Gunmaker Remington Arms agreed to pay $73 million to nine families who lost loved ones in the 2012 Sandy Hook Elementary School mass shooting in Connecticut. The shooter, 20-year-old Adam Lanza, kille...
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But what about the 2005
Protection of Lawful Commerce in Arms Act (PLCAA) otherwise known as the
Child Safety Lock Act? The PLCAA is pretty clear when it comes to suing gunmakers. You canât sue a gun manufacturer because one of their guns was used in a crime. But read #3 closely (Iâve emphasized it):
Prohibits in any Federal or State court a civil liability action brought by any person against a manufacturer or seller of a qualified product (firearm or ammunition), or a trade association, for damages resulting from the criminal or unlawful misuse of such product by the person or a third party. Requires immediate dismissal of any such action pending on the date of enactment of this Act. Excludes from such prohibition (thus allows) any action: (1) brought against a transferor convicted under Federal or State law by a party directly harmed by the conduct of which the transferee is so convicted; (2) brought against a seller for negligent entrustment or negligence per se; (3) where a manufacturer or seller of a qualified product knowingly and willfully violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the product; or (5) for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended.
Lawyers for the families focused on the marketing of the gun used in the shooting. They argued that Remington used images and marketing phrasing such as âControl Your Destinyâ and âBravery on Dutyâ that hinted at military imagery, which is
illegalin Connecticut, and thus they are partly responsible for Lanzaâs carnage. You can see examples of Bushmaster
marketing here.
Is that enough to sue Remington? Logically, no itâs not. We donât even know if Lanza, or his mother who bought the gun from a Connecticut gunshop, saw the ads. Remington was expected to
win this lawsuit. However, emotions understandably run high when 20 elementary school kids have been murdered.
âWhen the Sandy Hook families came to see us, it was about nine years ago, and it was in the aftermath of shattering loss, and they were stunned, and they didnât know what to do or where to go,â Joshua Koskoff, attorney for the families
stated in a press conference. âBut they had the energy and drive and motivation to do one thing, and that was to do whatever they could so that other families would not have to go through the kind of pain and loss that they had.â
The last line is telling. The attorney makes it clear he is not merely looking for a financial settlement, he wants Remington, the nationâs oldest gunmaker, to go away.
FACT-O-RAMA! Remington Arms filed for bankruptcy for the second time in 2020.
Remington offered a $33 million payout but later agreed to the $73 million. Remington also allowed the
families to release Remingtonâs gun marketing strategies.
Remington has
sold off some of its other firearm-related companies. JPMorgan, a Remington creditor, has taken over a piece of the pie as well.
