Suit claims gun dealer unlawfully marketed and sold bump stocks to gunman used in largest mass shooting in U.S. history
Washington, D.C., September 27, 2019 — On Thursday, September 26, 2019, the District Court of Nevada permitted victims of the Route 91 mass shooting in Las Vegas to proceed with their negligence claim against Slide Fire Solutions, LP, the company that marketed and sold the bump stock devices to the mass shooter. The shooter used these deadly devices to transform his firearms into devastating weapons capable of fully automatic fire, enabling him to kill 58 people in 11 minutes. The victims of the Route 91 mass shooting are represented by Brady Legal and the Eglet Adams law firm.
The court found that the Plaintiffs had credibly alleged that Slide Fire had knowingly violated the Nevada Deceptive Trade Practices Act (“NDPTA”) through false representations regarding the safety and lawful nature of its products, such as falsely suggesting that its bump stocks were "ATF Approved."
The court held that because of the sufficient allegations that Slide Fire knowingly broke a law applicable to the sale or marketing of firearms (NDPTA) and proximately caused the shooting, the Protection of Lawful Commerce in Arms Act (PLCAA) provided Slide Fire with no defense against Plaintiffs' negligence claim. The court underscored that "[a]ssuming Plaintiffs’ allegations are true . . . then Slide Fire’s purposeful campaign to promote bump stocks as akin to machine guns establishes a foreseeable risk that third-party criminals may use bump stocks in furtherance of a military style assault."
Brady President Kris Brown said the following:
“This victory comes at an important time. Tuesday marks two years since the devastating Route 91 mass shooting, known as ‘1 October,’ and victims are finally being provided a chance to secure the justice they rightfully deserve. The decision made by the District Court of Nevada is paving the path forward for the victims, and we can thank Brady Legal and the Eglet Adams law firm for that.”
Brady Chief Counsel and Vice President of Legal Jon Lowy said the following:
“No one in America should be above the law, and certainly not businesses that profit off supplying weapons of war to potential mass killers. We are happy that these victims can have their day in court. We look forward to examining the bump stock industry in discovery.”
Robert Eglet of Eglet Adams said:
“We are pleased with the court’s decision denying Slide Fire’s transparent efforts to dismiss this lawsuit and avoid their role in the 1 October shooting.”
Robert Adams of Eglet Adams said:
“Devices such as bump stocks should never have been sold to the general public under the guise of “assist[ing] persons whose hands have limited mobility to 'bump-fire' for an AR-15 type rifle” and other firearms.”
For 30 years, Brady Legal has fought for justice on behalf of those wrongfully injured and killed by gun violence. This step towards justice adds yet another chapter to that long history of holding gun dealers accountable when they decide to act unlawfully and irresponsibly.
Brady Legal applauds the court's decision to permit these victims to pursue civil justice against an unethical and unlawful gun industry actor. Brady will continue to use the courts to help hold Slide Fire and other bad actors responsible for the consequences of their wrongdoing and reform the firearms industry to create a safer and more just country for all.
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.