TCJL Files Amicus in Firearm Litigation
TCJL Files Amicus in Firearm Litigation
Last week TCJL filed an amicus curiae brief in a case of first impression that could have far-reaching impact on retail sellers of firearms and ammunition in Texas. The case, In re Academy, Ltd. d/b/a Academy Sports + Outdoors, arose from the horrific shooting at a church in Sutherland Springs, Texas in November, 2017. Plaintiffs sued Academy, alleging, among other things, that it violated the federal Gun Control Act (GCA) prohibiting the sale of a firearm that would be illegal in either or both of the state in which the sale occurred and the state of the buyer’s residence (the plaintiff’s suit also asserts negligence theories against the company). In this instance, the shooter, a resident of Colorado, purchased the firearm at an Academy store in San Antonio. The store conducted the federally required background check, which approved the sale. Unbeknownst to the seller, however, the shooter had a criminal record during his service in the United States Air Force, but the USAF failed to notify the Bureau of Alcohol, Firearms, and Tobacco, which administers the national database for the purpose of compliance with the GCA. It is important to note that the plaintiffs are also pursuing a federal tort claims action against the USAF.
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