[ad_1]
STARKVILLE — Does the stunning $73 million verdict against gun manufacturer Remington in the 2012 school shooting at Sandy Hook Elementary in Newtown, Connecticut, that claimed the lives of 20 first-graders and six educators signal a sea change in litigation against gun makers?
In a word, no. Congress has provided near blanket legal immunity to gun manufacturers from lawsuits of this nature.
In 2005, Congress adopted the Protection of Lawful Commerce in Arms Act which shielded both sellers and manufacturers of qualified products from civil litigation brought by the victims of gun violence or their families alleging misuse of those same products.
Specifically, Congress found in crafting the PLCAA that “businesses in the U.S. that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.”
Sandy Hook shooting settlement: Families settle for $73M with gun maker
So just how did the Sandy Hook victims’ families circumvent that federal legal protection? Attorneys for the plaintiffs successfully argued that Remington marketed the Bushmaster AR-15-style rifle used by shooter Adam Lanza through the video game “Call of Duty” in violation of Connecticut trades practices law.
Plaintiffs identified a narrow exemption to the PLCAA protections in the Sandy Hook case. The Connecticut Supreme Court ruled Remington could be sued under Connecticut law over the marketing of the rifle. Remington appealed to the U.S. Supreme Court, which declined to hear the case.
In state and federal courts, Remington denied there was evidence to establish that its marketing had anything to do with the massacre. Remington filed for bankruptcy in 2020 under the weight of the lawsuits, and the $73 settlement will be paid by four of the company’s liability insurers.
The Sandy Hook case is seen as a victory for opponents of unfettered Second Amendment rights. But should it be seen as the harbinger of new legal victories against gun manufacturers?
Again, in a word, no.
The PLCAA is a tremendous legal shield for gun sellers and manufacturers. The National Rifle Association’s Wayne LaPierre at the time called it “the most important gun legislation in the last 20 years.”
Distinguished Georgia State University law professor and legal scholar Thomas D. Lytton, who is a national expert on the history of lawsuits against gun manufacturers, said the Sandy Hook verdict decidedly does not open the floodgates for successful civil litigation against them from victims of crime and their families.
Lytton cited the narrow path those plaintiffs had to traverse to overcome the PLCAA protections in making that assessment in an essay written for scholarly news site The Conversaton.
“The Sandy Hook settlement leaves unanswered the scope of the federal immunity shield, which thwarted all prior attempts to hold gun manufacturers responsible for the criminal misuse of their weapons. What’s more, Remington’s reasons for agreeing to settle may have more to do with the company’s struggle to reemerge from bankruptcy than a newfound willingness among gun-makers to settle claims.
“While the settlement is a notable victory for the families of Sandy Hook’s victims, it’s still unclear if it’s a game-changer for gun control advocates,” Lytton said.
How the Supreme Court reacts to the Sandy Hook case will be closely watched in future cases, but it is in state capitols where the fight over gun rights is most volatile and active. In red states like Mississippi, with some of the least restrictive gun laws in the country and more emerging from the state legislative hopper each year, that observation is accurate both from a legal and political standpoint.
Sid Salter is a syndicated columnist. Contact him at sidsalter@sidsalter.com.
[ad_2]
Source link
754800 491631Its excellent as your other posts : D, regards for posting . 580347
512526 409166You produced some decent points there. I looked on the internet for that problem and discovered most people is going together with with the internet site. 601834
865955 659345Hi there. Extremely cool internet site!! Guy .. Beautiful .. Fantastic .. I will bookmark your web site and take the feeds additionallyI am glad to locate so much helpful information correct here inside the write-up. Thanks for sharing 900687
204372 768172I entirely agree! I came more than from google and am looking to subscribe. Exactly where is your RSS feed? 998206
131975 73405The next time Someone said a weblog, I hope that it doesnt disappoint me just as significantly as this. Come on, man, I know it was my choice to read, but When i thought youd have some thing intriguing to say. All I hear is genuinely a handful of whining about something you could fix inside the event you werent too busy searching for attention. 380870
182565 648268Pretty section of content material. I just stumbled upon your weblog and in accession capital to assert that I get in fact enjoyed account your blog posts. Any way I will be subscribing to your augment and even I achievement you access consistently rapidly. 803620
585930 559349a whole lot lately with my father so hopefully this will get him to see my point of view. Fingers crossed! mortgage banker new york 393447
904156 425708Theres noticeably a bundle to discover out about this. I assume you created certain good points in capabilities also. 595952
58634 103077never saw a internet site like this, relaly impressed. compared to other blogs with this article this was definatly the most effective internet site. will save. 569947
751581 135861I recognize there exists plenty of spam on this weblog. Do you want support cleansing them up? I may possibly aid amongst courses! 714897
862214 449470hi, your internet site is actually great. I truly do appreciate your give great results 435822
293481 663197After study a few of the content material inside your website now, we genuinely such as your technique of blogging. I bookmarked it to my bookmark web web site list and will also be checking back soon. Pls check out my web-site likewise and make me aware what you believe. 337115
778436 876467Satisfying posting. It would appear that a lot of the stages are depending upon the originality aspect. Its a funny thing about life in case you refuse to accept anything but the best, you extremely often get it. by W. Somerset Maugham.. 480787
513284 514862Thank you for this. Thats all I can say. You most undoubtedly have created this into something thats eye opening and crucial. You clearly know so much about the subject, youve covered so numerous bases. Wonderful stuff from this part of the internet. 776506
91551 998314Woh Everyone loves you , bookmarked ! My partner and i take concern within your last point. 947510
286903 79616I observe there is plenty of spam on this weblog. Do you want assist cleaning them up? I might support among classes! 713830
209609 989099Thanks for the excellent post against your weblog, it genuinely provides me with a look about this topic.??;~.?? 10139
174432 784784I only wish that I had the ability to convey what I wanted to say inside the manner that you have presented this details. Thanks. 485572
438794 430844really good post, i surely really like this web site, keep on it 601097
878373 904406I conceive this site has extremely great indited content material material posts . 497948
133677 940493This web website is generally a walk-through its the data you wished concerning this and didnt know who ought to. Glimpse here, and youll surely discover it. 414904
256495 516190Most useful human beings toasts need to amuse and present give about the couple. Beginner audio systems previous to obnoxious throngs would be wise to remember often the valuable signal using grow to be, which is to be an individuals home. greatest man speech examples 373094
79995 628382Its truly a cool and helpful piece of data. Im glad that you shared this beneficial information with us. Please keep us informed like this. Thanks for sharing. 576791