Lawyers for Academy Sports & Outdoor ask judge to toss Sutherland Springs case

Posted at 5:58 AM, Feb 01, 2019
and last updated 2019-02-01 07:34:44-05

Lawyers for Academy Sports & Outdoor have asked a judge to dismiss a lawsuit filed against the retailer by victims of the Sutherland Springs church massacre.

The victims allege the store illegally sold a Ruger AR-556 rifle and a 30-round magazine to Devin Patrick Kelley, which police say he used in the shooting.

Kelley killed 26 people and injured 20 more inside the First Baptist Church in Sutherland Springs in November of 2017. Kelley bought the weapon 18 months before the shooting at a Texas Academy.

Academy claims Kelley passed all the background checks necessary and that the sale was lawful. Lawyers for the families claim that Kelley’s license listed him as a resident of Colorado, which would mean the sale would have to be legal in both states to be lawful, but the 30-round magazine is illegal in Colorado.

“If a customer with an out-of-state driver’s license walks into a Texas gun store to purchase a firearm, the gun store, here Academy, is required by law to comply with both the laws of the state of Texas and the laws of the state where that purchaser lives,” Robert Hilliard, attorney for the victims families, said.

Academy also says federal and state investigators found no mistakes with the sale.