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Judge rules Newtown lawsuit against gun maker can go forward

Some of the firearms and ammunition found on or near Adam Lanza's body following the Dec. 14, 2012, shooting rampage at Sandy Hook Elementary School in Newtown, Conn.

Some of the firearms and ammunition found on or near Adam Lanza’s body following the Dec. 14, 2012, shooting rampage at Sandy Hook Elementary School in Newtown, Conn.

(Getty Images)

A lawsuit can go forward against the maker of the rifle used in the 2012 Sandy Hook Elementary School shootings in Newtown, Conn., a judge ruled Thursday.

Superior Court Judge Barbara Bellis said that a 2005 federal law protecting gun makers from lawsuits does not prevent lawyers for the victims’ families from arguing that the semiautomatic rifle is a military weapon and should not have been sold to civilians.

Adam Lanza, 20, killed 20 first-grade students and six educators on Dec. 14, 2012, with a Bushmaster XM15-E2S rifle that his mother had bought legally. Lanza killed his mother, Nancy Lanza, at their Newtown home with a different gun before going to the school a few miles away, and then killed himself as police arrived.

The families of nine children and adults killed at the Newtown school and a teacher who survived the attack are suing Remington Arms, the parent company of Bushmaster Firearms.

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Lawyers for Remington Arms sought to have the lawsuit dismissed, arguing that federal law shields gun manufacturers from most lawsuits over criminal use of their products. They said Congress passed the Protection of Lawful Commerce in Arms Act after determining that such lawsuits were an abuse of the legal system.

Bellis ruled Thursday that that argument would be best made in a motion later in the process and was not grounds to dismiss the lawsuit.

Lawyers for Remington did not immediately return phone calls seeking comment.

Joshua Koskoff, a lawyer for the families, argues there is an exception in the federal law that allows litigation against companies that know, or should know, that their weapons are likely to be used in a way that risks injury to others.

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“We are thrilled that the gun companies’ motion to dismiss was denied,” he said. “The families look forward to continuing their fight in court.”

Debate over the 2005 law has resurfaced in this year’s presidential campaign. Hillary Clinton has criticized fellow Democrat Bernie Sanders for supporting it when it was passed.

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