South Carolina Ping 
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Posted on 08/05/2019 10:40:08 AM PDT by buckalfa
A Spartanburg County judge declined to dismiss a lawsuit this week against Academy Sports and the man who supplied guns to serial killer Todd Kohlhepp.
Judge Mark Hayes denied a motion to dismiss filed by attorneys representing Academy Ltd., in July. Cindy Coxie, the mother of Johnny Coxie, filed the suit in December 2018, alleging that the store “failed to live up to its duties,” required by federal firearms laws in selling guns to Dustan Lawson.
Lawson, who provided Kohlhepp with multiple firearms, was sentenced to more than seven years in federal prison in September 2018, after pleading guilty earlier that year to 36 federal firearms charges stemming from indictments handed down in 2017.
Prosecutors accused Lawson of buying firearms and suppressors from several area stores beginning in 2012 to supply them to Kohlhepp.
Kohlhepp, who was convicted of kidnapping a girl when he was 15 years old in Arizona, was a felon at the time of the sales and could not legally possess firearms. Kohlhepp is currently serving seven life sentences plus 60 years in prison for killing seven people in Spartanburg County, including Johnny Coxie in 2015. Cindy Coxie’s suit alleges that the store should have known Lawson was purchasing the guns for someone else, based on factors like his inexperience and cash purchases. Academy argued, in part, that the suit should be dismissed based on federal protections and the fact that Lawson lied to the store when he purchased the weapons. “The complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action,” according to Haye’s order. “A judgment on the pleadings against the plaintiff is not proper where there is an issue of fact raised by the complaint, which if resolved in favor of the plaintiff, would entitle him to judgment.”
Hayes wrote that after reviewing Coxie’s 28-page complaint, “and after considering the written and oral arguments presented by counsel, the (motion to dismiss) cannot be granted.”
If he passed a nics check it’s not on academy.
I think the demur is a hypertechnicality but legally valid.
There is a evidenciary fact of whether the accused lied when he obtained the weapon. If he lied then summary judgment and we are outta here.
Judge is allowing Lawfare against Academy to proceed. This is a failure of the Federal NICS. Reprehensible action by the judge.
this has already gone through the courts, this just a Democrat trying to get his name in the press. I hate this sort of crap.
I bought two firearms at Academy this weekend. After I filled out the ATF form a manager, not the clerk I was dealing with, had to review the form. Then of course clearance was obtained. Academy is not going to sell a gun without going through the process, no way, no how. In fact, I was delayed checking out because the serial numbers on the guns had not been entered into their system yet. When I tried to check out the system would not ring up the sale until someone (I assume in the gun department) entered the serial numbers into the system. The point is they have checks and balances to ensure no gun is sold without the proper process.
PLCA doesn’t have an exception for “should have known” only for “broke the law”. This is an illegal lawsuit, it should be immediately dismissed, Academy should be awarded legal fees, and the lawyer presenting it should be reported to the bar.
This is outrageous! 36 federal firearms charges plea bargained down to 7 years.
IMHO, this bozo (apologies to clowns) should be doing life, with possibility of parole after 25 years.
If Academy Sports followed the law, then they will be acquitted at trial.
Tyranny. The process involves the buyer swearing on their ATF form that they are buying for themselves and that they are eligible. The signature is under penalty of perjury.
The store is not allowed to pursue an actual background check any further (assuming NICS comes back clean).
“I wouldn’t have done it” cannot be a legal standard.
Yep.
That's a complete bull$#!+ argument. Suit should be dismissed with prejudice.
I have “adopted family” in Spartanburg County & believe that it won’t take long for the local jury to find for the defendants, IF it ever actually comes to trial.
SC folks aren’t too friendly to such FOOLISHNESS.
Yours, TMN78247
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Buying guns with cash is a red flag? I always buy anything firearm related with cash.
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