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The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."
The closely watched lawsuit has survived many legal twists and turns, moving from state to federal court and back, and repeatedly escaping bids by Remington and gun owners' groups to quash it. While the suit initially centered on a claim of negligent entrustment — or providing a gun to someone who plans to commit a crime with it — the case now hinges on how Remington marketed the gun.
The 2005 federal law that shields gun companies from liability has several exceptions — including one allowing lawsuits against a gun-maker or seller that knowingly violates state or federal laws governing how a product is sold or marketed.
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In filings with the U.S. Supreme Court, the Sandy Hook families say Remington "published promotional materials that promised 'military-proven performance' for a 'mission-adaptable' shooter in need of the 'ultimate combat weapons system.' " They also accuse the company of fostering a "lone gunman" narrative as it promoted the Bushmaster, citing an ad that proclaimed, "Forces of opposition, bow down. You are single-handedly outnumbered."
Parents who lost their children on that horrible day have said it was no accident that Lanza picked the AR-15-style rifle to carry out his shooting rampage.
In 2016, Nicole Hockley, whose son Dylan was killed in the attack on his elementary school, said the gunman chose an AR-15-style gun "because he knew it would kill as many people as possible as fast as possible."