Parents who lost their children during the 2012 massacre at Sandy Hook Elementary School can now sue the gunmaker of the rifle used in the shooting.
On Tuesday, November 12, the Supreme Court rejected a Hail Mary appeal made by Remington Arms Co., meaning the manufacturer will not be afforded protection from their potential liability in the mass shooting.
A lawsuit to hold Remington liable for the marketing of the AR-15 style Bushmaster rifle was launched in December 2014 by family members of nine of the deceased and one survivor. This decision will allow those behind the lawsuit to move forward with their allegations.
The individuals who filed the lawsuit argued the military-style weapon should never should have been sold to the public, NPR reports.
The lawsuit states Remington violated Connecticut’s unfair trade practices law after they ‘knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings’.
The families also accused the company of using a ‘lone gunman’ narrative to glorify and market the rifle, pointing to an advertisement bearing the following words, ‘Forces of opposition, bow down. You are single-handedly outnumbered’.
The lawsuit alleged gunman Adam Lanza was inspired by the marketing of the weapon when he committed the school shooting in Newtown, Connecticut; a mass murder of 20 children and six adults.
After the lawsuit was filed, Remington was backed by various gun rights lobbying organisations, with groups including the politically influential National Rifle Association (NRA).
The Supreme Court have decided not to take up an appeal put forward by Remington, with the company appealing for protection under the Protection of Lawful Commerce in Arms Act.
This divisive law, which came into effect in 2005, shields gun manufacturers from accountability for crimes committed using their products. However, with the scale of mass shootings in the US, the act has been heavily scrutinised in recent years.
The decision to reject Remington’s appeal marks a significant blow for the US gun industry, potentially paving the way for other gun violence victims’ families to pursue lawsuits against gun manufacturers.
The Sandy Hook victims’ families are ‘grateful’ for the decision, reports CNN Business, describing Remington’s appeal as the ‘latest attempt to avoid accountability’.
Attorneys said they now want to work ‘to shed light on Remington’s profit-driven strategy’ to ‘court high-risk users at the expense of Americans’ safety’.
If you have experienced a bereavement and would like to speak with someone in confidence contact Cruse Bereavement Care via their national helpline on 0808 808 1677.
Jules studied English Literature with Creative Writing at Lancaster University before earning her masters in International Relations at Leiden University in The Netherlands (Hoi!). She then trained as a journalist through News Associates in Manchester. Jules has previously worked as a mental health blogger, copywriter and freelancer for various publications.