Ten Newtown families suing the maker of the Bushmaster AR-15 assault rifle used in the slaughter of their loved ones at Sandy Hook Elementary School scored a legal triumph Thursday when a judge refused to dismiss their wrongful-death case.
The massacre left 26 children and teachers dead.
The 18-page ruling from Connecticut Judge Barbara Bellis was hailed by gun control groups and White House hopeful Hillary Clinton — although the triumph could prove temporary.
“Today’s ruling in Connecticut is an important step forward for these families, who are bravely fighting to hold irresponsible gunmakers accountable for their actions,” Clinton said in a statement.
“They deserve their day in court. Period.”
The decision preceded a key Tuesday status conference in the suit filed after the December 2012 massacre of 26 people at Sandy Hook.
Bellis declined to toss out the suit as asked by the defendants under the federal Protection of Lawful Commerce in Arms Act, or PLCAA.
The 2005 law protects gun manufacturers from most lawsuits stemming from illegal use of their products.
“Judge only dismissed one part, we will find out Tuesday whether PLCAA bars the case or not,” tweeted Jillian Soto, whose heroic sister Vicki died protecting her first-grade students.
“But we are hopeful!”
The judge’s narrow ruling on jurisdiction does not prevent the defendants, including the Remington Arms Co., from invoking the law to beat the lawsuit further down the road.
But the victory over the manufacturer was cause for celebration among the plaintiffs — the families of nine students and one teacher killed in the attack, along with one teacher who escaped alive.