An employee at Robb Elementary School in Uvalde, Texas, and the father of one of the young victims of the massacre which took place on May 24th are each attempting to bring lawsuits in separate actions against Daniel Defense, the maker of the semiautomatic rifle which was easily and legally obtained by the teenage shooter in the horrific attack that killed 21 people while police waited to take action.
Lawyers for Alfred Garza, father of 10-year-old Amerie Jo Garza, requested in a letter on Friday that gunmaker Daniel Defense provide information about its marketing to teens and children. Garza’s attorney, Josh Koskoff, led the case over the Sandy Hook Elementary School shooting in Newtown, Connecticut in 2012, which led to a $73 million settlement by gunmaker Remington in February. It marked the first significant settlement over a mass shooting against a gunmaker.
Gun manufacturers are generally shielded from lawsuits over the criminal use of their firearms by a federal law called the Protection of Lawful Commerce in Arms Act, or PLCAA. However, the Connecticut Supreme Court in 2019 ruled that gun company Remington Arms could be sued by families of Sandy Hook victims under a PLCAA exception because the gunmaker Remington allegedly violated state marketing laws.
Can you imagine a beer or tobacco company using a toddler to sell, promote, justify the selling of its products the way gun maker Daniel Defense did with this ad?
And yet this ad was barely noticed or condemned until an 18 year old bought a similar rifle and shot up a school. pic.twitter.com/apAebpYPFT
— Ayman (@AymanM) May 27, 2022
No lawsuits have yet been announced against Daniel Defense stemming from the shooting, but the process has begun. “We ask you to begin providing information to us now, rather than force Mr. Garza to file a lawsuit to obtain it,” said the letter to the gunmaker, who has posted pro-gun messaging on their social media accounts that seem to be directly suggesting children use guns from a young age.
— Sïstēr Märy Bäphømēt🇺🇦 (@marybaphomet) May 29, 2022
In the other current legal action, Robb Elementary School speech pathologist Emilia Marin filed papers in Texas state court seeking an order to depose Daniel Defense and force the company to turn over documents, also related to its marketing.
— The Tennessee Holler (@TheTNHoller) May 28, 2022