Posted on 06/27/2021 9:25:43 AM PDT by E. Pluribus Unum
The Texas Supreme Court dismissed four lawsuits filed by survivors and the families of those killed during a 2017 mass shooting at a church in Sutherland Springs, ruling Friday that the retailer who sold the rifle conducted the required background check on a dishonorably discharged Air Force member who later used it to gun down 26 people.
Academy Sports + Outdoors cannot be sued in connection to the 2017 mass shooting under the federal Protection Lawful Commerce in Arms Act, which Congress passed in 2005 to protect firearm retailers and manufacturers from certain lawsuits seeking damages arising out of the criminal conduct of third parties, according to the opinion delivered Friday by Justice Debra H. Lehrmann.
On Nov. 5, 2017, Devin Kelley entered First Baptist Church in Sutherland Springs wielding a Model 8500 Ruger AR-556 semi-automatic rifle fitted with a detachable 30-round magazine. He killed 26 people and injured 20 more, according to the Texas Supreme Court ruling.
(Excerpt) Read more at foxnews.com ...
A background check is not required to purchase magazines.
Thanks for playing!
—added “banglist” as keyword—
/sarc
Can a car dealership be sued because of road rage?
Anybody can be sued because of anything until we reign in the trial lawyers with “loser pays.”
You’re correct that a background check to purchase magazines in Colorado isn’t needed (the portion of the article you quoted doesn’t say it is), but that doesn’t change the fact that Colorado’s gun laws have prohibited the sale of magazines with a capacity of more than 15 rounds since 7/1/13.
Church membership doesnt make you a Christian, no more than walking into a hospital makes you part of the staff.
IOW.. Vengence is MINE saith the Lord. God fearing Christians don't sue.
How do they know the 30 rnd mags were purchased in CO? I doubt they were. At least not after 2013.
"Colorado’s gun laws have prohibited the sale of magazines with a capacity of more than 15 rounds" only within the State of Colorado. And IIRC, those same laws nowhere suggest that Colorado residents are prohibited from purchasing those magazines elsewhere - only that said magazines may not be imported into the State (except possibly by FFLs, law enforcement agencies, etc.).
Asking a Texas business to not sell mags to a Colorado resident would be equivalent to asking a Colorado business to not sell dope to a drug tourist from Texas...
The gun was purchased from an Academy Sports store in San Antonio TX, and was a packaged product with the rifle and included a 30 round magazine. So it was legal in Texas.
The suit tried to pin it on Academy because the shooter provided a Colorado ID and a Colorado address, therefore Academy should have followed the laws of Colorado in whether the purchase was legal, not Texas law.
Since the shooter had a domestic violence conviction in a cort-martial when he was in the Air Force that wasn’t reported to the FBI to put in the firearms database, and the shooter lied about having such conviction on the ATF form.
Any error Academy may have made in the sale (and personally I don’t think they did) is far down on the list of the screw-ups that allowed this shooting to happen. He could have just as easily had 2 magazines with 15 rounds and did the same damage; doesn’t take that long to switch out an empty magazine.
I see. Thanks.
A ridiculous argument.
>>Anybody can be sued because of anything until we reign in the trial lawyers with “loser pays.”<<
What is really needed is loser pays, PLUS the client AND LAWYER being liable for the bill.
Apparently he had more than one magazine, anyway...
https://thegrio.com/2017/11/09/texas-church-shooting-video/
What exactly was this guy’s reason for attacking a church?
I’M suing my fork manufacturer because he made me fat./s
This may be the reason:
“Later on, he stopped volunteering at the summer Bible class and began posting about atheism online.[52] According to some of his former high school classmates, he was constantly “trying to preach his atheism” and describing people who believe in God as “stupid”, causing them to delete him as a friend on Facebook for his posts.[53][52][54]”
https://en.wikipedia.org/wiki/Sutherland_Springs_church_shooting#Personal_life
It bears mention that the man who killed the Sutherland Springs mass murderer did so using his own AR-15.
Wyoming, Kansas, Utah and New Mexico are not that far away to purchase magazines. My local farm and ranch store (Atwoods)had a large tub of brand new 30 rd AR-15 magazines, cheap!
He purchased the magazines in Texas, not Colorado, perfesser.
End of story.
This may be the reason:
“Later on, he stopped volunteering at the summer Bible class and began posting about atheism online.[52] According to some of his former high school classmates, he was constantly “trying to preach his atheism” and describing people who believe in God as “stupid”, causing them to delete him as a friend on Facebook for his posts.[53][52][54]”
https://en.wikipedia.org/wiki/Sutherland_Springs_church_shooting#Personal_life
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