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Article

15 Jun 2016

Author:
Kristin Hussey & Lisa W. Foderaro, New York Times (USA)

USA: Lawsuit against maker & sellers of assault rifle used in Sandy Hook shooting seeks to challenge legislative immunity

"Surprising Progress in Newtown Families' Suit Against Maker of the AR-15 Rifle", 14 Jun 2016

For two years, a group of families in Newtown, Conn., quietly laid the groundwork for a legal case against the maker and sellers of the assault rifle that on Dec. 14, 2012, claimed 26 lives…

The legal challenge faces long odds, and a key hearing next week will determine its future. But the lawsuit has already progressed further than many had expected — a Connecticut judge has set a trial date and has ordered the defendants to turn over documents…

The lawsuit seeks to overcome the broad immunity given to gun makers and sellers under a 2005 federal law, protecting them from liability when guns are used in a crime. But there is a small window for holding companies accountable, including instances of so-called negligent entrustment, in which a gun is carelessly given or sold to a person posing a high risk of misusing it.

The 10 Newtown plaintiffs argue that the AR-15 is a weapon of war — its cousin, the M-16, was the rifle of choice in Vietnam — and therefore should never have been marketed to civilians…

The defendants [the manufacturer, Remington; the wholesaler; and a local retailer] have been vigorously seeking to have the lawsuit thrown out…

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