SALT LAKE CITY, UT - JANUARY 15:  Brett Nielsen fires an Glock handgun at the "Get Some Guns & Ammo" shooting range on January 15, 2013 in Salt Lake City, Utah. Lawmakers are calling for tougher gun legislation after recent mass shootings at an Aurora, Colorado movie theater and at Sandy Hook Elementary School in Newtown, Connecticut. (Photo by George Frey/Getty Images)
George Frey/Getty Images
SALT LAKE CITY, UT - JANUARY 15: Brett Nielsen fires an Glock handgun at the "Get Some Guns & Ammo" shooting range on January 15, 2013 in Salt Lake City, Utah. Lawmakers are calling for tougher gun legislation after recent mass shootings at an Aurora, Colorado movie theater and at Sandy Hook Elementary School in Newtown, Connecticut. (Photo by George Frey/Getty Images)
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TINLEY PARK, IL - OCTOBER 18:  Pistols are offered for sale at Freddie Bear Sports on October 18, 2012 in Tinley Park, Illinois.  Facing a $267.5 million fiscal 2013 budget gap, Cook County, which includes the City of Chicago and suburbs, has proposed a tax of 5 cents per bullet and $25 on each firearm sold at gun and sporting goods stores in the county. Fred Lutger, who has owned Freddie Bear Sports for 35 years, is concerned with the impact the tax will have on his store which is located about 2 miles inside the Cook County line.  (Photo by Scott Olson/Getty Images)
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TINLEY PARK, IL - OCTOBER 18: Pistols are offered for sale at Freddie Bear Sports on October 18, 2012 in Tinley Park, Illinois. Facing a $267.5 million fiscal 2013 budget gap, Cook County, which includes the City of Chicago and suburbs, has proposed a tax of 5 cents per bullet and $25 on each firearm sold at gun and sporting goods stores in the county. Fred Lutger, who has owned Freddie Bear Sports for 35 years, is concerned with the impact the tax will have on his store which is located about 2 miles inside the Cook County line. (Photo by Scott Olson/Getty Images)
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Story highlights

The families of 26 people killed at Sandy Hook Elementary sued gunmaker Remington

The gun company has filed a motion to have the lawsuit dismissed

(CNN) —  

A judge said Monday she plans to decide within 60 days whether a lawsuit filed by families of 26 people killed at Sandy Hook Elementary School in Newtown, Connecticut, against a gun manufacturer can continue.

Superior Court Judge Barbara Bellis heard lawyers for Remington argue Monday that the federal Protection of Lawful Commerce in Arms Act grants gunmakers immunity from lawsuits related to injuries that result from criminal misuse of their product.

The lawsuit by the families argues that the way in which a company sells and markets a military-style weapon to the civilian market is a form of “negligent entrustment,” which is an exception to the immunity legislation.

If the judge rules in favor of the families, the case would move to a discovery, or fact-finding, phase, and one step closer to a possible trial.

“I’m going to hope that I can get the decision out in the 60 days,” Bellis told the lawyers.

Sandy Hook was the second-deadliest mass shooting in the United States, following the killing of 32 people at Virginia Tech on April 16, 2007.

On December 14, 2012, Adam Lanza fatally shot his mother and then drove to the school, where he used a Bushmaster AR-15 to shoot to death 20 children and six adults. Lanza, 20, killed himself as police approached.

Remington is the parent company of Bushmaster.

CNN’s Chris Welch and Deborah Feyerick contributed to this report.