Texas judge lets church shooting victims sue gun retailer

Doesn't matter, only your state of residence does

atf.gov/file/61721/download
Refer to point number 2
I don't agree with it or the suing of a store for the sale but nothing about them selling to an out of state resident and letting him have the gun the same day
They should've shipped it to an FFL in his home state

Federal

Wrong
Refer to #2
atf.gov/file/61721/download

>Refer to point number 2
turns out academy sports isnt an individual and they are an FFL so point 2 doesnt apply.
see

Thats exactly why it should matter, you are a not a resident of Texas therefore you shouldn't gain the benefits of those people.
As said theres some due diligence involved.

>states now have to comply with the laws of other states because guns bad
Kill all lawfags.

Attached: 0mfay069y0x01.png (842x792, 82K)

Well that's going nowhere.

You can buy longarms out of state as long as you comply with both states laws. Pistols must be transferred.
Academy was unaware of Colorados beyond retarded laws because who cares about CO and came under fire for the magazine. Not the rifle.

"an unlicensed individual"
The gun store was not an unlicensed individual.

You can by long guns from licensees out out of state without getting it shipped to an ffl in your own state.

these anons are right
this user is an idiot

So if Academy was in complete compliance with the law, my first question as a jury member would be what other steps would the plaintiff's lawyer expect from any retailer?

even then, the 4473 still passed i would think. the lawyer will get some exposure, and maybe some payment, since the family is retarded if they think they will win

this might ultimately depend on where the 4473 needs to be done - at the point of sale or on the receipt of product. if his conviction/background wasn't in the fed system due to armed services errors, the retailer IMO arguably holds no liability

This should set an interesting precedent
>Weed is illegal in Texas
>Texas citizen goes to Colorado and buys weed
>Colorado store doesn't comply with Texas law
>Store gets shutdown and sued

So if Kelly had purchased the rifle seperately from the magazine, aince the latter requires no NICS check, Academy would have been in compliance?

Considering Colorado didn't have the decency to put together a report and send it to every FFL in the nation about their beyond retarded gun laws I feel as though they are at fault.

They already have some precedent for Colorado where a weed-prohibiting state cannoy sue for criminal or civil damages against another weed-legal state for selling goods that are brought across state lines after said sale.

Yep

the arguments are:
>who was in the wrong for selling him a rifle w/ a 30 round magazine
-and-
>does the magazine even fall under the same rules as the firearm just because it is "included".
as stated earlier, in order to buy a long gun in another state, all rules and regulations apply from both states.

true for handgun, not true for long gun. but the long gun must be compliant with your home state laws

Then the plaintiff can fuck off, my pro-gun bias aside. Enforcing that particular law wouldn't have saved a single life.

What if you reside in both states and just leave the non-compliant ones in the state where they are legal?

>Kelley, a 26-year-old military veteran, died after the shooting.

Convenient that the article didn't mention the shooting was interrupted by another man with a standard capacity AR-15.

Also why isn't the Air Force liable? This guy wasn't supposed to be able to purchase a gun anyway but they never reported him.

Couldn't they make that applicable to firearms too?

if you reside in two states you'd be buying a gun as a resident of whatever state you're in at the time

I assume it is. Otherwisr, CA would have sued to make "assault weapons" illegal in Nevada.

Correct me if I am wrong but aren't firearm retailers protected from civil suits due to misuse (see any for of criminal use) of a firearm? Also isn't this also classed as a civil rights case by the same law, so wouldn't any loosing side be forced to pay the winners legal fees as well.

If both assumptions are correct, wouldn't this be just skyrocketing the potential legal fees of the accusers should any court find in favor of the store?

is that a based loli grandma i spy

The lawyer in this case is filing under the predicate exemption of the PLCAA, since he claims that selling a 30 round magazine violated Colorado state law.

>as long as you comply with both states laws
Citation needed. State legislatures don't have jurisdiction in other states.

