# Sandy Hook parents use state law to bring down Remington; circumvent federal gun shield **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [February 16, 2022, 1:29am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569 "2022-02-16T01:29:28Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Bootb](https://avatars.discourse-cdn.com/v4/letter/b/e19b73/32.png) [@Bootb](https://boards.straightdope.com/u/Bootb)\ **Post date:** [February 17, 2022, 12:56am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/21 "2022-02-17T00:56:48Z")
> [@Riemann](#): > > When your product is designed for the _sole purpose_ of killing quickly and easily, doesn’t that imply a unique duty of responsibility in how you market and sell the product? That very well may be, but guns do not fit that description. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 17, 2022, 2:55am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/22 "2022-02-17T02:55:43Z")
> [@Bootb](#): > > guns do not fit that description Well, I must admit I’m not sure what gun fetishists do with them in the bedroom. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [February 17, 2022, 5:28am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/23 "2022-02-17T05:28:58Z")
And people get mad at us for saying that judges are judicial activists. There is a law that says you cannot sue gunmakers yet a judge rules that you can. Don’t the people rule in a democracy? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [February 17, 2022, 5:35am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/24 "2022-02-17T05:35:09Z")
> [@Riemann](#): > > But it’s far _worse_ than those analogies, given the devastating consequences of misuse of their product. What ads ask for misuse of the product? And how can the sale of something that is a constitutional right be actionable? I’m serious, show me the ad that tells me to shoot up a school with the product. There isn’t one. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [February 17, 2022, 5:43am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/25 "2022-02-17T05:43:34Z")
But it isn’t and if it is, they are crappy at doing so as only a minuscule % ever do so. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 17, 2022, 5:50am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/26 "2022-02-17T05:50:37Z")
Only a miniscule % of nuclear weapons have ever been detonated. Does that imply that they are designed for some purpose other than blowing stuff up, or that they are “crappy at doing so”? The mental contortions are quite astonishing if you won’t even concede that the designed purpose of guns is to kill efficiently. ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [February 17, 2022, 8:00am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/27 "2022-02-17T08:00:31Z")
> [@Crafter\_Man](#): > > If a Remington firearm is used to murder someone, then the firearm is obviously being misused. No, it’s being used for its _intended_ purpose of driving bits of metal at high speed into things. If it’s used to punt baseballs at batting practice, _then_ it’s being misused. Does Remington have a “not intended for use on humans” disclaimer? I doubt it. _Illegal_ use is not _mis_use. ---
**Author:** ![Asuka](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@Asuka](https://boards.straightdope.com/u/Asuka)\ **Post date:** [February 17, 2022, 10:00am UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/28 "2022-02-17T10:00:09Z")
[Actually there is.](https://en.m.wikipedia.org/wiki/Project_Plowshare) I hope you don’t suddenly decide to call the cops on me like other users when I prove them wrong. ---
**Author:** ![Toxylon](https://avatars.discourse-cdn.com/v4/letter/t/f05b48/32.png) [@Toxylon](https://boards.straightdope.com/u/Toxylon)\ **Post date:** [February 17, 2022, 12:21pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/29 "2022-02-17T12:21:26Z")
> [@Bootb](#): > > That very well may be, but guns do not fit that description. Yes, yes, guns are used today also to punch paper and clay and whatnot. But target shooting would have never come into existence had firearms designed for the sole purpose of killing quickly and easily not been invented and widely adopted, for killing quickly and easily. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 17, 2022, 12:34pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/30 "2022-02-17T12:34:05Z")
> [@UltraVires](#): > > And people get mad at us for saying that judges are judicial activists. There is a law that says you cannot sue gunmakers yet a judge rules that you can. Don’t the people rule in a democracy? As I understand it from the news story, the federal law doesn’t bar actions under state consumer protection laws. That’s what they sued under: state consumer protection law. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 17, 2022, 1:16pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/31 "2022-02-17T13:16:01Z")
Right. The 2005 law has some exemptions, and Remington’s advertising falls within one of those. ---
**Author:** ![ArtBeforeScience](https://avatars.discourse-cdn.com/v4/letter/a/73ab20/32.png) [@ArtBeforeScience](https://boards.straightdope.com/u/ArtBeforeScience)\ **Post date:** [February 17, 2022, 1:57pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/32 "2022-02-17T13:57:26Z")
You have to read publications like Guns & Ammo or some of the hunting ones. You’ll see ads focused on home and self defense, and also a lot of ads for male pheromones to make the male readers irresistible to women. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 17, 2022, 3:02pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/33 "2022-02-17T15:02:28Z")
> [@Asuka](#): > > I hope you don’t suddenly decide to call the cops on me like other users when I prove them wrong. Project Plowshare was not using nuclear weapons as paperweights. The great majority of it was using them for exactly what I said was their designed purpose: > [@Riemann](#): > > blowing stuff up Even the parts that (arguably) were not, were exploiting indirect effects deriving from massive explosions. If you want to call that a gotcha that some purposes of a failed project that ended in 1977 were not the _direct_ purpose of blowing stuff up, okay. I have already conceded that a gun could be used as a sex toy. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 17, 2022, 3:04pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/34 "2022-02-17T15:04:29Z")
> [@UltraVires](#): > > There is a law that says you cannot sue gunmakers yet a judge rules that you can. Don’t the people rule in a democracy? The law, while broad, is not absolute. And, as you know, if a judge gets it wrong, the aggrieved party can appeal. This case was resolved by an agreement of the parties, not by a judge. I assume you don’t have any objection to private parties entering into a legal contract? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 17, 2022, 3:07pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/35 "2022-02-17T15:07:14Z")
Note that this case proceeded after the state Supreme Court and the SCOTUS allowed it to proceed, so I doubt it would have been reversed on appeal. So I hope this is the first of many lawsuits against the gun industry on similar grounds. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 17, 2022, 3:10pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/36 "2022-02-17T15:10:58Z")
> [@Dewey\_Finn](#): > > So I hope this is the first of many lawsuits against the gun industry on similar grounds. There’s an interesting one in Las Vegas related to the MGM shooting based on the machine gun exception to the law. (“easily modified to automatic” language) The Nevada Supreme Court threw it out, but a motion for reconsideration is pending. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 17, 2022, 3:16pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/37 "2022-02-17T15:16:35Z")
Many states have laws similar to the [Connecticut Unfair Trade Practices Act](https://portal.ct.gov/DCP/Trade-Practices-Division/About-the-Connecticut-Unfair-Trade-Practices-Act-CUTPA), which is the law that allowed this case to proceed. The documents that Remington is releasing may help others in similar suits. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 17, 2022, 3:18pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/38 "2022-02-17T15:18:34Z")
> [@Dewey\_Finn](#): > > The documents that Remington is releasing may help others in similar suits. The trick will be to find insurance that isn’t exhausted. Remmington is bankrupt I think ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 17, 2022, 3:22pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/39 "2022-02-17T15:22:49Z")
They’re not really bankrupt until they’re out of business entirely. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 17, 2022, 3:30pm UTC](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569/40 "2022-02-17T15:30:34Z")
> [@Dewey\_Finn](#): > > They’re not really bankrupt until they’re out of business entirely . All cases against them would be stayed in they filed in bankruptcy court. You can ask the bankruptcy court for permission to proceed solely against insurance and not company assets (and presumably that’s what happened here) [Previous page](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569.md?page=1) [Next page](https://boards.straightdope.com/t/sandy-hook-parents-use-state-law-to-bring-down-remington-circumvent-federal-gun-shield/959569.md?page=3)