Judge Tosses Suit from Aurora Theater Victim’s Family, Orders Them to Pay Ammo Company’s Court Costs

Andy Cross/AP
Andy Cross/AP

In September, Breitbart News reported that the Brady Center to Prevent Gun Violence joined with Sandy and Lonnie Phillips in suing Lucky Gunner and other firearm-related stores for selling ammunition and other supplies to alleged Aurora theater gunman, James Holmes.

Holmes allegedly opened fire on movies-goers watching The Dark Knight Rises on July 20, 2012.

In late March, Senior District Judge Richard Matsch threw out the suit and held that Lucky Gunner and the others “are entitled to an award of reasonable attorney fees and costs.”

The National Shooting Sports Foundation reported that “Brady Center lawyers representing the family members alleged that the Internet business practices of the FFLs did not include ‘reasonable safeguards’ to prevent persons such as Holmes from purchasing their respective products.”

Once the case was dismissed, Guns.com quoted part of Judge Matsch’s opinion:

Holmes meticulously prepared for his crime, arriving at the theater equipped with multiple firearms, ammunition, and other gear allegedly purchased from several distinct business entities operating both online and through brick and mortar locations. Neither the web nor the face-to-face sales of ammunition and other products to Holmes can plausibly constitute a substantial factor causing the deaths and injuries in this theater shooting.

The actual amount that the ammunition and firearm-related stores will need to be recompensed has not yet been announced, but “court documents filed April 10… [show] Lucky Gunner and Sportsman Guide paid roughly $224,600″ in a combined figure to defend themselves against the suit. This figure does not include the expenses of the other defendants.

Follow AWR Hawkins on Twitter @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.


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