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Judge Rules Firearms Lawsuit Can Proceed In Court

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BRIDGEPORT - A Superior Court judge has ruled that a lawsuit filed against the manufacturer of the semiautomatic rifle used in the 2012 Sandy Hook School shootings can proceed through the state court system.Comments(This story was amended at 3:45 pm, April 18, to include comments from the Newtown Action Alliance.)

Judge Barbara Bellis on April 14 ruled that a 2005 federal law that protects gun manufacturers from lawsuits, known as the Protection of Lawful Commerce in Arms Act (PLCAA), and also a state law known as the Connecticut Unfair Trade Practices Act (CUTPA), do not prevent the attorneys for the plaintiffs from arguing that the semi-automatic rifle is a military weapon that is not suitable for sale to civilians.

On December 14, 2012, Adam Lanza, 20, shot and killed 20 first-grade students and six educators with a Bushmaster XM15-E2S rifle which his mother had legally purchased. Earlier that day, Lanza murdered his mother at their Sandy Hook home with another gun before going to the school. Lanza killed himself at the school after police arrived.

The ten plaintiffs in the lawsuit are the families of nine people who were killed in the school massacre and also one teacher who survived. The plaintiffs lodged the lawsuit in December 2014.

Remington Arms, the parent company of Bushmaster Firearms, which made the weapon used in the school shooting is a defendant, among several other gun-related firms.

Lawyers for Remington Arms and other defendants had sought to dismiss the lawsuit, arguing that the PLCAA federal law shields gun manufacturers from liability on such lawsuits.

Joshua Koskoff, a lawyer for the families, said, "We are thrilled that the gun companies' motion to dismiss was denied. The families look forward to continuing their fight in court," according to report published by The Associated Press.

In her 18-page decision, Judge Bellis ruled that, "The defendants' motions to dismiss (the lawsuit), in which they claim that the court lacks subject-matter jurisdiction, cannot be granted on the basis of PLCAA."

Also, the judge found that the plaintiffs have the legal right to pursue the lawsuit under the terms of CUTPA. In their motions to dismiss the case, the defendants had claimed that the plaintiffs have no such legal right.

In response to Judge Bellis's decision, Newtown First Selectman Pat Llodra said, "I applaud the decision of Judge Bellis to allow the lawsuit to go forward."

"I believe the protection of gun companies from civil action is wrong. The Protection of Lawful Commerce in Arms Act…of 2005 provides for gun companies an escape from accountability that is special and disproportionate to manufactures of other products, " Mrs Llodra said.

"Our service to all of our citizens is weakened when we have government policy that creates, and thus encourages, an escape from accountability," Mrs Llodra said.

Newtown School Superintendent Joseph V. Erardi, Jr, commented, "I applaud the decision by Judge Bellis and fully endorse, align with, and support the parents of Newtown who believe that a semiauto-matic weapon should not be a part of any household in the country."

Newtown Police Chief James Viadero said. "It' a lawsuit, and I don't think it would be appropriate for me to comment."

Mike Bazinet, spokesman for the Newtown-based National Shooting Sports Foundation (NSSF), said April 18 that NSFF would not be making a statement on the case. The NSSF is a trade association for the firearms industry.

In a statement, the Newtown Action Alliance (NAA) said, in part, "We applaud Judge Barbara Bellis's ruling to allow the Sandy Hook families their day in court.  The devastating and senseless shooting that occurred on December 14, 2012, at Sandy Hook Elementary School, demonstrates that AR-15s and other military-style assault rifles should not be marketed or sold to civilians."

"Civil litigation and access to courts are important levers that been used to hold corporations account-able for their harmful business practices.  The gun industry must also be held accountable for its harmful business practices that took the innocent lives of 20 children and six educators in an elementary school," according to NAA.

"We hope this lawsuit will continue to move forward and there will be a positive outcome for the Sandy Hook families. Meanwhile, we will continue to urge Congress to repeal PLCAA, a congressional gift to the gun industry," NAA added.

"Last week, families who have been negatively impacted by PLCAA met with members of Congress or the gun policy advisors to ask them to repeal PLCAA," according to NAA.

The NAA, which formed after the Sandy Hook School shooting incident, seeks legislative and cultural change with the goal of  reduced gun violence.

In a joint statement on the judge's decision, US Senators Richard Blumenthal and Chris Murphy and  Congresswoman Elizabeth Esty said, "Today's ruling is a good step forward for the Sandy Hook families and for all Americans who have agonized with the Newtown community since that dark day in De-cember of 2012."

They added, "The judge opened the courthouse door to allow these families to continue to plead their case. But unfortunately, for far too many families, PLCAA has been a complete barrier to justice. We won't stop fighting until this harmful law is repealed."

In a statement, Governor Dannel Malloy said, "We've passed the toughest gun laws in the nation for a reason.  These families deserve this. The ruling is the right one. The gun industry should not have protections that no other industry in America sees.  This is a victory for the families and a victory for those who stand for common sense gun laws."

In a statement, Hilary Clinton, Democratic candidate for the presidency, said, "Today's ruling in Connecticut is an important step forward for these families, who are bravely fighting to hold irresponsible gun makers accountable for their actions."

"They deserve their day in court. Unfortunately…the sweeping immunity law that protects gun manufacturers and dealers still remains a major obstacle for these families and others seeking to hold these gun companies accountable'" she said.

"That is why, as president, I would lead the charge to repeal this law. Nothing can make these families whole again after losing their children and loved ones in Sandy Hook, but they deserve a president who will fight for them, and I am committed to doing just that," Mrs Clinton said.

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