Law Court rules gun maker Remington can be sued over Newtown shooting - Rest in peace, AR-15

HeyYou

seriousposter
kiwifarms.net

HARTFORD, Conn. — Gun maker Remington can be sued over how it marketed the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012, a divided Connecticut Supreme Court ruled Thursday.
Justices issued a 4-3 decision that reinstated a wrongful death lawsuit and overturned a lower court ruling that the lawsuit was prohibited by a 2005 federal law that shields gun manufacturers from liability in most cases when their products are used in crimes.


The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza is too dangerous for the public and Remington glorified the weapon in marketing it to young people.
Remington has denied wrongdoing and previously insisted it can't be sued under the federal law.
The majority of the high court agreed with most of the lower court's ruling and dismissed most of the lawsuit's allegations, but allowed a wrongful marketing claim to proceed.
"The regulation of advertising that threatens the public's health, safety, and morals has long been considered a core exercise of the states' police powers," Justice Richard Palmer wrote for the majority.

Lanza, 20, shot his way into the locked school in Newtown on Dec. 14, 2012, and killed 20 first-graders and six educators with a Bushmaster XM15-E2S rifle, similar to an AR-15. He shot his mother to death in their Newtown home beforehand, and killed himself as police arrived at the school.
Connecticut's child advocate said Lanza's severe and deteriorating mental health problems, his preoccupation with violence and access to his mother's legal weapons "proved a recipe for mass murder."
Joshua Koskoff, a lawyer for the plaintiffs, told the state Supreme Court during arguments in November 2017 the Bushmaster rifle and other AR-15-style rifles were designed as military killing machines and should never have been sold to the public.
"The families' goal has always been to shed light on Remington's calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans' safety," Koskoff said Thursday. "Today's decision is a critical step toward achieving that goal."

Military-style rifles have been used in many other mass shootings, including in Las Vegas in October 2017 when 58 people were killed and hundreds more injured.
The case was watched by gun rights supporters and gun control advocates across the country as one that could affect other cases accusing gun-makers of being responsible for mass shootings. Several groups, ranging from the National Rifle Association to emergency room doctors, submitted briefs to the court.
The 2005 federal law, named the Protection of Lawful Commerce in Arms Act, has been cited by other courts that rejected lawsuits against gun makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.
James Vogts, a lawyer for Remington, has cited the 2005 federal law and previously said the Bushmaster rifle is a legal firearm used by millions of people for hunting, self-defense and target shooting.

Remington, based in Madison, North Carolina, filed for bankruptcy reorganization last year amid years of slumping sales and legal and financial pressure over the Sandy Hook school massacre.
Press F to pay respects, they're gonna come for the AR-15 next.
 

Cyberw33n

kiwifarms.net
What an evil, evil gun. Dammit, and they just designed it to kill those worthless Vietnamese people!
 

BONE_Buddy

Deep Penetrator
kiwifarms.net
"The regulation of advertising that threatens the public's health, safety, and morals has long been considered a core exercise of the states' police powers,"

So, what? are they going to regulate advertising? Probably try to turn this into the new tobacco.
 

thismanlies

The Funnest Part of Gaming is Looting Corpses.
True & Honest Fan
kiwifarms.net


The advertisements were pretty stupid. I don't think they're really "we should sue them for wrongful marketing" stupid but they definitely were a little on the incel side.
I’m pretty sure he killed his mother to get the gun he used. So unless the plaintiffs can prove she saw that ad and said “Hmm, I suppose my son is a giant walking vagina” and bought the gun to make a man out of him, I don’t see them winning this lawsuit.
 

Capsaicin Addict

Just a fellow who loves spicy food.
kiwifarms.net
I’m pretty sure he killed his mother to get the gun he used. So unless the plaintiffs can prove she saw that ad and said “Hmm, I suppose my son is a giant walking vagina” and bought the gun to make a man out of him, I don’t see them winning this lawsuit.
Yeah, a friend of mine made that point. The whole lawsuit should fall apart at that juncture; might as well sue Ford when some nigger carjacks your F-150 and kills a family of four during his getaway.
The family's lawyers seem to be going for the argument that it's a military weapon that shouldn't be sold.
Except that I believe the courts have already ruled the AR-15 platform is so ubiquitous it falls into the 'commonly used firearms' category, and can't be simply banned.

This is pretty much another attempt to beat down the barriers imposed by the Protection of Lawful Commerce in Arms Act. The Dem gun-grabber contingent have been pissed about that law for years now.
 

