A federal law called the Protection of Lawful Commerce in Arms Act generally shields gun sellers from such liability, absent a dealer's negligence or willful violation of another operative federal or state law. The specific issue that Judge Pozza is set to grapple with is whether the federal law definition of a "firearm" includes the magazine with which it is sold — as well as the thorny question of whether a Colorado law banning the sale of "high-capacity" magazines applies to Coloradans who purchase firearms in Texas.
The San Antonio Express-News reports on the back-and-forth between Academy's attorney, Janet Militello, and the plaintiffs' attorney, Jonathan Lowy of the pro-gun control group Brady Center to Prevent Gun Violence:
Another attorney for the victims' families, Robert C. Hilliard, argued that, "There is no question Academy was required to follow the laws of both Texas and Colorado in that sale. Academy failed to do so as Colorado prohibits the sale of a Ruger AR-556 with a 30-round capacity. Academy should have never sold Kelley that Ruger."
https://www.dailywire.com/news/42943/can-gun-store-be-held-liable-weapon-sold-mass-josh-hammer
I'm gonna call
on that last part, a Gun Store in Texas has no requirement to enforce Gun Laws of Other States, only laws of the jurisdiction where the store resides
The San Antonio Express-News reports on the back-and-forth between Academy's attorney, Janet Militello, and the plaintiffs' attorney, Jonathan Lowy of the pro-gun control group Brady Center to Prevent Gun Violence:
"Though our heart may ache for the victims, that does not mean and has never meant that the law can be ignored,"...Militello told state District Judge Karen Pozza. "Academy complied with the law and did background checks and was told by the U.S. government to proceed with the sale."
She said the victims "deserve compassion, but they want to hold Academy liable. The sale was lawful."
Lowy countered that a federal code dictates that if the gun dealer sells to a purchaser from another state, the dealer must comply by the law of the state where the purchaser lives. Because Kelley had a Colorado Springs address at the time, Academy should have complied with Colorado law — which bans magazines over 15 rounds from being purchased with the Ruger, the lawyer argued.
But Militello said federal law about a purchaser’s place of residence involves firearms, not magazines. Lowy said magazines are part of a firearm.
She said the victims "deserve compassion, but they want to hold Academy liable. The sale was lawful."
Lowy countered that a federal code dictates that if the gun dealer sells to a purchaser from another state, the dealer must comply by the law of the state where the purchaser lives. Because Kelley had a Colorado Springs address at the time, Academy should have complied with Colorado law — which bans magazines over 15 rounds from being purchased with the Ruger, the lawyer argued.
But Militello said federal law about a purchaser’s place of residence involves firearms, not magazines. Lowy said magazines are part of a firearm.
Another attorney for the victims' families, Robert C. Hilliard, argued that, "There is no question Academy was required to follow the laws of both Texas and Colorado in that sale. Academy failed to do so as Colorado prohibits the sale of a Ruger AR-556 with a 30-round capacity. Academy should have never sold Kelley that Ruger."
https://www.dailywire.com/news/42943/can-gun-store-be-held-liable-weapon-sold-mass-josh-hammer
I'm gonna call
on that last part, a Gun Store in Texas has no requirement to enforce Gun Laws of Other States, only laws of the jurisdiction where the store resides
