Buffalo Victims’ Lawsuit against Firearm Companies Moves Forward
GIFFORDS Law Center is representing several victims and families of the mass shooting at Tops Friendly Markets in May 2022.
New York, NY — GIFFORDS Law Center, the legal arm of the gun violence prevention group GIFFORDS, released the following statement after the Supreme Court of Erie County ruled to allow its wrongful death lawsuit on behalf of victims and survivors of the racist mass shooting in Buffalo, New York, to proceed. Filed with the Law Office of John V. Elmore PC and Social Media Victims Law Center, the lawsuit names as defendants several social media companies and firearms companies. Last month, the court ruled that the case could proceed against the other firearm defendant, MEAN L.L.C.
The lawsuit alleges that Vintage Firearms is responsible for helping the Tops shooter obtain an assault weapon and learn how to modify it to permit detachable magazines, allowing him to use multiple deadly large-capacity magazines during his massacre. Vintage Firearms moved to dismiss the claims made against it, invoking the Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA shields gun companies from liability, but notably does not apply where a gun company has violated state or federal law, or where a supplier sells a firearm to a person the supplier knew or should have known was dangerous—as is alleged in this case.
Leigh Rome, Senior Litigation Attorney, GIFFORDS Law Center:
“Today’s decision made it clear, the gun industry is not immune to consequences simply because they sell guns. Firearms companies that break the law must be held accountable. The Buffalo survivors deserve to have their day in court and we look forward to representing them as we seek justice against all firearms defendants.”
Kelly Percival, Litigation Attorney, GIFFORDS Law Center:
“When someone breaks the law, they must be held accountable. Today’s ruling shows that irresponsible actors can’t hide behind corporate gun industry shields. We will continue to work with the Law Office of John V. Elmore PC and Social Media Victims Law Center to get justice for those killed in Buffalo.”
John V. Elmore and Kristen Elmore-Garcia, Law Office of John V. Elmore PC:
“The Law Office of John V. Elmore PC is grateful for the efforts of attorneys from the GIFFORDS Law Center and Social Media Victims Law Center for joining our legal team and putting in the work to achieve justice for the families who lost loved ones in the May 14th massacre. This decision is a small step in making our communities safer from mass shootings.”
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