Academy Sports wins Lawsuit

[Texas10]

The Texas Supreme Court ruled that Academy Sports cannot be sued for actions by third party over gun purchase with large capacity magazine and subsequently used in mass murder.

Plaintiffs alleged in four lawsuits against Academy Sports and Outdoors that the San Antonio-area store negligently sold the gun to Devin Kelley in 2016, who went on to kill 25 people at the First Baptist Church in Sutherland Springs before killing himself.

The Air Force failed to enter Kelley's conviction for domestic violence against his wife and infant son into a government database, which should have prevented him from buying the Ruger AR-556 rifle.

The Texas Supreme Court ruled Friday that the retailer was protected from litigation under the federal Protection of Lawful Commerce in Arms Act.

• "Although federal law disqualified Kelley from purchasing a firearm at the time of the sale — based in part on his conviction in a 2012 court-martial for assaulting his wife and stepson and his dishonorable discharge from the United States Air Force — that disqualifying information was not in the system, which authorized Academy to 'Proceed' with the sale," the court stated.

A full text of the Court's decision is very revealing and I feel should be recommend reading it to anyone interested in protecting Second Amendment rights. Decisions like this add to precedent when considering court cases aimed at modifying Constitutional rights and protections.

Here is the court's decision and the reasoning behind it. https://www.documentcloud.org/documents/20973604-190497

 

[lb-ft]

WOW! That is tremendously encouraging. To me it’s a bit surprising, too. It shouldn’t be surprising but it is.

I wonder if the result would have been the same if tried in a different state.

All the more reason to stay diligent and unyielding in protecting the Constitution!

 

[jdh47]

That's one of the pitfalls of the government regulation of firearm sales. Government has never done anything right and never will. It's too big and too incompetent. Those laws and mandates only harass and hinder Law Abiding Citizens and serve to enhance criminality.

 

[chop house]

from the citation:

"... A trial court abuses its discretion when it acts with disregard of guiding rules or principles or when it acts in an arbitrary or unreasonable manner. ..."

amen.

 

[Rsadams]

Texas has just passed a bunch of pro 2A laws that take effect September 1st... I believe we are now the 17th state to become a second amendment sanctuary state along with constitutional carry and a hearing protection act plus even more protection for gun manufacturers and sellers....

 

[KMart]

This ruling was by the Texas Supreme Court. I don't think the lawyers are finished yet. May see this case in the federal courts down the road. The lawyers have to make a living.

 

[joshb]

Yup! The lawyers want to “jump” the gap of liability.
Drunk driver kill someone? Sue the booze makers.
Distracted texter kills somebody? Sue the phone companies.
Lawyers after money!

 

[300_whisper]

This ruling was by the Texas Supreme Court. I don't think the lawyers are finished yet. May see this case in the federal courts down the road. The lawyers have to make a living.

They are chasing the money. They should sue the Airforce for not getting his information into the NICS database.

It's probably in the best interest of the politicians and lawyers to not let firearm companies / vendors fall on the sword, because then they will be referenced in law for any or wrong doing committed using any other company's product...as referenced before, booze, cars, tools, etc....

 

[Coyotefurharvester]

Most law schools "prohibit" conservative thinking students, and train students to follow the liberal agenda.

 

[FNSafari]

WOW! That is tremendously encouraging. To me it’s a bit surprising, too. It shouldn’t be surprising but it is.

I wonder if the result would have been the same if tried in a different state.

All the more reason to stay diligent and unyielding in protecting the Constitution!

It is, but the act is one of the things that is one the democratic, liberal, progressive communist chopping block. If it ever happens, that would put a huge hurt on firearms manufacturers.

 

[riflewoman]

This ruling was by the Texas Supreme Court. I don't think the lawyers are finished yet. May see this case in the federal courts down the road. The lawyers have to make a living.

As I understand civil procedure, once the case is decided in state court, the Federal system is very reluctant to enter the fray unless there is a plaintiff or defendant added (again difficult to do at the appeal level) that is outside of The state that it was tried. They could try for a chance at the Supreme Court, but they’d likely not hear that case.

 

[KMart]

As I understand civil procedure, once the case is decided in state court, the Federal system is very reluctant to enter the fray unless there is a plaintiff or defendant added (again difficult to do at the appeal level) that is outside of The state that it was tried. They could try for a chance at the Supreme Court, but they’d likely not hear that case.

You are correct. It will be difficult. But lawyers aren't known to holler "uncle" or "calf rope" when there is money or fame involved. Some of the federal appellate courts aren't any better.

 

[farmerjohn]

I've said for years that one law being passed that makes it mandatory for the looser to pay court cost and BOTH lawyers fees in any lawsuit would stop all the BS in in our court system... John

 

[KMart]

I've said for years that one law being passed that makes it mandatory for the looser to pay court cost and BOTH lawyers fees in any lawsuit would stop all the BS in in our court system... John

When you basically have lawyers making the laws, I can't see that on the horizon. Kind of like the House and Senate voting in term limits for themselves. It is all about the money. Just ask Hunter and Joe.

 

[farmerjohn]

When you basically have lawyers making the laws, I can't see that on the horizon. Kind of like the House and Senate voting in term limits for themselves. It is all about the money. Just ask Hunter and Joe.

Sadly, you are 100% correct... John

 

[Texas10]

I've said for years that one law being passed that makes it mandatory for the looser to pay court cost and BOTH lawyers fees in any lawsuit would stop all the BS in in our court system... John

One of the reasons I moved to Texas was (my perception) of their efforts at tort reform. Sadly, I was mistaken.

Farmerjohn's suggestion sounds at first glance like a surefire way to cut the incidence of lawsuit abuse, that is until it's you that's been harmed, and you have to weigh your chances of winning vs going bankrupt paying lawyer fees. No, that would eliminate entirely the public's ability to to use the courts to be compensated fairly for damages.

Texas in many cases compels arbitration which is much less expensive, but not always fair, especially when you're up against a well financed team of lawyers.

 

[4xforfun]

Our world needs more DENNY CRANE's!!!

 

[Hohn]

The Texas Supreme Court ruled that Academy Sports cannot be sued for actions by third party over gun purchase with large capacity magazine and subsequently used in mass murder.

Plaintiffs alleged in four lawsuits against Academy Sports and Outdoors that the San Antonio-area store negligently sold the gun to Devin Kelley in 2016, who went on to kill 25 people at the First Baptist Church in Sutherland Springs before killing himself.

The Air Force failed to enter Kelley's conviction for domestic violence against his wife and infant son into a government database, which should have prevented him from buying the Ruger AR-556 rifle.

The Texas Supreme Court ruled Friday that the retailer was protected from litigation under the federal Protection of Lawful Commerce in Arms Act.

• "Although federal law disqualified Kelley from purchasing a firearm at the time of the sale — based in part on his conviction in a 2012 court-martial for assaulting his wife and stepson and his dishonorable discharge from the United States Air Force — that disqualifying information was not in the system, which authorized Academy to 'Proceed' with the sale," the court stated.

A full text of the Court's decision is very revealing and I feel should be recommend reading it to anyone interested in protecting Second Amendment rights. Decisions like this add to precedent when considering court cases aimed at modifying Constitutional rights and protections.

Here is the court's decision and the reasoning behind it. https://www.documentcloud.org/documents/20973604-190497

This is an example of why there are no unimportant cases.

 

[divingin]

When you basically have lawyers making the laws, I can't see that on the horizon. Kind of like the House and Senate voting in term limits for themselves.

That'll never happen. They'll vote themselves another raise, and recess for vacation.