Assuming that a Texas business, that has no presence and does not business in Colorado can be held to Colorado laws (a scary as fuck precedent), wouldn't the business at most be held to whatever fine was established by the law for a business that violated?
Also wouldn't any lawyer also have to prove the law is now not being enforced arbitrarily, since many business in Colorado itself don't obey the law (and many sheriff's refuse to enforce it as well).

This whole case just reeks of bad potential precedent all around to me.

wasn't the shooter also STOPPED by a civillian... with an AR???

That is why we stopped hearing about it and it got memory hole'd so quickly.

18 USC 922(b) paragraph 3
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes

So yes, federal law does say that you can't sell someone a firearm if it's illegal for them to buy it in their home state.
BUT it only applies to FIREARMS, nothing in there about accessories or magazines.
So in theory this lawsuit has no standing because the law only covers firearms, and you can still buy AR's in Colorado last I checked.

that's not true at all.
neither. he's dead wrong.
also, in regards to OP, the shooter could have just as easily bought 30 round mags anywhere, because you don't need an ID for magazines, so there's no way to tell what state he's from.
ALSO
there's no law in texas that states you can't sell magazines to colorado citizens, even if the mags are illegal in colorado. there ARE certain laws that prohibit residents of certains states from buying rifles in other states, but if a rifle was legal to sell to a colorado resident in texas, then magazine limits do not apply.

this case will sink. I feel bad for the victims but suing academy instead of the shooter's estate is assanine and greedy.

Yeah i never heard of this shooting until now, scary how 1984 we already are

What is this court case? Lmao, you can buy magazines in texas seperate without ID, and the sale of an AR is completely legal buy both states laws this should have been thrown out wtf is wrong with the texas judge hearing this case and setting a precedent that Texas has to listen to Colorado

Without having looked at it I would just guess they are going for easy tagets + deep pockets.

>assanine and greedy
Their lawyer is telling them they have a shot to take a swipe at the gun lobby, maybe even make retailers start specifying CO legal firearms just like CA or MD. Shooter dead, no shot in hell the Air Force is on the hook for not reporting him cracking his baby kid's skull, so Academy gets the bullseye on their back.

I wish Kelley had just eaten a bullet from the get-go. Would have saved a lot of people a lot of pain, and he wouldn't know the difference at this point.

This sucks, I like Academy.

>Yeah i never heard of this shooting until now, scary how 1984 we already are
This one isn't Orwellian, you just were living under a rock back in 2017/2018 if you don't remember Cornyn pushing the Fix NICS bill.

It definitely was in the news but the fact it was stopped by another AR, took place in a small town, and other shootings pushed it out of the news cycle.

delet this

Attached: 1547833617369.jpg (270x466, 55K)

its federal law

Hey man I made that a few weeks ago, It's nice to see that someone thought it was save worthy.

>the virgin gear queer
>the chad grampa
How did anyone on Jow Forums not hear about the good guy with a gun, a handful of ammo, and his stocking feet?

You can't (legally) reside in 2 states at once.

You can't generally sue a government entity unless it's a human rights violation.

Yeah if everything worked this way Commiefornians would have it tougher

>those disgusting gums and teeth
Fucking most unattractive thing possible

for certain things you can like hunting licenses, buying guns, etc. others you can not, like voting.
>lmgtfy.com/?q=can you claim residency in two states

The way colorado's law is written it specifically doesn't apply to guns and magazines brought in from other states.

I looked into this when I travelled through there a couple years ago, with CCW reciprocity. Apparently it's completely legal for any person to bring in their standard capacity magazines (like a 15 round glock or CZ) as long as it was not purchased in colorado.

So I cannot imagine how this lawsuit will hold water.

Didn't the shooter's military handlers fail to inform NICS of his prohibited status? why not sue them?

>you should enforce the unconstitional laws passed on a daily bases in other states while in our lands!
fuck you

So if I go to California and buy weed and then inject it and overdose at home in Texas can they sue the weed store? Think about what you're saying dumbass

Wasn't this the shooting that would've been stopped had the US Air Force bothered reporting his dishonorable discharge. Literally the Federal government is at fault here

It's almost like it's that cocksucker's fault and no one else's