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The U.S Supreme Court on Tuesday declined to hear an appeal from Remington Arms Company as to whether the Connecticut Supreme Court, in allowing a lawsuit by victims of the Sandy Hook tragedy to proceed against Remington, correctly interpreted a narrow exception to the federal Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA bars lawsuits against members of the firearms industry seeking to blame them for harm caused by the criminal misuse of a lawfully sold, non-defective firearms.
In March the Connecticut Supreme Court ruled (4-3) that this wrongful death lawsuit could proceed based on a claim that Remington’s advertising was a knowing violation of law applicable to the sale or marketing of firearms and that the advertising in question was the proximate cause of the murders committed by Adam Lanza.
US - Supreme - Court - Denial - Remington
The U.S. Supreme Court’s denial of Remington’s certiorari petition is disappointing to the firearms industry. The National Shooting Sports Foundation, the firearms industry trade association, filed an amicus brief on behalf of Remington. While the U.S. Supreme Court grants review in very few cases, we believe this case warranted review.
For decades NSSF has been working to defend members of the firearms industry against frivolous lawsuits. NSSF was instrumental in drafting and successfully advocating for the passage of the bipartisan PLCAA that was signed into law by President George W. Bush in 2005.
PLCAA - Bedrock - Law - Principle - Manufacturer
The PLCAA simply codifies the bedrock common law principle that a manufacturer or retailer that lawfully sells a legal, non-defective product is not legally responsible for the subsequent criminal misuse of that product by a remote third person over whom the manufacturer or retailer has no control. That’s a long way of saying the PLCAAA says, “It’s the criminal who is solely responsible for his crime, not the manufacturer or retailer.”
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