BUFFALO, NY (WKBW) — A legal victory for families who lost loved ones in the Buffalo mass shooting.
Buffalo Attorney John Elmore, who represents some of the families of the victims of the shooting, told 7 News Senior Reporter Eileen Buckley late Friday afternoon a judge has denied a motion by a gun accessory manufacturer to dismiss a civil lawsuit.
The civil lawsuit, filed by Elmore on behalf of the families, accuses Mean Arms of selling a locking device for the AR-15 assault weapon that allows a fixed magazine to be removed.
READ MORE: Lawyers push for Tops mass shooting lawsuit to move forward, defendants want case dismissed
Elmore explained that this allowed the gunman, Payton Gendron, to reload the weapon with a 30-round detachable magazine.
“Which made it more deadly because then Gendron was able to remove several gun magazines and go into Tops and murder multiple people,” explained Elmore. “It's horrifying. We believe had Mean Arms not marketed that weapon in New York State, the shooter would have not chosen that particular weapon or he just may have not had the nerve to go into Tops shooting because he ran out of bullets and somebody could have taken him out.”
But Friday afternoon State Supreme Court Justice Paula Feroleto denied a motion to dismiss the civil suit against Mean Arms.
“This is the first decision that a judge has made. It’s going to allow us to go to discovery to question the owners or salespeople at this corporation and continue to get justice for these families that lost their loved ones,” remarked Elmore.
Elmore noted that this is considered a victory for the families because the arms industry has very powerful lawyers and unlimited resources.
“We’re very pleased. The families that we represent are very excited about it,” replied Elmore.
Elmore says an important first step forward in the civil lawsuits against Mean Arms, the gun manufacturer, and social media companies. He noted this is just the beginning with the civil lawsuits, but for now, the families are pleased with today's decision as they continue to seek justice.
