In a potentially significant defeat for gun rights organizations, Bexar County State District Judge Karen Pozza ruled this morning that a $25 million lawsuit filed by two survivors of the Sutherland Springs massacre against Academy Sports and Outdoor can move ahead to trial, News Radio 1200 WOAI reports.
The gun used in the November 2017 shooting at the small Baptist Church southeasdt of San Antonio left 26 peopel dead. It is the worst mass shooting ever in Texas.
The relatives claimed Academy sold the gun illegally, because the gunman presented a Colorado driver's license, and a gun with that type of magazine is outlawed in Colorado. They said Academy should not have sold the gun to a resident of a state where ownership of that type of weapon is not allowed.
Academy cited a federal statute that holds gun sellers harmless for crimes committed with weapons they sold, saying the blame in shootings and gun crimes rests with the shooter and not with the gun seller.
The ruling is a setback for gun rights groups, because it could lead to tougher restrictions against gun sales if the case is decided in favor of the survivors.