In a dramatic twist of litigious fate, arms maker Remington has now settled a highly contentious lawsuit that could have an indelible impact on the gun industry and the Second Amendment.
The settlement, which awarded the families of the Sandy Hook Elementary School tragedy a whopping $73 million, was the first of its kind, and came as the families attempted to legally establish that “assault” style rifles are being “negligently” sold to people who are not either in the military or in the law enforcement community.
The families argued Remington negligently entrusted to civilian consumers an assault-style rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act through the sale or wrongful marketing of the rifle.Advertisement - story continues below
Remington, which filed for bankruptcy protection in July 2020, had argued all of the plaintiffs’ legal theories were barred under Connecticut law and by a federal statute — the Protection of Lawful Commerce in Arms Act — which, with limited exceptions, immunizes firearms manufacturers, distributors and dealers from civil liability for crimes committed by third parties using their weapons.
This is the first time that a gun manufacturer has found themselves legally or financially liable in the case of a mass shooting.
There are concerns that the settlement could open up a litigious line of attack for groups looking to gut the Second Amendment via this “negligence” claim.