Brady Center Loses In Colorado

Jessica Ghawi was one of the victims of the theater shooting in Aurora, Colorado. In September 2014, the Brady Center brought suit on behalf of her parents against Lucky Gunner LLC, Sportsman’s Guide, and two other vendors for “failing to screen the gunman and making it too easy for him to buy ammunition, tear gas and body armor.” The case was filed in Arapahoe County District Court. This case was part of the Brady Center’s so-called “bad apples” project.

The case was moved to US District Court for the District of Colorado in October 2014 under the diversity of citizenship doctrine. The plaintiffs were from Texas, the late daughter was a resident of Colorado, and the defendants were located in a variety of other states. The case was assigned to Senior Judge Richard Matsch.

Fast forward to late Friday afternoon. Judge Matsch ruled against the plaintiffs and awarded attorney fees to Lucky Gunner and Sportsman’s Guide.

Upon the foregoing, it is ORDERED that plaintiffs’ claims as to all defendants and
this civil action are dismissed. Pursuant to C.R.S. §13-21-504.5, defendants Lucky
Gunner and the Sportsman’s Guide are entitled to an award of reasonable attorney fees
and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3 within
14 days after entry of judgment pursuant to this order.

I hope to have more on this decision after I’ve had time to read and digest the opinion. In the meantime, I wonder if the Brady Center will be the ones paying the attorney fees or are they going to stick the parents with the bill.

I should note for the record that I am an affiliate of Lucky Gunner and a customer of Sportsman’s Guide. Indeed, when I got home from work on Friday, I found a package from Sportman’s Guide which contained, among other things, ammo.