Gunmaker Remington can be sued over how it marketed the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012, a divided Connecticut Supreme Court ruled Thursday.

Justices issued a 4-3 decision that reinstated a wrongful death lawsuit and overturned a lower court ruling that the lawsuit was prohibited by a 2005 federal law that shields gun manufacturers from liability in most cases when their products are used in crimes…

“The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers,” Justice Richard Palmer wrote for the majority.