Retailer Shielded
Texas high court right to dismiss lawsuits by victims’ families, survivors of shooting
The 2017 mass shooting at First Baptist Church in Sutherland Springs was the deadliest such tragedy in Texas history. A man named Devin Kelley arrived at the church during Sunday morning services and opened fire with a semi-automatic rifle, killing 25 — including a pregnant woman — and wounding 20 others.
Kelley was wounded by a certified firearms instructor named Stephen Willeford, who lived nearby, heard gunshots and rushed to the scene. Kelley fled and following a car chase, killed himself.
At the scene, police found Kelley’s rifle and 15 30-round magazines. The killer had purchased the Model 8500 Ruger AR-556, which came with one 30-round magazine, and an additional magazine at an Academy Sports and Outdoors Store in San Antonio.
Four lawsuits were filed against Academy by family members of the victims and survivors. They charged negligence, since Kelley should not have been able to legally purchase a gun because of a 2012 domestic violence conviction while he was in the U.S. Air Force and subsequent dishonorable discharge.
The plaintiffs also said Kelley, a Colorado resident, should not have been able to buy 30-round magazines since that state prohibits the sale of magazines with a capacity larger than 14 rounds. Texas should have followed Colorado law in Kelley’s case, the suits claimed.
Academy claimed it was shielded under the U.S. Protection of Lawful Commerce in Arms Act, which covers retailer who comply with firearm laws against liability for criminal acts by the purchaser.
And Academy complied with all laws regarding the sale of both the rifle and the additional magazine. The domestic assault conviction never showed up on Kelley’s background check because the Air Force failed to enter it into the National Crime Information Center Database.
As for the 30-round magazine, the law on sales to out-of-state residents applies to guns themselves, not components.
The lawsuits made it through two lower courts before being dismissed in June by a unanimous decision of the Texas Supreme Court.
“Our thoughts and prayers continue for the victims of this tragedy,” the company’s lawyers said in a statement. “We feel the entire Supreme Court opinion applied the law carefully and thoughtfully in this situation.”
We agree. The Sutherland Springs massacre was a horrific event. And it’s understandable the victims’ families and the survivors would seek some justice. Would seek to hold someone responsible, especially after the perpetrator died by his own hand. But to hold Academy responsible after the company complied fully with existing laws would be an injustice.
The Texas Supreme Court made the right call. But the plaintiffs have a chance for justice. They also sued the federal government and the Air Force for failing to report Kelley’s conviction, which might have prevented the sale. There good reason to let those lawsuits proceed. After all, what good is the background check system if responsible authorities fail to report disqualifying crimes?