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Gun Politics

For discussion of religion and politics

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Isgrimnur
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Re: Gun Politics

Post by Isgrimnur » Thu Mar 14, 2019 12:50 pm

WaPo
Connecticut’s Supreme Court ruled Thursday that the manufacturer of the Bushmaster AR-15 rifle can be sued and potentially held liable in connection with the 2012 mass murder at Sandy Hook Elementary School in Newtown, Conn.

The groundbreaking decision overturned a lower-court ruling barring the lawsuit, which was brought by the estates of nine victims killed by Adam Lanza, who was armed with the high-powered rifle during his assault on the school. Bushmaster is owned by Remington.

The families argued, among other things, that the rifle’s manufacturer and distributor negligently allowed and encouraged civilians to use a weapon suitable only for military and law enforcement use.

The firearms company had convinced a lower court that a federal law enacted in 2005 limited the liability of firearms manufacturers and dealers, essentially preempting wrongful death suits in state and federal courts.

The Connecticut high court disagreed. It also said the suit, which seeks unspecified damages for each death, could go forward under that state’s Unfair Trade Practices Law.
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LawBeefaroni
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Re: Gun Politics

Post by LawBeefaroni » Thu Mar 14, 2019 2:35 pm

a weapon suitable only for military and law enforcement use.
It's not suitable for military use but regardless, there is nothing special about AR15s except being lightweigt and easy to operate. Is the argument that civilian firearms must be unwieldy and cumbersome?
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Re: Gun Politics

Post by LawBeefaroni » Thu Mar 14, 2019 4:16 pm

So it looks like he Connecticut court says that the state's Unfair Trade Practices Act supercedes the federal the Protection of Lawful Commerce in Arms Act. The CUTPA is about advertising and marketing. The PLCAA is about liability of firearms manufacturers.

Connecticut law, the court wrote in the majority opinion, "does not permit advertisements that promote or encourage violent, criminal behavior." While federal law does offer protection for gun manufacturers, the majority wrote, "Congress did not intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct, and given that statutes such as CUTPA are the only means available to address those types of wrongs, it 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."
If Remington advertised and promoted criminal behavior, the ok.

This isn't about what an AR15 can or cannot do. It's about whether Remington made someone go on a murderous rampage with its marketing.
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Re: Gun Politics

Post by Isgrimnur » Thu Mar 14, 2019 4:19 pm

I'm sure that Hollywood loves that argument.
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