Sutherland Springs
Summary
A gun dealer in Texas sold an AR-15 style rifle with two 30-round high capacity magazines to a resident of Colorado. The purchaser used the rifle to attack a church, killing 26 people. Brady joined a suit against the gun dealer for negligently selling the firearm, alleging that the dealer violated federal law by selling an assault weapon with a high-capacity magazine to the out-of-state resident, when the sale would have been illegal in the buyer’s state.
Facts
An Academy Sports + Outdoors store in San Antonio, sold an Ruger AR-556 model 8500 to Devin Kelly. When purchasing the gun Kelly presented Academy with a Colorado ID. Colorado prohibits the sale, transfer, and possession of a “large-capacity magazine,” a magazine with a capacity of over 10 rounds. Academy violated federal law when it sold the shooter an AR-556 rifle with a 30 round magazine included in the box. When gun dealers sell a long gun to a resident of a different state, federal law requires the gun dealers to comply with the laws of the sellers' state (Texas) and the buyers state (Colorado).
On November 5th, 2017, using the AR-556 firearm supplied to him Academy Sports, Devin Kelley opened fire on the congregants at the First Baptist Church in Sutherland Springs killing 26 people and injuring 20 others.
Court History
On behalf of the victims of this tragic shooting, Brady joined the suit against Academy Sports + Outdoors, who supplied the shooter, with the rifle used in the attack.
On February 4, 2019, the Court ruled in Brady’s favor when it denied Academy Sports + Outdoors’ motion for Summary Judgement, allowing the case to proceed to discovery.