12-4722-adbe-fdcce73eb5ed-jumbo.jpg?quality=90&amp;auto=webp 1024w,https:\/\/static01.nyt.com\/images\/2019\/03\/14\/nyregion\/14sandyhook2\/merlin_137097321_d3ee520f-0b12-4722-adbe-fdcce73eb5ed-superJumbo.jpg?quality=90&amp;auto=webp 2048w\" alt=\"\" \/><\/div><figcaption class=\"css-1l44abu e1xdpqjp0\"><span class=\"css-8i9d0s e13ogyst0\">A Ridgefield High School student holds up a sign with the names of those killed in Parkland and Sandy Hook during a walkout on the anniversary of the Columbine shooting, Friday, April 20, 2018 in Ridgefield, Conn.<\/span><span class=\"css-vuqh7u e1z0qqy90\"><span class=\"css-1ly73wi e1tej78p0\">Credit<\/span>Jessica Hill for The New York Times<\/span><\/figcaption><\/figure>\n<p class=\"css-1ygdjhk evys1bk0\">The ruling comes as yet another twist in the lawsuit\u2019s circuitous path through the court system, one that continued far longer than many, including legal experts and the families, had initially expected.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The<a class=\"css-1g7m0tk\" title=\"\" href=\"https:\/\/www.nytimes.com\/2018\/04\/01\/nyregion\/remington-sandy-hook-shooting.html?module=inline\">\u00a0ruling had been delayed<\/a>\u00a0after Remington, the manufacturer and one of the nation\u2019s oldest gun makers, filed for bankruptcy last year as its sales declined and debts mounted.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The lawsuit, brought by family members of nine people who were killed and a teacher who was shot and survived, was originally filed in 2014, then moved to federal court, where a judge ordered that it be returned to the state level.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The families were given a glimmer of hope when a State Superior Court judge, Barbara N. Bellis, permitted the case to approach a trial before she <a class=\"css-1g7m0tk\" title=\"\" href=\"https:\/\/www.nytimes.com\/2016\/10\/15\/nyregion\/judge-dismisses-suit-against-gun-maker-by-newtown-victims-families.html?module=inline\">ultimately dismissed it<\/a>. She found that the claims fell \u201csquarely within the broad immunity\u201d provided by federal law.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">In 2005, Congress passed the Protection of Lawful Commerce in Arms Act, which restricts lawsuits against gun sellers and makers by granting industrywide immunity from blame when one of their products is used in a crime. Lawmakers behind the measure cited a need to foil what they described as predatory and politically driven litigation.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The law does allow exceptions for sale and marketing practices that violate state or federal laws and instances of so-called negligent entrustment, in which a gun is carelessly given or sold to a person posing a high risk of misusing it.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">In the lawsuit, the families pushed to broaden the scope to include the manufacturer, Remington, which was named along with a wholesaler and a local retailer in the suit.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">The lawsuit said that the companies were wrong to entrust an untrained civilian public with a weapon designed for maximizing fatalities on the battlefield.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Lawyers pointed out advertising \u2014 with messages of combat dominance and hyper-masculinity \u2014 that resonated with disturbed young men who could be induced to use the weapon to commit violence.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">\u201cRemington may never have known Adam Lanza, but they had been courting him for years,\u201d Joshua D. Koskoff, one of the lawyers representing the families, told the panel of judges during oral arguments in the case in 2017. The weapon used by Mr. Lanza had been legally purchased by his mother, Nancy Lanza, whom he also killed.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">Lawyers representing the gun companies argued that the claims raised in the lawsuit were specifically the kind that law inoculated them against. They said that agreeing with the families\u2019 arguments would require amending the law or ignoring how it had been applied in the past.<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">James B. Vogts, a lawyer for Remington, said during oral arguments that the shooting \u201cwas a tragedy that cannot be forgotten.\u201d<\/p>\n<p class=\"css-1ygdjhk evys1bk0\">\u201cBut no matter how tragic,\u201d he added, \u201cno matter how much we wish those children and their teachers were not lost and those damages not suffered, the law needs to be applied dispassionately.\u201d<\/p>\n<p>___<br \/>\n<a href=\"https:\/\/www.nytimes.com\/2019\/03\/14\/nyregion\/sandy-hook-supreme-court.html\">https:\/\/www.nytimes.com\/2019\/03\/14\/nyregion\/sandy-hook-supreme-court.html<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Sandy Hook Massacre: Gun Makers Lose Major Ruling Over Liability<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-118661","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/118661","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=118661"}],"version-history":[{"count":0,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/118661\/revisions"}],"wp:attachment":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=118661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=118661"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=118661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}