In 2018, survivors and family members of the Sutherland Springs, Texas church shooting filed suit against Academy Sports + Outdoor for selling the shooter the rifle he used to murder 25 people. The killer, Devin Patrick Kelley, passed the NICS background check conducted during the sale because the Air Force failed to report his criminal record.
Despite the provisions of the Protection of Lawful Commerce in Arms Act, the families justified their lawsuit on the grounds that the killer was a Colorado resident. Colorado bans the sale of “high capacity” magazines and the rifle Kelley purchased — in Texas — came with a 30-round standard magazine.
Here’s the Associated Press’s report . . .
The Texas Supreme Court says survivors and relatives of those killed in a 2017 mass killing at a church can’t sue a sporting goods chain for selling the gunman the rifle used in the attack.
The court on Friday threw out four lawsuits against Academy Sports and Outdoors that alleged a San Antonio-area store negligently sold the gun to Devin Kelley in 2016.
Kelley killed more than two dozen people when he opened fire at the First Baptist Church of Sutherland Springs. The 26-year-old then killed himself during a chase after the shooting.
Academy Sports and Outdoors, where the shooter purchased a Ruger AR-556 semi-automatic rifle that included a 30-round magazine, had appealed after two lower courts declined to dismiss lawsuits.
The Supreme Court agreed with Academy, and ruled the petitions were prohibited by the U.S. Protection of Lawful Commerce in Arms Act. The act protects retailers from lawsuits arising from criminal acts by third parties.
The lawsuits said that Kelley provided store clerks with a Colorado ID, and the U.S. Gun Control Act required Academy to comply with Colorado gun laws before approving the purchase. Colorado, however, prohibits the sale of magazines holding more than 14 (sic) rounds, while Academy sold Kelley a rifle that came packaged with a 30-round magazine.
But the court said the sale was legal because the federal law applies only to the sale of firearms, not components.
Shooting survivors and relatives have also sued the U.S. Air Force, which failed to report a domestic violence conviction that would have prohibited Kelley from purchasing a firearm.
Kelley had been found guilty of assaulting his wife and stepson and was dishonorably discharged from the service in 2012, but Air Force officials failed to report the conviction to the FBI background check system despite a requirement to do so.
