Buffalo mass shooting victims’ lawsuit against gun company “MEAN Arms” goes forward

New York, NY — GIFFORDS Law Center, the legal arm of the national gun violence prevention group GIFFORDS, released the following statement after a New York state appellate court denied a gun company’s effort to shut down the lawsuit brought by victims of the mass shooting at Tops Friendly Market. Defendant MEAN L.L.C. had previously attempted to have the case against it dismissed, but the trial court rejected that attempt and denied MEAN’s motion. The company appealed that decision, but today the appellate court affirmed the denial, allowing the wrongful death lawsuit against MEAN on behalf of victims and survivors of the 2022 racist mass shooting in Buffalo, New York, to proceed. 

Separately, the victims had sued several social media companies who radicalized the shooter and enabled the shooting. The trial court denied motions to dismiss filed by the social media defendants, but today the appellate court reversed and ordered dismissal of the lawsuit against the social media companies.

The lawsuit alleges that MEAN L.L.C., a manufacturer in Woodstock, Georgia, which sells the MEAN MA Lock, is responsible for helping the Tops shooter obtain an assault weapon with an easily removable magazine “lock” that allowed him to use multiple, deadly large-capacity magazines during his massacre in violation of New York law. MEAN L.L.C. moved to dismiss the claims made against it, invoking the Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA strips courts of jurisdiction against gun companies in certain circumstances, but notably does not apply where a gun company has violated state or federal law, or where an accessory to a firearm is at issue. The appellate court today rejected MEAN’s argument that PLCAA prevented it from being held accountable by the mass shooting victims.

“The Court has affirmed that gun companies cannot hide behind industry protections when they act unlawfully and contribute to horrible violence. For too long, firearms manufacturers have claimed immunity from shootings, but today’s ruling shows that companies will be held accountable for their practices. While we still have much work to do in our fight for justice, this represents a crucial step forward for survivors and families. At the same time, we are extremely disappointed that the appellate court ruled in favor of the social media companies whose algorithms radicalized the shooter. We are committed to seeking justice and will continue to explore the options for doing so,” said Lekha Menon, Litigation Attorney. 

“Mean Arms ran a misleading advertising campaign about a magazine lock that they knew was easily removable, making a gun more deadly. The court recognized that deceptive advertising has real-life consequences, and that justice must reach the companies whose choices enabled the tragedy, killing our community members and harming our community as a whole.” saidKristen Elmore-Garcia, Partner, the Law Office of John V. Elmore, P.C.