X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

JUSTICE LEHRMANN delivered the opinion of the Court, in which CHIEF JUSTICE HECHT, JUSTICE DEVINE, JUSTICE BLACKLOCK, JUSTICE BUSBY, JUSTICE BLAND, and JUSTICE HUDDLE joined. JUSTICE BOYD filed a concurring opinion. This case arises out of the 2017 Sutherland Springs church shooting. Plaintiffs, who include victims of the shooting and their families, filed multiple suits against the retailer from which the perpetrator purchased the weapon used in the shooting. The retailer, Academy Sports + Outdoors (Academy),[1] sought to avail itself of the federal Protection of Lawful Commerce in Arms Act (PLCAA), which Congress passed to protect firearm retailers and manufacturers from certain lawsuits seeking damages arising out of the criminal conduct of third parties. Academy moved for summary judgment under the PLCAA, but the trial court denied the motion. After unsuccessfully seeking mandamus relief in the court of appeals, Academy filed a petition for writ of mandamus in this Court, arguing that the PLCAA requires dismissal of the underlying suits and that Academy lacks an adequate remedy by appeal. We hold that the PLCAA bars the lawsuits and protects Academy from continued participation in litigation. Accordingly, we conditionally grant Academy’s petition for writ of mandamus. Background On November 5, 2017, Devin Kelley entered First Baptist Church in Sutherland Springs wielding a Model 8500 Ruger AR-556 semi-automatic rifle fitted with a detachable thirty-round magazine.[2] He killed twenty-six people and injured twenty more. Kelley had purchased the rifle, which was packaged with a thirty-round magazine manufactured by Magpul Industries Corp., from an Academy store in San Antonio on April 7, 2016. As part of that sales transaction, Kelley purchased an additional Magpul thirty-round magazine, sold separately. Kelley reported a Colorado address and presented a Colorado ID when buying the rifle, prompting certain requirements imposed by the federal Gun Control Act on the sale of a firearm to an out-of-state resident. See 18 U.S.C. § 922(b)(3) (prohibiting such a sale unless “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”). Academy properly processed the required ATF Form 4473, which Kelley completed under penalty of perjury at the time of sale.[3] Academy also ran the required background check on Kelley through the National Instant Criminal Background Check System. Although federal law disqualified Kelley from purchasing a firearm at the time of the sale—based in part on his conviction in a 2012 court-martial for assaulting his wife and stepson and his dishonorable discharge from the United States Air Force—that disqualifying information was not in the system, which authorized Academy to “Proceed” with the sale. Litigation against the Air Force for failing to collect, handle, and report the required information is ongoing in federal court. See Holcombe v. United States, 388 F. Supp. 3d 777, 785 (W.D. Tex. 2019). The mandamus proceeding at issue here arises from four lawsuits filed against Academy in Texas district court by some of the survivors of the shooting and relatives of those killed.[4] In all four suits, which were consolidated for pretrial matters, the plaintiffs assert claims for negligence; negligent hiring, training, and/or supervision; negligent entrustment; and gross negligence. The claims stem from Academy’s sale of the Ruger AR-556 rifle and thirty-round magazine to Kelley, a Colorado resident. The plaintiffs allege that under the Gun Control Act, the “sale, delivery, and receipt” of the weapon must have fully complied with the laws of both Texas (the state of the sale) and Colorado (the state where the purchaser resided). 18 U.S.C. § 922(b)(3). The plaintiffs further allege that, because Colorado law prohibits the sale or possession of magazines with a capacity of fifteen rounds or more (hereafter, large-capacity magazines), COLO. REV. STAT. §§ 18-12-301, -302, the rifle–magazine package that Kelley

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›