Kansas Court Remands Case of Gun Shop Liability
Associated Press - July 19, 2013 6:42 pm
Kansas has asked a court to dismiss a lawsuit filed by a national gun control group against a state law that challenges federal authority to regulate firearms.
Justices of the Kansas Supreme Court have reversed lower court rulings in a lawsuit seeking to hold a southeast Kansas gun shop liable for selling a firearm later used by a convicted felon to kill his son.
The justices held Friday that firearms dealers must use the highest degree of care in preventing the sale of guns to a felon. The case goes back to district court for further proceedings.
The case involves the 2003 murder-suicide of Russell Graham of Baxter Springs, who used a shotgun bought by his grandmother to shoot himself and his son. Graham was initially denied the sale of the gun by the shop owners.
Elizabeth Shirley, the wife of Russell Graham, filed the liability lawsuit against the owners of Baxter Springs Gun and Pawn Shop.