BRIDGEPORT --The Sandy Hook victims families have waited over three years for their day in court. Now, they will have to wait up to an additional 60 days to see if a lawsuit they have filed against a gun manufacturer will stick.
Lawyers for Bushmaster, the company that made the rifle used in the 2012 killings of 26 people at Sandy Hook Elementary School, are asking a judge to dismiss the wrongful death lawsuit by several of the victims families.
Ahead of Monday's hearing, some of those families spoke out about why they are pursuing this lawsuit. In all, nine families are involved, as well as one teacher who survied the attack.
The lawsuit claims that Bushmaster should not be selling an assault rifle to the public since the gun is meant for military-style killing.
Freedom Group, which is the parent company of AR-15 Bushmaster Firearms, is arguing that it is protected by a 2005 federal law that shields gun manufacturers from most lawsuits over criminal use of their products.
Lawyers for the families say there is an exception to the federal law that allows litigation against companies that know or should know that their weapons are likely to be used in a way that risks injury to others.
"These aren't weapons that are designed for home defense," said Koskoff. "These aren't weapons that are designed to hunt. They're designed to kill."
The lawsuit appears to be the first of its kind against a manufacturer to claim the exception.
The plaintiffs believe the owner of the manufacturer of the rifle, taunts prospective gun buyers with its marketing.
"You probably have seen their marketing like 'get your man card reissued,'" said Koskoff. "Buy one of these weapons. The message being what? If have don't have one of these weapons, you are not a man."
"For years, they knew cigarettes were killing you. And what's happened in the meantime? No advertising, warning labels, scientific studies," said Bill Sherlock, whose wife was killed in the massacre. "We can't even get the CDC to qualify ours as a public health menace."
Bridgeport Superior Court Judge Barbara Bellis said Monday she will decide within 60 days if this suit will be permitted to move forward.
The lawsuit was filed in January of 2015, but has been on hold while the gun manufacturers attempted unsuccessfully to move the case to federal court.
State police say 20-year-old Adam Lanza killed his victims on Dec. 14, 2012 using a model of the AR-15. Lanza killed his mother Nancy at their Newtown home before going on a shooting spree at the school. According to police, Nancy legally bought the rifle.
