A lawsuit by a small number of Sandy Hook victims’ parents against Remington Arms and Bushmaster has been dismissed.
Under the Protection of Lawful Commerce in Arms Act (PLCAA), gun manufacturers are immune from lawsuits where guns are used in criminal acts. So Remington and Bushmaster, by law, have no liability for the Sandy Hook murders.
The PLCAA has, however, a exception for negligent entrustment of a weapon. Plaintiffs’ sought to shoe horn Remington and Bushmaster into this exception. However, in this case the killer’s mother, not the killer, purchased the weapon used. And the killer obtained the weapon by killing his mother. So neither the gun manufacturer nor a gun seller entrusted anything to the killer; negligently or otherwise.
Bearing Arms has an excellent take on this story and is well worth a read.
As for me, I always hold my breath when it comes to what a Judge will do in a case. Even if, as is this case, a statute plainly shows what the outcome should be. Because these days it is fashionable for Judges to flout laws, make up laws, or plain ignore laws in favor of their own opinions. So it was with relief that I saw that the Judge in this matter managed to come to a correct determination. I may need to take another breath, however, as the plaintiffs’ attorney plans to appeal, and that just gives another set of Judges a chance to do the wrong thing. Hopefully they won’t, but … (inhale and hold) … .