The Connecticut Supreme Court Thursday narrowly reversed a ruling by a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed.
In a 4-3 decision the court remanded the landmark gun case back to Bridgeport Superior Court and possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits.
The ruling paves the way for the families to subpoena internal documents on how the gun companies have marketed the AR-15, which has become the weapon of choice for mass shooters. The gun manufacturers have closely guarded information on how they market the assault weapons.
“There is a reason why this particular consumer product is the one that is used by people who want to inflict the most damage and we have seen it time and time again since my son and his classmates were killed,'' said David Wheeler, whose son Ben was killed in the Sandy Hook attack. "That reason very likely potentially resides in the documents that we have been unable to look at until now.”