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?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.
Academy Sports being sued for $25 million r/t Texas shooting
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
-
- Posts: 4791
- Joined: Wed Jun 24, 2015 10:06 pm
- Location: Western Ohio
Academy Sports being sued for $25 million r/t Texas shooting
http://www.kens5.com/news/local/sutherl ... /499542329" onclick="window.open(this.href);return false;
- Jim-in-Toledo
- OFCC Patron Member
- Posts: 1249
- Joined: Mon Jul 04, 2005 3:14 am
- Location: If you can't figure it out, I'm not telling.
Re: Academy Sports being sued for $25 million r/t Texas shoo
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.
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.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
-
- Posts: 16237
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: Academy Sports being sued for $25 million r/t Texas shoo
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.
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.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
-
- Posts: 4791
- Joined: Wed Jun 24, 2015 10:06 pm
- Location: Western Ohio
Re: Academy Sports being sued for $25 million r/t Texas shoo
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.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.
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.
- DontTreadOnMe
- OFCC Patron Member
- Posts: 1750
- Joined: Wed May 02, 2012 11:11 am
- Location: SW Ohio
Re: Academy Sports being sued for $25 million r/t Texas shoo
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.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?
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/" onclick="window.open(this.href);return false;
-
- OFCC Member
- Posts: 393
- Joined: Thu Aug 04, 2005 7:50 pm
- Location: Ashland,OH
Re: Academy Sports being sued for $25 million r/t Texas shoo
Do you think the people behind this lawsuit really care about the law ?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/" onclick="window.open(this.href);return false;
- Bruenor
- Posts: 7306
- Joined: Mon Jul 24, 2006 3:03 pm
- Location: Geneva, OH
Re: Academy Sports being sued for $25 million r/t Texas shoo
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.
I would think they'd have a better chance suing the Air Force, for failing to submit the disqualifying records to NICS.
Μολὼν λαβέ
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
-
- Posts: 4791
- Joined: Wed Jun 24, 2015 10:06 pm
- Location: Western Ohio
Re: Academy Sports being sued for $25 million r/t Texas shoo
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?JimE wrote:Do you think the people behind this lawsuit really care about the law ?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/" onclick="window.open(this.href);return false;
http://www.nydailynews.com/news/nationa ... -1.2583138" onclick="window.open(this.href);return false;
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.