Sutherland Springs Church Massacre Victims Can Sue Store Where Shooter Bought Gun
BY Herschel Smith
5 years, 10 months ago
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?
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
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.
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
On February 7, 2019 at 10:13 am, Fred said:
I think I’ve found your problem: “Karen”
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?
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.
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.
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.
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”.
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.
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.
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.