As noted on the GunLink Forums last week, families of victims of the Sandy Hook tragedy had filed wrongful death notices over the the December 2012 killings by Adam Lanza in Newtown, CT. This was widely seen as the first step towards a lawsuit as the two-year deadline to file approached. Now those families are moving forward with a class action lawsuit in Connecticut superior court against the manufacturer of the firearm that Lanza used.
The complaint claims that the Bushmaster rifle is a military weapon, citing its “efficiency as a military assault rifle,” high muzzle velocity, large magazine capacity, and ability for effective rapid fire. The complaint goes on to call the rifle a “civilian weapon marketed for combat” before going on to trot out the standard anti-gun “sporting purpose” line. In addition to monetary and punitive damages “in excess of $15,000″ and attorney’s fees, plaintiffs are seeking injunctive relief against the manufacturer and the distributors who sold the rifle.
The Protection of Lawful Commerce in Arms Act generally prevents firearms manufacturers and dealers from being held liable for negligence when crimes have been committed with their products. In theory, this would protect Bushmaster, Remington Outdoor Group, Freedom Group and other named defendants from legal action stemming from the tragic criminal actions committed by an untreated deranged individual.