Unless you've been living under a rock, you've undoubtedly heard about Remington Arms getting sued by families of the Sandy Hook Victims. In fact, I've written at length about it just this year in this article. In that article I discuss the lengths to which a company will go in its marketing to sell a product based on an illusion.
That illusion often sells the poor sap who spends money on the product the illusion that he or she will become something special like a football player, or a model, or irresistible to members of the opposite sex.
I made the argument that Remington was just trying to sell products as any other company does. There was no ill-intent there. They weren't trying to break any laws, just feed the families they employ.
Remington appealed the Supreme Court about a lower court's decision to allow the Sandy Hook families to sue them, and many of us thought that this would get struck down. I have to admit that I was among those who thought it would.
I was wrong.
The Supreme Court will not hear Remington's appeal and will have to move forward in the lower Connecticut court, which is really not a good thing. This will open up the doors for companies of all types to get sued for the way said company marketed something.
Previously, a gun company would have been protected under the Lawful Commerce in Arms Act, which makes sense. After all, a manufacturer of anything has absolutely zero control over how a customer will use their products.
So, I promised you a way forward for Remington, and I'm not about to bow out of the conversation early. The way forward for them is to rely heavily on the Second Amendment and its original interpretation.
The families of the victims are going after Remington based on how they marketed their Bushmaster AR-15s, with them being marketed as such:
Consider your man card reissued.
Forces of opposition, bow down. You are single-handedly outnumbered.
Several of the sources I read before deciding to write this article said something like this: … had been illegally marketed by the company to civilians as a combat weapon for waging war and killing human beings. They then point out that Connecticut's consumer protection law forbids advertising that promotes violent, criminal behavior.
Remington never set out to market violence to people. No company in their right mind will market criminal behavior to people. That's not what we law abiding gun owners and companies have in mind when we do anything.
That would be suicide for anyone or any company who did market their products in that way.
Again, we've already covered the marketing aspect of this and why companies do marketing the way they do. They all do this to some degree, whether it's a car speeding through the mountains, or the coolest man on earth drinking a beer — it doesn't matter. That linked to article above shows more examples if you don't believe me.
The way forward for Remington and Bushmaster is the Second Amendment as it was originally intended to be interpreted.
It was originally meant for any and all people (mostly men of fighting age) to be armed for the security of our nation.
The Second Amendment reads:
The experts may disagree with me on this one, but I think going with any other direction will have Remington's booty handed back to them on a silver platter. More than one entity wants to make an example out of them as a company, and it doesn't seem like anything else matters but that example, at this point.
However, I believe it will be very difficult for any court to argue against the right of the people as outlined in the Constitution. To say that they were marketing towards militia aged men just makes sense. Then again, it may open up a different can of worms, for the future.
I don't see another way forward for Remington, but I'm not a lawyer either. I can say, however, that they were hoping that the Supreme Court would hear their appeal with a couple more seemingly pro-gun justices sitting there.
The simple fact that they didn't hear the appeal concerns me, but that can be a topic for a different day.
Leave your thoughts on this in the comments below.