The 4-3 decision found that the plaintiffs—the families of nine victims—can sue Bushmaster under state unfair trade practices law, despite a federal statute that protects the gun industry from most lawsuits.
“This is like suing Ford or General Motors because a car they sold was stolen and used to run over a pedestrian all because the car manufacturers advertised that their car had better acceleration and performance than other vehicles,” said the Second Amendment Foundation’s Alan Gottlieb.
“This ruling strains logic, if not common sense,” Gottlieb added. “The court dismissed the bulk of the lawsuit’s allegations, but appears to have grasped at this single straw by deciding that the advertising is somehow at fault for what Adam Lanza did that day in December more than six years ago.”
The National Shooting Sports Foundation, which filed an amicus (or “friend of the court”) brief sporting Bushmaster, said the court was exploiting a narrow exception to the Protection of Lawful Commerce in Arms Act (PLCAA) that shields gunmakers from civil liability in most instances.