Sutherland Springs Church Massacre Victims Can Sue Store Where Shooter Bought Gun

BY Herschel Smith
5 years, 9 months ago

NY Daily News:

The Texas gun store that sold the assault rifle used in the 2017 Sutherland Springs church massacre lost its bid Monday to have a lawsuit over the sale dismissed.

Bexar County District Court Judge Karen Pozza issued a ruling saying survivors and relatives who lost loved ones in the mass shooting can move ahead with their suit against the dealer, Academy Sports + Outdoors.

Well then.  By that same logic, I fully expect we’ll see victims of automobile accidents suing Ford and Dodge very soon, right?  Shouldn’t we expect to see that?


Comments

  1. On February 6, 2019 at 10:15 pm, Mike said:

    Good Lord! Ugh!!! Academy is a good place to buy guns/ammo in Texas: “Academy will beat the price of a competitor by 5%”

    Will Academy Sports + Outdoors match the price of a competitor?

    If you find a lower price somewhere else on an identical, in-stock merchandise item advertised in print by any local retailer or online by any select online retailer, show us the ad while it remains valid and we will beat it by 5%. We will also match academy.com pricing for in store purchases and in-store pricing for Academy.com purchases. You must present a verifiable copy of the advertised price, either by presenting the entire printed ad or a digital version on a mobile device if in store, or if purchasing on Academy.com, you may present by email, fax or mail. Price must be valid at the time of purchase. We reserve the right to verify the price and availability of identical items and the right to limit quantities to one-per-customer, per day, per item. We will not issue rain checks. We reserve the right to not match misprinted ad prices, clearance, closeout/“going out of business” prices, Buy One Get One Free, special promotions, rebates, coupons, prices that require a club membership, or limited quantity offers. Select online retailers are: Amazon, Bass Pro Shops, Cabela’s, Carter’s Country, Champs Sporting Goods, Dicks Sporting Goods, Eastbay, Fanatics, Gander Mountain / Gander Outdoors, Hibbet Sports, Kansas Sampler, Rally House, REI, Scheels All Sports, Target and Walmart. Academy may take reasonable action to prevent fraud and abuse and to otherwise enforce this policy and all other policies, laws, rules, and regulations governing Academy, its customers, and their shopping experience.

    https://academy.custhelp.com/app/answers/detail/a_id/709/~/academy-will-beat-the-price-of-a-competitor-by-5%25%3A

  2. On February 7, 2019 at 9:11 am, JoeFour said:

    Assuming Academy followed all the appropriate requirements before selling the rifle (which is probably a good assumption), the suit should have been dismissed with prejudice and legal fees awarded to the gun store at a minimum. No doubt that we have a corrupt legal system and specifically in this case a corrupt judge and attorneys out to make a name for themselves while striving to get big bucks from the perceived deep pockets of Academy.

  3. On February 7, 2019 at 9:32 am, JoeFour said:

    For those who might be interested, here’s a link to an eye-opening book titled “Our Corrupt Legal System” …. highly recommended:

    http://netk.net.au/whitton/ocls.pdf

  4. On February 7, 2019 at 10:13 am, Fred said:

    I think I’ve found your problem: “Karen”

  5. On February 7, 2019 at 11:36 am, I R A Darth Aggie said:

    From the fine article:

    “He said Kelley presented a Colorado state ID when he walked up to purchase the firearm in the San Antonio store in April 2016 — and it was up to Academy to know the weapon was illegal in Colorado because the model had a 30-round magazine.”

    But it was legal in Texas where it was purchased. Please explain why a business operating in Texas should know the laws of another state when making a sale. Should businesses in Colorado who sell recreational weed not sell me their products if I present an out-of-state ID?

  6. On February 7, 2019 at 12:47 pm, George said:

    Many judges care nothing about the law or established legal precedent anymore. Probably more than half are just political hacks with a strong statist /socialist bias. This is one of the hallmarks of a third world society.

    I find it hilarious that the Trump administration is trying to somehow fix the failed state of Venezuela when the USA is quickly becoming a 3rd world failed state itself.

  7. On February 7, 2019 at 1:48 pm, Gryphon said:

    “By that same logic, I fully expect we’ll see victims of automobile accidents suing Ford and Dodge very soon, right?”

    In Commercial Aviation, it is a Given that ANY Crash with Injuries/Fatalities WILL generate a Lawsuit against the Aircraft Manufacturer, no matter How Stupid the “Pilot Error” was determined by the Safety Board Investigation. In this Case, the Lawyers want a Piece of the Hundreds of Billions of Insurance that Airbus/Boeing have. Insurance Carriers Settle Quickly, often by making an “Offer” to the Victim’s Family before the Body (scraps) have been “Identified” or even “Recovered”

    We were always Very Cynical about this, and I have the same View of “Gun Lawsuits” like this, they are an attempt to not only Extort Money, but Harm the Targeted “Defendant” for political reasons.

  8. On February 7, 2019 at 3:11 pm, moe mensale said:

    “Please explain why a business operating in Texas should know the laws of another state when making a sale.”

    @I R A Darth Aggie,

    Because federal law says so. 18 USC 922 (b)(3) states the sale has to be legal in both the state of sale as well as the buyer’s state of residence. The gun itself was legal in both states but the 30-round magazine, which came with it, was not legal in CO. If the FFL wants to get involved in multi state sales then, yes, the FFL must be aware of the laws in other states.

  9. On February 7, 2019 at 4:15 pm, ROFuher said:

    Re More:
    The magazine in Texas would not make the rifle illegal in CO.
    Just as it is legal for Canadian USPSA competitors to leave their 140/170mm magazines in the US for US matches, he could have the standard magazine outside of CO for “any legal purpose”.

  10. On February 7, 2019 at 8:51 pm, Longbow said:

    Quote:

    “But it was legal in Texas where it was purchased. Please explain why a business operating in Texas should know the laws of another state when making a sale. Should businesses in Colorado who sell recreational weed not sell me their products if I present an out-of-state ID?”

    Answer:

    ATF requires the dealer to know the law in both states. The dealer may sell a rifle or shotgun to an out of State resident as long as the sale/purchase complies with the laws in BOTH States.

    If magazine capacity is the ONLY issue here, a federal prosecutor would have a hell of a time making a case here. Defense and jury would hand him his ass.

  11. On February 8, 2019 at 9:10 am, BRVTVS said:

    Especially considering that a man exercising his God given 2nd amendment rights came to the rescue of this Church, I’ve lost a lot of respect for the members of that Church for engaging in such a dishonorable lawsuit.

  12. On February 8, 2019 at 4:55 pm, moe mensale said:

    “The magazine in Texas would not make the rifle illegal in CO.”

    @ROFuher,

    It was already stated the rifle itself was legal in both states. Sold as it was, a rifle & 30 round magazine, the combination is currently illegal in CO, in violation of both state and federal law. The buyer presented a CO ID. The TX seller has no reason to believe that the gun & 30 round mag aren’t going back to CO. The TX seller has to follow the law of both states. He didn’t. He could have just removed the 30 rounder or swapped it for a couple of 10 rounders. Neither of which would have prevented the shooting anyway.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Sutherland Springs Church Massacre Victims Can Sue Store Where Shooter Bought Gun", entry #20542 on The Captain's Journal.

This article is filed under the category(s) Gun Control,Politics and was published February 6th, 2019 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (284)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (378)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,798)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,672)
Guns (2,338)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (38)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (980)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (685)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.