A judge today will begin to consider whether a gun maker should face trial over the Sandy Hook school shooting.

THIS-MORNING-08

MORNING-08

trial over the Sandy Hook school shooting.>

rifle used in the massacre where twenty-six students and educators died.>

A judge today will begin to consider whether a gun maker should face trial over the Sandy Hook school shooting. A lawsuit blames the manufacturer, distributor, and seller of the rifle used in the massacre where twenty-six students and educators died. Michelle Miller spoke with one victim`s family and is outside Bridgeport Superior Court in Connecticut. That`s southeast of Newtown. Michelle, good morning.

MICHELLE MILLER (CBS News Correspondent): Good morning. Since this case was filed last October, gun makers have tried everything they could to get it thrown out of court. They get one more chance today when both sides present their cases.

(Begin VT)

JACKIE BARDEN: This is what we need to do to make sure this stops. Daniel deserved to live a full life.

MICHELLE MILLER: Mark and Jackie Barden`s son, Daniel, was just a seven- year-old first-grader when he was murdered at Sandy Hook Elementary. Now, the Barden family and nine other Newtown plaintiffs are fighting to sue Remington Arms, the maker of the Bushmaster AR-15-style rifle used in the attack, along with the gun`s distributor and seller.

MARK BARDEN: Assault weapons with high-capacity magazines have no practical application in the hands of untrained civilians.

MICHELLE MILLER: The lawsuit claims Remington knowingly exploited the rifle`s militaristic and destructive nature in ads geared towards civilians.

The argument might be that this is the best way for us to market our product.

MARK BARDEN: But it`s irresponsible when people are dying, and it`s targeted at these, you know, these disenfranchised, violence-prone young men.

MICHELLE MILLER: But Remington insists a 2005 federal law protects the firearms industry against most claims when guns are misused. In a recent motion to dismiss the lawsuit, lawyers for the company said the law makes it "...immune from the claim that it acted unlawfully..."

HEIDI LI FELDMAN (Georgetown University Law Professor): They do not want to see the doors open to litigation when there are mass killings, or any killings, with their product.

MICHELLE MILLER: The AR-15 is one of the most popular weapons in the U.S., with several different manufacturers` versions on the market. But the rifle has also turned up in the hands of other mass shooters in Aurora and San Bernadino.

Last week the Bardens learned that a similar assault rifle made by a different company--a Sig Sauer MCX rifle had been used in another rampage-- this time at a nightclub in Orlando.

JACKIE BARDEN: It`s not you`re at the wrong place at the wrong time. It`s you`re doing what you`re supposed to be doing, and, you know, losing your life.

(End VT)

MICHELLE MILLER: Remington and the other defendants in this case did not return our phone calls for comment. We should note that the judge could take several months before she makes a decision. Josh.

JOSH ELLIOTT: Michelle, thank you.

The murder of a young Japanese woman sparks massive new protests against U.S. troops in Okinawa. Ahead, Adriana Diaz talks to the commander of Marine Forces in Japan to discuss what he is doing to calm the demonstrators.

And if you are heading out the door, that`s a bad decision. However, you can still watch us live through the CBS All-Access app on your digital device. Then you won`t miss best-selling author Elin Hilderbrand. She`ll be in studio 57. A whole lot still to get to and we`ll do it when we`re back.

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JOSH ELLIOTT: And welcome back. The U.S. military in Japan now faces new protests after the murder of a young Japanese woman. An American Marine veteran is accused of the crime. Tens of thousands of Japanese rallied yesterday on the island of Okinawa. They are calling for the removal or reduction of the military bases there. Nearly three-quarter of all American military facilities in Japan are located on Okinawa. Adriana Diaz is on the strategically important island for us. Adriana, good morning.

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