The firearms company that made the AR-15 rifle used in the 2012 Sandy Hook Elementary School massacre is seeking to dismiss a wrongful death lawsuit filed by the victims’ families.
Manufacturer Bushmaster plans to ask a Connecticut judge to dismiss the lawsuit, which threatens to dramatically weaken the legal protections for gunmakers.
The company’s lawyers said they are protected by a 2005 federal immunity law that protects gunmakers from most lawsuits over criminal use of their products, according to a report by the Associated Press.
Under current law, gunmakers are largely free from liability if a person commits a crime with their product. The law lists several situations that are not protected from liability. It does not protect gun dealers who transfer a gun knowing it would be used for criminal purposes, nor those who knowingly break state or federal law if the violation results in harm. Gun manufacturers can also be sued if the gun, when used properly, causes injury because the product is defective.
Democratic Presidential Front-Runner Hillary Clinton wants to take these legal protections away from those who manufacture firearms. “Probably one of the most egregious, wrong, pieces of legislation that ever passed the Congress when it comes to this issue is to protect gun sellers and gun makers from liability,” she said in Iowa Oct. 7.
A ruling in favor of the defendants would have drastic repercussions for the Yellowhammer State. In 2014 Remington, the parent company of Bushmaster, announced a plan to expand its operations into Alabama.
Remington first began considering new locations after the New York legislature passed the Secure Ammunition and Firearms Enforcement (SAFE) Act. In addition to banning magazines that contain more than seven rounds and requiring instant background checks on ammo purchases, the law broadened the definition of so-called “assault weapons” to include a wide range of guns, including the Bushmaster AR-15, which is essentially the civilian version of the M-16, the fully automatic weapon that has been used by American soldiers since Vietnam.
Exposing gunmakers to liability for tragic events such as Sandy Hook could cause irreparable harm to their companies. If this legal doctrine gains steam, particularly at the Federal appellate level, those wishing to exercise their Second Amendment rights could be in trouble. Gun companies found liable for senseless and unforeseeable tragedies could be litigated out of existence by lawsuit after lawsuit.
The AR-15 has drawn the ire of liberal politicians, but has been fiercely defended by gun rights advocates, including NRA president David Keene who penned an op-ed titled “The AR-15: The Gun Liberals Love to Hate,” in which he criticized liberal politicians and members of the media for having “a simple minded and narrow understanding of why the founders included the Second Amendment in our Bill of Rights.”
Individuals defending the AR-15 say that it is an excellent weapon for self-defense. Perhaps most notably, business owners used AR-15s to successfully defended their shops against looters during the L.A. riots in the early 1990s.
Remington officials announced in May that they are moving the production lines for the Bushmaster rifle and 1911 pistol from Ilion, NY to Hunstville, Ala.
