HARTFORD, CT (WFSB/AP) — On Thursday, the Connecticut Supreme Court ruled that gun maker Remington can be sued for making the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012.

Justices were split on the question, but on Thursday morning the court ruled 4-3 that Remington can be sued over marketing of the rifle used in the Newtown school shooting.

Attorneys for Remington argued federal laws shield gun makers from lawsuits when their products are used in crimes.

For the most part, the majority opinion agreed with the lower court’s ruling in that case.

The wrongful death lawsuit against Remington was originally filed by families of nine victims and one survivor of the school shooting.

“I can’t say I’m excited by the ruling. I wish it was never here, but what we’ve said from the outset is all we wanted is our day in court," said Ian Hockley, the parent of a Sandy Hook shooting victim.

Those families asked to be allowed to sue the company for making the Bushmaster rifle that was used in the shooting at Sandy Hook Elementary school.

Twenty children and six educators died during that shooting in December of 2012.

"This is not where we wanted to be but, that being said, I'll spend the rest of my life in this particular avenue in one way shape or form," said Bill Sherlach. 

Bill Sherlach, who's wife Mary died in the school school, is part of the lawsuit. Mary was the school psychologist. 

In 2016, a lower court had dismissed the lawsuit saying that Remington could not be sued because federal laws protect gun makers from liability when their products are used in crimes.

The Connecticut Supreme Court did agree with the lower courts ruling that dismissed the families claims challenging the federal law, protecting  gun companies from lawsuits.

However, it ruled it would allow the wrongful death lawsuit to move forward based on a state law regarding unfair trade practices.

The ruling said, in part “If the defendants’ marketing materials did in fact inspire or intensify the massacre, then there are no more direct victims than these plaintiffs...That is to say, if these plaintiffs cannot test the legality of the defendants’ advertisements...then no one can.”

Remington has argued they're not responsible for what happened back in December of 2012, saying Lanza's mother bought the gun legally.

However, families have claimed the AR-15 style rifle was not just too dangerous for the public, but that Remington glorified the weapon through its marketing.

Remington has not yet commented on the ruling.

A statement was released on behalf of the Sandy Hook families, saying "The families are grateful that our state’s Supreme Court has rejected the gun industry’s bid for complete immunity, not only from the consequences of their reckless conduct but also from the truth-seeking discovery process. The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety. Today’s decision is a critical step toward achieving that goal.”

In a statement on Thursday, Newtown Action Alliance said "Thank you to the Connecticut Supreme Court for ruling in favor of the Sandy Hook families to allow them to continue to pursue their wrongful death lawsuit against Remington, the maker of the AR-15 that was used to murder 20 children & 6 educators."

U.S. Senators Richard Blumenthal and Chris Murphy, and U.S. Representative Jahana Hayes issued a statement as well on Thursday saying "We applaud this ruling as another step towards justice for the victims of gun violence. For far too long gun makers have been allowed to produce and market products that kill thousands each year with no liability for their actions,” said Blumenthal, Murphy, and Hayes. “Today's ruling allows the victims of these horrific acts of violence to have their day in court, and hold gun manufacturers accountable. To clarify this issue once and for all Congress should pass the Equal Access to Justice for Victims of Gun Violence Act."

Attorney General William Tong released a statement, saying "I am thankful that the families who have suffered unconscionable losses can have their day in court and can hopefully find some justice. The military-type gun designed to inflict maximum lethality used by Adam Lanza to kill innocent children and adults on that tragic day should not have been marketed to civilians. Our consumer laws were designed to protect consumers from harmful commercial activities of the type alleged in the complaint."

Read the full court ruling here.

Read the dissent on the ruling here.

Copyright 2019 WFSB (Meredith Corporation). All rights reserved. The Associated Press contributed to this report.

(10) comments

Logicandreason101

I'm all for better laws to prevent insane people from obtaining firearms, but, this is silly. Remington did NOT intend for their weapon to be used for this purpose. Law and Order even did an episode that dealt with this issue. It didn't work out to well for Jack McCoy.

Truthseeker

They must also sue the state of CT for providing the roads the killer used to drive from his house to the school. The Town of Newtown for Building the school that the children were trapped in. Mr Obama because he was President at the time and should have stopped it before it happened. The State Judges should be sued because of this ruling. Just pure incompetence on the State of CT. I'm so glad I left your corrupt state last year. I'm now in a place I can carry a weapon to protect myself when my states gets as bad as CT. You all will need your own.

JGB

How many more ways can our wonderful Democratic leadership come up to steal our constitional rights. I’m embarrassed to say I live in this state which I used to love.

WorriedAboutUS

I already bought a house in another state and am leaving Connnecticut with my tax dollars for a state that is not run by anti-American loons like Connecticut is. My best advice to young families us to leave Connecticut like many people and corporations already have. Ther is no freedom or common sense in this blue state. No hope.

passinthru

Let's also sue the manufacturer of Lexapro since he was on that and also the doctor that prescribed it.

Truthseeker

Democrat Corruption at it's finest! With this logic, victims of 9/11 can sue Boeing for the planes and the NYC for allowing the twin towers to be built in the 1st place. Where is this going to stop?

passinthru

Agree completely

WorriedAboutUS

We better start hiring a ton of new judges, attorneys and building more courts because by this (il)logic of the leftwing activist Justices, anyone can now file suit against car manufacturers of cars involved in accidents or malicious acts because of the advertising. This poor decision reminds us of the the leftwing judges in the majority at the time who decided against Kelo in favor of the City of New London for the eminent domain case.. That travesty by the Democrat Judges resulted in 18-20 states enacting new laws to prevent that insanity from occurring in their states in the future.

Vstarguy

I agree! This ruling sets a very negative precedent for all manufacturers of all things! Where is the logic in this "ruling". I too feel badly for the slaughter brought on by Lanza but we must NOT lose sight of the fact that, in this case the manufacturer of the gun used was NOT in any way sanctioned by the gun maker! Those kids will NOT be brought back by this "ruling" and the illogicality of this ridiculous ruling will have far reaching negative effects in the future. IE .... Stop making knives because if someone gets killed with a knife the knife maker can be sued! It's the very same thing folks. The ONLY difference is between the gun and the knife!

Iraqvet2003

Sue Remington? Really? The responsibility for the past mom; Lanza's mom. Adam shoot he's mom and the children. She, mom, gave the rifles and pistols and or obtain from her gun safe. My call is b.s. squarely on the mom R.I.P. Lanza's mom & children.

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