Blumenthal, Murphy look to close gun suit loophole

WASHINGTON — Connecticut Sens. Richard Blumenthal and Chris Murphy are leading an uphill battle on Capitol Hill to repeal the 2005 law that gave gun manufacturers virtually total protection from liability lawsuits similar to the one pursued by the 10 families of Sandy Hook Elementary School shooting victims.

“We cannot keep giving the gun industry license to kill,” Murphy said at a news conference called Tuesday to unveil the repeal measure. “It’s time to let the gun lobby know that they no longer own Congress the way they used to, and they won’t be held to a special standard any longer.”

The law in question, the 2005 Protection of Lawful Commerce in Arms Act, effectively insulated gun manufacturers from legal action comparable to the successful litigation against tobacco companies in the 1990s on behalf of smokers fallen ill.

Supported by the National Rifle Association and the Newtown-based National Shooting Sports Foundation, the law is the basis for Remington Arms Inc.’s defense against the Newtown parent group. Their argument is that as providers of a legal product, they cannot be held liable for the misuse of an AR-15 semi-automatic rifle produced by one of their subsidiaries, Bushmaster Firearms International.

But last March the Newtown group, representing the 20 children and six adult staff members who lost their lives in a horrific rampage involving a Bushmaster, scored an upset victory in the Connecticut Supreme Court.

The court ruled that even though the 2005 law preempts most lawsuits, there is enough wiggle room in its exceptions for the families to move forward against Remington on the basis of alleged militaristic-style advertising and marketing.

One Bushmaster slogan: “Consider your man card reissued.” Another one: ““Forces of opposition, bow down. You are single handedly outnumbered.”

The Connecticut decision simply allows the families to bypass the 2005 law and go

to court. Remington has said it would appeal the ruling to the U.S. Supreme Court.

“All families and survivors directly impacted by the heartbreaking gun violence epidemic in our nation deserve to have their day in court to seek justice,” said Po Murray, chairwoman of the Newtown Action Alliance.

The Connecticut Supreme Court ruling was an exception to the trend of courts turning down victims or survivors challenging gun manufacturers. The Giffords Law Center, which tracks gun-related litigation, noted seven cases in which judges ruled the 2005 law supersedes damage claims under state law.

The Blumenthal-Murphy bill, the Equal Access to Justice for Victims of Gun Violence Act, would repeal the 2005 law passed by a Republican Congress and “allow civil cases to go forward against irresponsible actors in state and federal courts, just as they would if they involved any other product,” the lawmakers said.

“Our simple measure will give victims of gun violence their day in court and unlock the doors to justice — repealing the sweetheart deal that Congress granted to the gun lobby,” Blumenthal said.

It would also end the prohibition against public use of gun-trace data gathered by the Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF’s ability to trace guns used in crimes to original purchases was helpful to litigators seeking to pinpoint manufacturers or retailers.