(FiveNation.com)- The Supreme Court of Texas just smacked down four lawsuits that were filed by survivors, and the families of survivors, of a mass shooting that took place in Sutherland Springs. The ruling, which came on Friday, said that the retailer who sold the rifle fulfilled their duty of performing a full background check on an Air Force member who was dishonorably discharged.
The Air Force member went on to use the gun purchased by the dealer to kill 26 innocent people.
Academy Sports + Outdoors was determined to not be responsible for the tragic shooting, which took place in 2017, because the Protection of Lawful Commerce in Arms Act – a federal law passed by Congress in 2005 – protects the company as long as they acted within the law.
And think about it…how can it be any other way? If a company performed their legal duty by performing a background check, how can they be held responsible for crimes committed using guns that they sold?
The opinion was delivered by Texas Justice Debra Lehrmann on Friday and is welcome news for supporters of the Second Amendment.
Devin Kelley purchased a rifle alongside a 30-round magazine from Academy Sports + Outdoors in 2017, and on November 5 that year, he entered the First Baptist Church in Sutherland Springs and killed 26 people, injuring a further 20 people. The magazine was manufactured by Magnul Industries Corp.
In the ruling, the judges explained how Kelley reported an address in Colorado and presented a Colorado state ID. Academy Sports + Outdoors then, the ruling explains, properly processed the necessary ATF Form 4473, which was completed under penalty of perjury by Kelley.
A background check on Kelley was also performed, using the National Instant Criminal Background Check System.
The ruling is a blow to Democrats, including the president, who have long pushed for those who sell guns to be held responsible if a person goes on to commit a deadly crime with those guns.
Though, this did happen in Texas – a Republican state.
There’s no telling what might happen in cases like this in Democrat-run states…