Academy Sports being sued for $25 million r/t Texas shooting

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Academy Sports being sued for $25 million r/t Texas shooting

Postby M-Quigley » Sat Dec 16, 2017 4:24 pm

http://www.kens5.com/news/local/sutherl ... /499542329

SUTHERLAND SPRINGS - A Sutherland Springs family is suing the retailer that sold church shooter Devin Kelley the assault rifle that killed three of their family members.

The Webster Law Firm confirmed the Ward family is suing Academy Sports and Outdoors for its 'negligent failure to follow existing gun control laws' according to a press release sent to KENS 5.

In April 2016, the suspect was able to purchase a Ruger AR-556 at a San Antonio Sporting Goods that was used to kill 26 people inside of First Baptist Church of Sutherland Springs on November 5, 2017.

The lawsuit details that Kelley reportedly used a Colorado address to purchase the gun. This should have disqualified him from transporting the gun to his Texas residence.

When Kelley purchased the Ruger, he reported a Colorado Springs, Colorado address on his Firearms Transaction Record, Form 4473, a federal form. This should have disqualified Kelley from ever purchasing the assault rifle. Kelley’s identification indicated he was a resident of Colorado—not Texas. Meaning, he never should have been sold the very weapon he used in the Sutherland Springs shooting because it would have been illegal for Kelley to transport that gun to his residence. Instead, Academy should have transferred the firearm to Colorado, for Kelley, a Colorado resident, to retrieve." reads the press release.


I'm trying to find out if there is an exception to this in Texas that perhaps Academy Sports was following in relation to Colorado but haven't found anything specific to either of those states yet. Does anyone know the answer?
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby Jim-in-Toledo » Sat Dec 16, 2017 6:29 pm

I don't know about Texas and Colorado.
However I do know that an Ohio resident CAN buy a long gun in Michigan, and vice versa, and take possession there.
Handguns however have to go through an FFL in the purchasers state of residence.
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby Brian D. » Sat Dec 16, 2017 8:40 pm

For a long time us Ohioans were, technically, only allowed to buy long guns in adjoining states without a transfer. (But, not all out of state FFLs were aware.) In recent years our Overlords in Columbus loosened that up.

As a practical matter, what difference would it have made with regards to this lawsuit if the gun had been directly purchased versus a state-to-state transfer? None!

I also take issue with the "assault rifle" description.
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby M-Quigley » Sun Dec 17, 2017 2:34 pm

Brian D. wrote:For a long time us Ohioans were, technically, only allowed to buy long guns in adjoining states without a transfer. (But, not all out of state FFLs were aware.) In recent years our Overlords in Columbus loosened that up.

As a practical matter, what difference would it have made with regards to this lawsuit if the gun had been directly purchased versus a state-to-state transfer? None!

I also take issue with the "assault rifle" description.


Unfortunitely things like facts, realism, and "practical matters" seem irrelevant in the filing of a lawsuit. It's basically is there some technical violation that can be used to file a suit. :(

In addition to what you said, he could've also bought the gun in Colorado and drove back to Texas. And on a practical matter, he could've just as easily used a Glock 17 (for example) and probably caused a similar amount of casualties. The issue with all the dead and wounded wasn't an issue of AR versus shotgun versus pistol, etc. The reason he was able to get away with murdering all those people was that they were in a semi confined area, they had no plan of dealing with a mass shooting, (other than to pray) and none of them had with them the means to be able to effectively fight back. (what's the old saying, shooting fish in a barrel?) :(

If even one victim had been armed, there would've been a chance his attack could've been interfered with, even with him wearing a vest. (theres still a lot of real estate the vest doesn't cover) Just as an example, the cop in Texas with a mere pistol defeated two terrorists who were wearing body armor, and at distances farther away than the inside of that church would've been. That's only one example of how criminals with body armor have been stopped or deterred by handguns.

Also, if they would've had a good plan in place they might've been able to defend themselves even without a gun, but from what I've read so far, the leadership of the church didn't think something like that would ever happen to them. :(
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby DontTreadOnMe » Sun Dec 17, 2017 4:08 pm

M-Quigley wrote:I'm trying to find out if there is an exception to this in Texas that perhaps Academy Sports was following in relation to Colorado but haven't found anything specific to either of those states yet. Does anyone know the answer?

Unless Academy's lawyers are really incompetent they'll file a motion to dismiss as the suit states that the out-of-state address "should have disqualified Kelley from ever purchasing the assault rifle" but fails to document that legal requirement. The judge would likely give them permission to amend the complaint, at which time they'll have to scramble when they realize no such requirement exists.

Texas has no law restricting sales of long guns to non-residents. Colorado used to, but it was repealed in 2014. http://dailycaller.com/2014/05/06/color ... -into-law/
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby JimE » Sun Dec 17, 2017 9:32 pm

DontTreadOnMe wrote:Texas has no law restricting sales of long guns to non-residents. Colorado used to, but it was repealed in 2014. http://dailycaller.com/2014/05/06/color ... -into-law/


Do you think the people behind this lawsuit really care about the law ?
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby Bruenor » Mon Dec 18, 2017 7:15 am

Whether he purchased it in Colorado. or Texas he still passed the Federal background check.

I would think they'd have a better chance suing the Air Force, for failing to submit the disqualifying records to NICS.
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Re: Academy Sports being sued for $25 million r/t Texas shoo

Postby M-Quigley » Mon Dec 18, 2017 8:54 am

JimE wrote:
DontTreadOnMe wrote:Texas has no law restricting sales of long guns to non-residents. Colorado used to, but it was repealed in 2014. http://dailycaller.com/2014/05/06/color ... -into-law/


Do you think the people behind this lawsuit really care about the law ?


It depends. Does Texas have a law similar to Colorado's, where if you file a frivilous lawsuit and lose, you're responsible for the attorneys fees of the defendant?

http://www.nydailynews.com/news/nationa ... -1.2583138

The surprising thing to me about the Colorado news link is that the people who followed the harrassment suit and supposedly are broke, (yet going around the country in an RV spouting gun control) only owe less than a quarter million. This would be chump change to someone like Hollywood celeb's, or Bloomberg, yet they let these people supposedly live in poverty rather than help out and pay the cost for them. :roll:
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