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Judi Lynn

(160,545 posts) Mon Feb 4, 2019, 04:23 PM Feb 2019

Texas judge lets church shooting victims sue gun retailer

Source: Associated Press

Updated 1:58 pm CST, Monday, February 4, 2019

SAN ANTONIO (AP) — A judge has ruled that victims of a mass shooting at a Texas church can move forward with a lawsuit against a sporting goods chain where the gunman bought the weapon and ammunition used in the massacre.

The decision Monday by state District Judge Karen Pozza in San Antonio clears the way for families of the 2017 Sutherland Springs shooting to potentially bring their case against Academy Sport & Outdoors before a jury.

The retailer is where gunman Devin Kelley bought an assault-style rifle used in the church shooting that killed more than two dozen people.

Some families have also separately sued the U.S. Air Force over failing to report Kelley's past crimes to a federal database. Kelley wan an Air Force veteran who was discharged in 2014 for bad conduct .

Read more: https://www.chron.com/news/texas/article/Texas-judge-lets-church-shooting-victims-sue-gun-13587683.php

(Short article, no more at link.)

7 replies

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Highlight:

Texas judge lets church shooting victims sue gun retailer (Original Post) Judi Lynn Feb 2019 OP

This will be fun to watch Gothmog Feb 2019 #1

I like seeing the LCFA challenged Recursion Feb 2019 #2

Seems to be about the possibly illegal sale of the magazine. ManiacJoe Feb 2019 #3

Did he buy the magazines in Texas? NickB79 Feb 2019 #4

Whoever is bringing suit should prepare for a countersuit JustABozoOnThisBus Feb 2019 #5

K&R ck4829 Feb 2019 #6

Here comes the nar.... Maxheader Feb 2019 #7

Gothmog

(145,321 posts)

1. This will be fun to watch

Reply to Judi Lynn (Original post)

Mon Feb 4, 2019, 04:25 PM

Feb 2019

Recursion

(56,582 posts)

2. I like seeing the LCFA challenged

Reply to Judi Lynn (Original post)

Mon Feb 4, 2019, 04:27 PM

Feb 2019

Here's hoping

ManiacJoe

(10,136 posts)

3. Seems to be about the possibly illegal sale of the magazine.

Reply to Judi Lynn (Original post)

Mon Feb 4, 2019, 04:37 PM

Feb 2019

https://www.sacurrent.com/the-daily/archives/2019/02/04/san-antonio-judge-clears-the-way-for-lawsuit-against-academy-sports-over-sutherland-springs-shooting

NickB79

(19,253 posts)

4. Did he buy the magazines in Texas?

Reply to ManiacJoe (Reply #3)

Mon Feb 4, 2019, 06:21 PM

Feb 2019

The article says the magazine was illegal in his home state of Colorado, but doesn't specify which state he bought the magazine in. I would assume Texas, since magazines holding more than 15 rounds are illegal to sell in Colorado.

Since firearm magazines have neither serial numbers or a requirement for a background check or even age check requiring an ID verification to purchase, the retailer could argue they had no reasonable expectation to know he was prohibited from purchasing them.

This will be interesting.

JustABozoOnThisBus

(23,350 posts)

5. Whoever is bringing suit should prepare for a countersuit

Reply to ManiacJoe (Reply #3)

Mon Feb 4, 2019, 07:23 PM

Feb 2019

The gun and magazine are legal in Texas, where the purchase was done. I doubt a Texas store needs to know about Colorado laws, just as a Colorado pot store probably doesn't need to know about Texas pot laws.

If laws were followed, the suit won't go far, except to annoy. Hence the countersuit.

ck4829

(35,077 posts)

6. K&R

Reply to Judi Lynn (Original post)

Tue Feb 5, 2019, 02:25 PM

Feb 2019

Maxheader

(4,373 posts)

7. Here comes the nar....

Reply to Judi Lynn (Original post)

Tue Feb 5, 2019, 02:55 PM

Feb 2019

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