A mass shooting in 2015, fueled by hatred, filled the TV screens all across America for a span of weeks. Sparking the debates of gun control, the NRA, and government negligence.
It was ruled by the U.S. Circuit Court, that families of the South Carolina church shooting in 2015 can sue the government for negligence. The shooter, Dylann Roof, a self proclaimed white supremacist, was sentenced to death in early 2017 for murder and hate crimes as he sought out The Emanuel African Methodist Episcopal Church due to the demographic of the congregation.
It was ruled that Roof should not have been able to purchase the gun that he had allegedly used to kill the innocent that evening. Due to a previous drug Charge, Roof would have been ineligible to purchase any sort of firearm had it been properly reported during his background check.
With this new ruling, many wonder if there is a case to be made against the NRA or even big names in the gun industry. Lawmakers everywhere would be quick to tell you, it’s more than likely improbable.
According to a 2005 law called the Protection of Lawful Commerce in Arms Act, a law which many politicians would like to repeal, it protects the gun industry from cases like this. Simplifying the law, the only time one can realistically sue the manufacturer of a firearm is if the gun somehow malfunctions and injures or kills the individual that pulled the trigger.
In that case, it would turn into a regular wrongful death or personal injury suit against the firearm manufacturer. Pulling the trigger of a firearm and killing something is where the law states that the firearm is doing what it’s designed to do.
Have you or someone you know been wrongly injured?
After more than 25 years representing injury victims in car wrecks, truck wrecks, and motorcycle accidents, the experienced team of professional accident attorneys at Reyes Browne Reilley have seen the consequences of negligence first-hand. If you have sustained injuries because of a car wreck which was not your fault, contact us now for a free and confidential case review. Fill out our contact form online, or call (214) 526-7900, and we will get you on the road to recovery.