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Court Rules Remington Can Be Sued For Bushmaster AR-15

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  • Ross7

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    Seems they found a way around the "The Protection of Lawful Commerce in Arms Act".

    Connecticut’s Supreme Court ruled Thursday that the manufacturer of the Bushmaster AR-15 rifle can be sued and potentially held liable in the 2012 mass murder at Sandy Hook Elementary School in Newtown, Conn.

    The Connecticut court said the suit could go forward under that state’s Unfair Trade Practices Act, a statute aimed at harmful marketing, in this case marketing not of the weapon itself but the use of the weapon as a potential tool for “offensive military style combat” by civilians, which is illegal.

    https://www.washingtonpost.com/worl...e9-aaf8-4512a6fe3439_story.html?noredirect=on
     

    FrommerStop

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    Seems they found a way around the "The Protection of Lawful Commerce in Arms Act".



    https://www.washingtonpost.com/worl...e9-aaf8-4512a6fe3439_story.html?noredirect=on
    Remains to be seen if they have found a way around federal law. From another article since the washingtonpost wants me to pay a dollar to see the link your posted. This will likely go to the supreme court if the remington loses. Remington might even go to them first and ask for some action at the federal level.

    The court ruled, however, that Congress did not intend the PLCAA to preclude state law. Ultimately, the majority said, the plaintiffs should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing a military-style weapon to civilians.

    Connecticut law, the court wrote in the majority opinion, "does not permit advertisements that promote or encourage violent, criminal behavior." While federal law does offer protection for gun manufacturers, the majority wrote, "Congress did not intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct, and given that statutes such as CUTPA are the only means available to address those types of wrongs, it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet."
    https://www.npr.org/2019/03/14/7034...inst-gun-manufacturer-allowed-to-move-forward
     

    Ross7

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    From another article since the washingtonpost wants me to pay a dollar to see the link your posted.
    That's odd. I don't (and won't) pay a subscription for the WaPo, and I have never had any issue viewing any of their website. I would not knowingly post a link to any website that has a paywall.
     

    fl57caveman

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    the compost is hurting for subscribers, they like to limit what you can see on a linked page, so you can join...

    the hell with them,, wall st journal used to do the same probably still do
     

    Snake-Eyes

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    Another ludicrous lawsuit and waste of the Court's time and taxpayer dollars.

    What do you call 1000 lawyers at the bottom of the ocean? A good start.
     

    wildrider666

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    PLACC will prevail in the long run. A few problemc with the change to a NEW legal path CUPTA. Military Style firearms are not military firearms. Ads/marketing at issue show Zero Enemy/people being shot/engaged. Where IS the Unfair Trade Practices? Don't we expect guns to go boom when the trigger is pulled and something down range is hit? Don't we train, compete and even do war reenactments similar to what is depicted in the ads? Hell, kids use to play soldier all the time until anti-gun idiots made pop tarts and fingers equal to lethal weapons, We all have probably seen very similar ads for paint ball and guns are carried by folks in camo in all kinds of hunting and shooting. I think action movies and video games (which are marked) and show routinely every day and INCLUDE people being shot, injured and killed are far more "influencing" than the Ads. "Mom" bought the Bushmaster. It was her informed/influenced decision to purchase a Bushmaster (and other guns, some of them taken to the school also. It was her Son that used the guns, killed Mom first then went for a easy target no gun zone. Where is the hard connection between any bushmaster marketing and the murderer?

    Sorry for your loss at the hands of a murderer but stop trying to lay blame, push the anti 2A agenda and look for a payday on the backs of the innocent.
     

    FrommerStop

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    That's odd. I don't (and won't) pay a subscription for the WaPo, and I have never had any issue viewing any of their website. I would not knowingly post a link to any website that has a paywall.

    This is the message that I get
    We’re glad you’re enjoying
    The Washington Post.
    Get access to this story, and every story, on the web and in our apps with our Basic Digital subscription.
    Keep reading for $10 $1

    wash post.JPG
     

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    bowserb

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    Is it time for Ruger, Colt, Mossberg, Stag, and the others to move to a friendlier state? As a bonus, moving to a Right to Work state could be a way to shake loose of the unions and probably improve their QC. Note I'm not sure Ruger makes guns in CT, but their HQ is there, so they probably pay state income tax.

    Listening to Tom Gresham today, he figures they know the federal law will likely prevail, once they make it to the Supreme Court (of the US), but it will cost Remington a fortune in legal expenses. The left just wants to make it difficult for gun companies to do business. They need to all move to Texas--Brownsville, McAllen or some other place near the border. If the heat continues from the left, they can just move across the border, and we'll be buying Mexican made guns.
     
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