Breaking News: Superior Court Judge Barbara Bellis has ruled that the 10 Sandy Hook families that are suing Remington Arms Co., Bushmaster and other gun manufacturers that they can proceed with the lawsuits they have filed. The gun manufacturers can be held responsible for the deaths of their family members in what is being referred to as a landmark ruling.
Asserting the court has the proper jurisdiction to hear the lawsuit, Bellis said the federal Protection of Lawful Commerce in Arms Act (PLCAA) which ordinarily shields firearm companies from legal liability does not meet “legal sufficiency” to nullify claims made by the families.
“The court concludes that any immunity that PLCAA may provide does not implicate this court’s subject matter jurisdiction,” Bellis wrote according to The Independent. “Accordingly, the defendants’ motions to dismiss, in which they claim that the court lacks subject matter jurisdiction, cannot be granted on the basis of PLCAA.”
This is being celebrated as a major win for the families even though the PLCAA, found in 15 U.S. Code § 7901 (a), make note that firearm manufacturers should not be held liable for harm caused by their products:
“(5) Businesses in the United States 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.
(6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation’s laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States.”
by Adan Salazar