Attorneys representing gun manufacturers are fighting to throw out a lawsuit brought by families of the Sandy Hook shooting victims after landmark progress by the plaintiffs earlier this week.
The new motion to strike filings seeking to do away with the case come after a potentially groundbreaking ruling earlier this week by Judge Barbara Bellis that set a trial date for April 2018 and opened the door to discovery in the case.
Should the case proceed after the defense’s latest effort to kill the case, it would be the first lawsuit of its kind to reach the discovery phase after the enactment of the 2005 Protection of Lawful Commerce in Arms Act, or PLCAA, according to experts.
The discovery phase of the case would also unlock internal documents and open the door to depositions of employees of the gun companies, giving the public insight into the internal strategy in these companies.
The legal team representing Bushmaster, Remington, and other companies associated with distribution and sale of the firearms claim that the gun makers were not responsible for the actions of Adam Lanza, 20, the man behind the deadly Sandy Hook Elementary School shooting, saying they did not directly supply him with his weapon.
The defense also argues that the case is void under PLCAA, which prohibits cases against gun companies “for the harm solely caused by the criminal or unlawful misuse of firearm products,” according to one of the court documents.
The Sandy Hook victims’ families argue that the gun makers intentionally market their weapons, including military-grade guns like the AR-15 used in the Newtown massacre, to young men, some of whom may be inclined to violence. The Sandy Hook Elementary School shooting in December 2012 was the second most deadly in U.S. history.
A hearing has been scheduled for June 20 in the case.