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In reply to the discussion: Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster [View all]branford
(4,462 posts)Bushmaster, the distributor, the seller and the mother, were all lawful purchasers / transferees of the rifle. Lanza then killed his mother and stole the rifle.
The complaint expressly seeks to ban the AR15 rifle (and really all semiautomatic rifles and/or those with a military pedigree), the most popular rifle platform in the USA, and all "high capacity" magazines for all civilians. Plaintiffs' negligent entrustment allegations are a obvious plot to achieve vast gun control aims that are reserved for the legislature (and possibly prohibited by the 2A), and precisely the types of lawsuits which the PLCAA was intended to prevent.
As I said, I would not be shocked if the CT trial court did not grant the inevitable motions to dismiss. However, I don't think we'll ever get so far into the case necessitating motions for summary judgment when the key issue is a preemptive federal immunity. I believe that the CT appellate courts will likely declare that the facts alleged in the complaint do not fit within state negligent entrustment jurisprudence, and even if they did, the defendants would be immune to suit under the PLCAA. I cannot imagine likely less sympathetic federal courts finding that any of the defendants are not immune under the PLCAA if the CT courts do not dispose of the case on their own.
Ironically, if this case ever reached the Supreme Court, it might actually be a basis to establish that popular semiautomatic rifles, like popular handguns, are expressly and similarly protected by the 2A.
If you have not done so, I would recommend Professor Volokh's short article.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/lawsuit-filed-against-gun-manufacturers-and-dealers-over-sandy-hook-murders/