Texas Supreme Court Tosses Lawsuit Filed by Sutherland Springs Survivors and Families

Published June 27, 2021

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By Dan Zimmerman via TTAG and republished with permission.

In 2018, survivors and family members of the Sutherland Springs, Texas church shooting filed suit against Academy Sports + Outdoor for selling the shooter the rifle he used to murder 25 people. The killer, Devin Patrick Kelley, passed the NICS background check conducted during the sale because the Air Force failed to report his criminal record.

Despite the provisions of the Protection of Lawful Commerce in Arms Act, the families justified their lawsuit on the grounds that the killer was a Colorado resident. Colorado bans the sale of “high capacity” magazines and the rifle Kelley purchased — in Texas — came with a 30-round standard magazine.