The Texas Supreme Court dismissed a lawsuit against a gun shop filed by the victim’s family in a church shooting


Sutherland Springs Baptist Church Memorial Texas Shooting

On Sunday, November 12, 2017, we will wait in line for a group to enter the Sutherland Springs Baptist Church to see the monument in Sutherland Springs, Texas. AP Photo / Eric Gay

  • In 2017, gunmen killed 25 people at a church in Sutherland Springs, Texas.

  • The victim’s family sued the gun shop where he bought the weapon.

  • The Texas Supreme Court has dismissed the proceedings on the grounds of laws protecting gun manufacturers and retailers.

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The Texas Supreme Court has ruled that the families of victims killed in mass shootings cannot sue the gun shop for purchasing the weapons used by the suspect.

The proceedings were filed in 2019, after Devin Kelly shot 25 people at the First Baptist Church in Sutherland Springs, Texas, and before committing suicide after pursuit. It was the most deadly mass shooting in Texas history.

The victim’s family has filed a lawsuit against Academy Sports & Outdoors, a sports equipment chain that purchased the AR-556 semi-automatic rifle, ammunition, and large magazines that Kelly used to shoot. The proceedings alleged that the store mistakenly sold a gun to him because he presented his ID from Colorado, where it is illegal to sell large magazines.

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Academy Sports appealed to the Texas Supreme Court after two lower courts refused to dismiss the proceedings. Judging that the proceedings cannot proceed by Protection of legal commerce under the Weapons ActProtects gun retailers and manufacturers when their products are used to commit crimes.

The court also said the sale was legal despite Kelly’s Colorado ID. US gun control law required retailers to comply with Colorado law, but courts said it only applies to guns, not magazines.

The victim’s family is also suing the US Air Force. Kelly was convicted of domestic violence in a military court while serving in the Air Force. The Air Force later admitted that it failed to convict Kelly in the appropriate FBI crime database that would have prevented him from purchasing weapons.

The Air Force said that at the time Start review How the record was processed.

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