Francis E. Dec Esc.

kiwifarms.net
They're really ramping up the hoplophobia. I came across this in part of the Supreme Court filing:

The AR-15 and M16 are highly lethal weapons that are engineered to deliver maximum carnage with extreme efficiency. Several features make these rifles especially well suited for combat and enable a shooter to inflictun paralleled carnage. Rapid semiautomatic fire "unleashes a torrent of bullets in a matter of seconds." The ability to accommodate large capacity magazines allows for prolonged assaults. Exceptional muzzle velocity makes each hit catastrophic. Indeed, the plaintiffs contend, bullets fired from these rifles travel at such a high velocity that they cause a shockwave to pass through the body upon impact, resulting in catastrophic injuries even in areas remote to the direct wound. Finally, the fact that the AR-15 and M16 are lightweight,air-cooled, gas-operated, and magazine fed, enabling rapid fire with limited recoil, means that their lethality is not dependent on good aim or ideal combat conditions.
 

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thismanlies

The Funnest Part of Gaming is Looting Corpses.
True & Honest Fan
kiwifarms.net
Yeah, a friend of mine made that point. The whole lawsuit should fall apart at that juncture; might as well sue Ford when some nigger carjacks your F-150 and kills a family of four during his getaway.
That comment got my memory jogging. I found myself wondering why they'd have the balls to go after Remington this way. Turns out they've bent the knee over mass shootings before.


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My guess is someone involved with this suit remembered Bushmaster settling things over the DC Sniper case and got dollar signs in their eyes. Granted the Sniper killings happened in 2002 and Cerberus Capital Management (The company that currently owns both Remington and Bushmaster) didn't acquire them until 2007. But seeing as how Remington declared bankruptcy a year ago, I'm not too optimistic about this lawsuit.
 

Cosmug

Space Asshole
kiwifarms.net
Every time a (NON GANG RELATED) shooting happens the mythology is immediately in production. Before the bodies are fucking cold it’s ceased to be a real event and is nothing more than a parable against whatever inanimate chunk of metal haunts the nightmares of the shitty politicians looking to get some free publicity. This time by trying to demand companies are responsible if you’re an idiot and think that car insurance is literally sold by a talking Ozzie gecko or some shit.
They're really ramping up the hoplophobia. I came across this in part of the Supreme Court filing:
“Five hundred billion clips per second of armor-piercing explosive 598 caliber death.”
 

It's HK-47

Meatbag's Bounty of Bodies
True & Honest Fan
kiwifarms.net
They're really ramping up the hoplophobia. I came across this in part of the Supreme Court filing:
That's absolutely fucking stupid and whoever wrote that should stick to drinking glue for a living. Some states don't even allow you to hunt with an AR-15 because the rifle generally doesn't allow for a bullet caliber that's strong enough to humanely kill large game. I don't even like guns that much and even I know every sentence in that statement was made-up horseshit meant to scare middle-aged mothers who know less about guns than we know about the dark side of the moon.

A solid 90% of that entire paragraph there is absolute bullshit written by someone who has no idea what "muzzle velocity" even is in the first place, let alone know that there's absolutely nothing about the AR platform that makes it launch bullets faster than any other fucking gun can launch bullets. The more I see these kinds of statements the more I sympathize with gun-nuts who just want to hang these people for being so disingenuous.
 

MembersSchoolPizza

kiwifarms.net
A solid 90% of that entire paragraph there is absolute bullshit written by someone who has no idea what "muzzle velocity" even is in the first place, let alone know that there's absolutely nothing about the AR platform that makes it launch bullets faster than any other fucking gun can launch bullets. The more I see these kinds of statements the more I sympathize with gun-nuts who just want to hang these people for being so disingenuous.
And the other 10% of it is meaningless drek that could apply to any gun. "Shockwaves pass through the body"... Yes. This is true of literally any bullet fired from literally any gun. It's trendily called hydrostatic shock, but it's just basic fluid dynamics. The body is mostly fluid. If you strike fluid, it causes shock waves. This isn't rocket science, it's elementary school "drop a stone in a pond" level physical science.

There's debate over how harmful it is, though. While there have been suggestions that high velocity ammunition can cause hemorrhaging in the brain from hydrostatic shock, actual autopsy evidence is inconclusive.
 

Zaryiu

kiwifarms.net
I expected to find out a ruling this ass backwards to be from California, i forgot New Haven was in Connecticut so i got surprized
 
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