Posted on 03/04/2019 10:24:21 AM PST by rktman
"Academy violated existing firearms laws when one of its San Antonio stores illegally sold the mass shooter the High Capacity Ruger AR-556 semi-automatic rifle that was used in the shooting," the lawsuit reads.
The plaintiffs argue that because the gunman lived in Colorado at the time, and the state adopted a ban on "high capacity assault rifles," Academy Sports should have denied the sale.
"At the time the mass shooter illegally purchased the High Capacity Ruger AR-556 model 8500 at Academy in Texas, he reported a Colorado Springs, Colorado address on his Firearms Transaction Record, Form 4473. He presented Defendant Academy with a state-issued ID that reflected a matching state residence. This fact alone legally disqualified the mass shooter from purchasing the Ruger AR-556 model 8500 firearm," the lawsuit says.
(Excerpt) Read more at townhall.com ...
This is a frivolous lawsuit which probably wouldn't have been filed if the plaintiff's lawyers were required to pay Academy's legal fees, in the event the plaintiff loses. Or should I say when the plaintiff loses.
Yup. If the material was never submitted that would have prevented the purchase and he lied on the 4473, how is that the stores fault?
Academy doesn’t know if the buyer doesn’t have a second house in Texas (where the gun could be kept/stored). The buyer broke the stupid law when he transported it to Colorado.
Out of state purchase is only legal if the firearm is legal in the state where you live. Also, private interstate transactions are always prohibited.
I think he had lunch at McDonald’s too. Don’t forget them.
How about the store that sold him his pants? Guy would’nt’ve shown up pantless.
The pastor carries a gun, so I don’t think that this is the church’s doing.
https://religionnews.com/2018/02/23/prayer-packing-pastor-churchs-response-mass-shooting/
“CO does not prohibit “high capacity assault rifles” but they do limit new magazines to 15 rounds. It was not illegal for the guy to make the purchase (AF screw up not withstanding)but it would violate CO law if he brought a 30 round mag back to the state. “
Oh, and FYI, I most certainly DID violate NJ law, because I brought home all of the mags. They were for “just in case,” and I never brought them to a NJ range. I got married in 1999, and left NJ about 1 1/2 years later for Texas. On the way out, as soon as we crossed the border to Delaware, I casually said to my wife, “Well, now you don’t have to worry about bailing me out of jail.” She got a case of the pie-eyes and asked me why...so I explained the law to her. Then she asked me how many mags I had, to which I responded, “Sitting about 18 inches behind my rear end is roughly 200 years’ worth in Rahway State Prison.” She turned white and very uncharacteristically silent for about 30 seconds, and then asked me if Texas had laws like that. “No, babe, Texas is in America.”
LOL
Well, CO is heading the wrong way and I’m not sure we can fix it.
No, as a dealer you may sell a long gun to an out of state person, as long as that person is eligible to buy it back home.
But someone from California cannot walk in and drop a California license and buy a rifle they would be prohibited from owning in California.
That’s a well known rule, and the store will take it in the shorts on that.
The Government’s failure was not having his violent felony records from the USAF (where he strangled his wife) available for instant check. Also the USAF did not push the proper legal remedies when he showed up at Cannon AFB to kill his senior officer and then some instances of extreme animal cruelty were not documented and pursued.
The bottom line, he should have been in prison anyway.
“In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]”
You may not sell to someone from out of state unless it is legal for them to buy it in their home state. But the rifles are not banned in Colorado, only the mags are. They could have sold it to him with no mags.
But someone from California cannot come in and buy one.
Legal ONLY IF you may legally buy the same rifle at home.
Otherwise, no.
“Academy doesn’t know if the buyer doesn’t have a second house in Texas (where the gun could be kept/stored”
Houses and property don’t matter. Only your official government issued ID does.
Oh, it was an honest mistake...
I’m sorry for the families but this lawsuit is ridiculous.
Lawyers gotta practice.....
Mini 14,
Sweet looking,
Crap for Accuracy.
“They could have sold it to him with no mags.”
A factory new rifle usually has a STANDARD capacity magazine in the box my guess is they probably sold him a magazine. They probably sold him a couple magazines. But to get around the protection of lawful commerce in arms act you have to prove they broke a law. Colorado doesn’t get to regulate sale of magazines outside their borders. I can go to Cheyenne and buy all the magazines and fireworks I want and no one has committed a crime until I bring them back to CO. If the rifle was illegal in CO it would be a different thing but claiming that selling the guy STANDARD capacity magazines turns the rifle itself into a high capacity prohibited weapon doesn’t have any basis. These lawyers are exposing their clients to a financial liability and they need to be disbarred.
If so, that responsibility falls squarely on the purchaser, retailers are under no obligation to know the law in all 50 states.
From what I see, the rifle he purchased is legal in Colorado. High capacity magazines are what is restricted, and you can go to any sporting goods store here and buy the magazines without any check, they are not a firearm. The suit sounds frivolous to me...
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