Galliher v. Cabela’s
A major gun retailer sold a convicted felon a “black powder” antique gun, which he used to fatally shoot his neighbor. Brady, with Cooper & Elliott, sued the gun dealer alleging that it illegally sold a black powder gun.
Cabela’s in Wayne County, Ohio sold an antique “black powder gun” to Paul Claren, a convicted felon and prohibited purchaser. “Black powder guns” are fully-functional replicas of antique rifles, shotguns, or handguns and are considered by Ohio and a handful of other states to be equivalent to modern firearms for the purposes of purchase and possession laws, and are subsequently prohibited for violent convicted felons. Despite having a criminal record, Cabela’s sold Claren the firearm.
On August 18, 2016, in a verbal dispute on his front porch, Paul Claren used the black powder firearm he purchased from Cabela’s to fatally shoot 21-year old Bryan Galliher.
On August 7, 2018, on behalf of Bryan Galliher’s family, Brady and Cooper & Elliott filed suit against Cabela’s, alleging that the company negligently and illegally sold a black powder firearm to Paul Claren, a violent and prohibited purchaser.