© 2022 Texas Public Radio
Real. Reliable. Texas Public Radio.
Play Live Radio
Next Up:
Available On Air Stations

Case Against Gun Seller In Sutherland Springs Shooting Will Move Forward

First Baptist Church (May 5, 2018))
Joey Palacios
Texas Public Radio
First Baptist Church was the site of the Sutherland Springs shooting that killed 26 people on Nov. 5, 2017.

Lawyers for the families of Sutherland Springs shooting victims are claiming a victory in their civil suit against the company that sold the gun in the shooting.

In a letter sent to the lawyers Monday, Bexar County District Judge Karen Pozza is allowing the case to move forward to trial.

RELATEDJudge To Decide If Case Against Gun Seller In Sutherland Springs Shooting Will Move Forward

At the heart of the case is whether Academy Sports can be held liable for selling the assault rifle that would be used by Devin Kelley to kill 26 members of Sutherland Springs First Baptist Church in November 2017.

Lawyers for Academy say they are protected by the Protection of Lawful Commerce in Arms Act because they conducted necessary background checks.

The victims’ lawyers argue they broke federal law when they failed to follow both Colorado and Texas laws in the sale, something required when selling to out of state residents.

Kelley used a Colorado ID in the purchase, and the high capacity magazine packaged with the gun is illegal in that state.

A trial date has not been set.

A lawyer for Academy Sports + Outdoors had asked Pozza on Thursday for immediate dismissal of the case.


Paul Flahive can be reached at paul@tpr.org or on Twitter @paulflahive


Paul Flahive can be reached at Paul@tpr.org and on Twitter at @paulflahive