The Brady Center to Prevent Gun Violence today will ask a judge in San Antonio to allow a lawsuit against Academy Sports and Outdoors over the November 2017 massacre at the First Baptist Church in Sutherland Springs to go forward, News Radio 1200 WOAI reports.
The Ruger AR-556 model 8500 which the gunman used to kill 26 people and wound 20 others was purchased at an Academy in San Antonio. The lawsuit alleges that Academy violated state law by selling the weapon when the gunman presented an ID cars indicating that he lives in Colorado.
The lawsuit claims that the weapon the gunman purchased in Texas would not be legal if sold in Colorado, because that state does not allow the sale of magazines that hold more than 15 rounds. The lawsuit claims it is a violation to sell a gun to a resident of a state where sale of that weapon is prohibited.
Two people who were wounded in the shooting are suing, demanding more than $1 million in damages.
Academy says it is not responsible for the actions of the gunman, and will argue several points. It says it completed the federall required background check, and is not responsible for now admitted errors made by the Air Force, which failed to enter information into the system regarding his domestic violence conviction, which would have made him ineligible to buy the firearm.
Academy also says the prohibition against selling weapons to a resident of another state does not apply to sales which are made in person, when the buyer shows legitimate identification, the chain also argues that the definition of what constitutes a 'magazine' is vague under this statute.
The case is significant, because it could effect gun sales nationwide.