The Atlanta Journal-Constitution

Georgia files brief in favor of gunmaker

Remington appealing decision allowing suit by Sandy Hook victims.

- By Maya T. Prabhu maya.prabhu@ajc.com

Georgia joined nine states this week that filed briefs with the U.S. Supreme Court opposing a Connecticu­t court decision allowing the parents of victims in the 2012 Sandy Hook school shooting to sue the gun manufactur­er.

Remington Arms Co. is appealing a March decision from the Connecticu­t Supreme Court that ruled the company can be sued over its marketing practices under a state law, despite protection­s offered to gun manufactur­ers by federal law.

Georgia is or will soon be home to a handful of gun manufactur­ers, including Taurus USA, which is opening in Bainbridge this fall.

Georgia Attorney General Chris Carr joined the attorneys general from Alabama, Arkansas, Louisiana, Oklahoma, South Dakota, Texas, Utah and West Virginia, and the governor of Mississipp­i in supporting Remington in its appeal. The National Rifle Associatio­n and several Republican congressme­n also filed briefs supporting Remington.

Katie Byrd, a spokeswoma­n for Carr’s office, said the states are asking the court to clearly define when state laws can supersede

federal laws.

“Our coalition of states is asking the court to clarify the boundaries of federal pre-emption to give states guidance as they work to combat gun violence consistent with constituti­onal protection­s,” Byrd said.

Georgia Democrats, who have tried unsuccessf­ully for years to pass laws that limit access to guns, decried the state’s involvemen­t in the case.

“Instead of taking action to enact common sense gun safety laws, our state prefers to file briefs in support of gun manufactur­ers in an out-of-state case emanating from the shooting of elementary school children in Sandy Hook,” state House Dem- ocratic Leader Bob Tram- mell, D-Luthersvil­le, said on Twitter.

In the brief, the states argue that the Connecti- cut court’s decision under- mines the Protection of Lawful Commerce in Arms Act, which protects gun manufactur­ers from liability when their weapons are used for violence.

Remington, which made the Bushmaster AR-15-style rifle that a gunman used in 2012 to kill 20 children and six teachers at Sandy Hook Elementary School in Newtown, Conn., is asking the U.S. Supreme Court to rule that federal law shields it from liability.

A survivor and relatives of nine victims in the shooting filed a wrongful death lawsuit against Remington in 2015.

“In forcing (Remington) to defend against claims flowing from a deranged killer’s mass murder, the Connecticu­t Supreme Court has foisted onto the firearms industry a burden that Congress explicitly sought to eliminate,” the states wrote in the brief.

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