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GIFFORDS Law Center announces settlement for a survivor and families of Buffalo mass shooting

GIFFORDS and the Law Office of John V. Elmore P.C. represented several victims and families of the mass shooting at Tops Friendly Markets in May 2022

BUFFALO, N.Y. — GIFFORDS Law Center, the legal arm of the national gun violence prevention group GIFFORDS, and the law office of John V. Elmore P.C. announced a settlement agreement for their clients against MEAN LLC, Vintage Firearms and the shooter’s parents. Victims’ families, injured individuals, and traumatized survivors will receive a financial portion of the settlement. GIFFORDS Law Center, John V. Elmore P.C., the Social Media Victims Law Center, and Belluck Law, LLP had filed a lawsuit against a number of social media and gun companies for their role in the shooting. 

The lawsuit alleged that MEAN LLC, a manufacturer in Woodstock, Georgia, which sold the MEAN MA Lock, was 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 LLC 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 does not apply when a gun company has violated state or federal law, or where an accessory to a firearm is at issue. Previously both a trial court and an intermediate appellate court rejected MEAN’s argument that PLCAA prevented it from being held accountable by the mass shooting victims. The lawsuit also alleged that Vintage Firearms sold the rifle the Tops shooter used to commit the horrific tragedy on May 14, 2022.

“Nothing will ever bring back those who were murdered at Tops. As a survivor-led organization, GIFFORDS knows that the survivors, families and the broader community will forever be affected,” said Leigh Rome, Senior Litigation Attorney, GIFFORDS Law Center. “We commend our clients for their bravery in choosing to pursue justice and hold the gun industry accountable. These efforts can stop future acts of violence before they happen, so that no more families have to endure what our clients have been put through over the past four years.”

“Every day since the May 14th shooting, the family members of the deceased, African Americans in Buffalo, and concerned citizens in the Buffalo community at large have been living with collective trauma. Our office, and attorneys from GIFFORDS have worked tirelessly for the families and this community. This settlement will not bring back lives or heal broken hearts. It will serve as a small measure to make this community and other communities safer. There are other defendants whose cases have not been resolved but we will continue to fight,” said John Elmore, the Law Office of John V. Elmore P.C.

GIFFORDS Law Center and the Law Office of John V. Elmore P.C. represent one survivor of the atrocious attack, Latisha Rogers, who was working customer service at the store, and the families of three victims:

  • Andre Mackneil, 51, who was at Tops that day to purchase a cake for his three-year-old son’s birthday party. 
  • Katherine “Kat” Massey, 72, a community activist and retired teacher. 
  • Heyward Patterson, 67, a deacon at State Tabernacle Church of God and retired security guard.

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Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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