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National Fed Claim Store That Sold Rifle To Sutherland Spring Shooter Did It Illegally

Jonnyuma

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The shooter was an unreported prohibited possessor because of federal incompetence and now they want to sue Academy?
Sounds about right.

The suit alleges that the shooter presented a CO DL to buy the weapon in TX and that AR15s are prohibited in CO.

The article posits the theory that the buyer may have told the clerk that he was now a TX resident, but that raises the requirement of presenting an ID w current information.

Is a store clerk supposed to be knowledgable in the nuances of all 50 states' gun restrictions? Online retailers seem to be hip to it and generally restrict sales/shipping to restricted areas on items that are deemed too distasteful for public consumption by the elites.

I'd say that it's up to the buyer to know the laws in their jurisdiction, not the store clerk. That's what I'd say... a jury may not agree.

What's Academy's defense strategy gonna be?
 

No_Regerts

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The shooter was an unreported prohibited possessor because of federal incompetence and now they want to sue Academy?
Sounds about right.

The suit alleges that the shooter presented a CO DL to buy the weapon in TX and that AR15s are prohibited in CO.

The article posits the theory that the buyer may have told the clerk that he was now a TX resident, but that raises the requirement of presenting an ID w current information.

Is a store clerk supposed to be knowledgable in the nuances of all 50 states' gun restrictions? Online retailers seem to be hip to it and generally restrict sales/shipping to restricted areas on items that are deemed too distasteful for public consumption by the elites.

I'd say that it's up to the buyer to know the laws in their jurisdiction, not the store clerk. That's what I'd say... a jury may not agree.

What's Academy's defense strategy gonna be?
Exactly. Say they had a Colorado compliant
Rifle. What stops him from buying a magazine anywhere else? The only thing that should have prevented that sale was a failed bgc, but the .gov didn’t do their part.
 

User 1234

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The federal laws do place the responsibility on FFL dealers to only sell long guns to other-state residents in compliance with the buyer’s resident state laws. Now if Colorado’s laws don’t prohibit their residents from purchasing an AR, but only possessing them in CO, then Academy can argue it did not violate the buyer’s resident state laws. I didn’t realize Colorado banned ARs.
 

User 1234

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Based on the linked article the government is not blaming Academy for the Air Force’s failure to submit the buyer’s conviction to the database.
 

User 1234

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It sounds like the government is trying to stretch here, by saying the rifle itself was illegal in Colorado and therefore could not be legally sold to a Colorado resident in Texas simply because it had a 30 round magazine sold alongside it.
 

Sporting Systems

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How the heck is a clerk in Texas supposed to know that a city several States away banned something?
Because its the law. Ignorance of the law, is not an affirmative defense.

We've had some lengthy discussions on this topic as related to 1639 in WA. Selling to out of state, and DELIVERING it is the issue. Online resellers, generally not an issue, because they ship to a local FFL for delivery which would be in compliance with local laws. Some online sellers screw up and ship non compliant products. PSA used to ship lowers to 18 years old here, they finally figured out to get an age check on their order screens.

ID must match the physical address, that's is true and correct.

The failure is on the DOD for failing to follow federal law in reporting, and now the DOJ is dragging up the interstate sales issue to add a defendant in the case...one with money. In the end, this is about money...not saving lives.
 

Gbirk

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How the heck is a clerk in Texas supposed to know that a city several States away banned something?
This is why so many on-line retailers will not sell to CA. Just too much liability. Laws working as intended. They don't want to take your guns, just make it so hard to sell them that nobody will. 2 generations later.......no guns.
 

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