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Online Ammunition Seller Luckygunner, Who Sold Ammunition to a Minor That Resulted in a Mass Shooting, Settles with Everytown Law to Uphold Age Verification System

Stone, et al. v. Pagourtzis, et al.

11.28.2018

Everytown Law represented the family of Sabika Aziz Sheikh in Stone v. Pagourtzis, a case that settled with a first-of-its-kind agreement that requires online ammunition seller Luckygunner to maintain an age verification system at the point of sale for all ammunition sales. 

Sabika Aziz Sheikh was a Pakistani exchange student who was murdered in a mass shooting at Santa Fe High School on May 18, 2018. On November 28, 2018, Everytown Law filed a petition on behalf of Sabika’s family to join Stone v. Pagourtzis, a case brought by other family members and survivors of the mass shooting against the parents of the shooter, who killed 10 and wounded 13 of his classmates and teachers. The case alleged that the shooter’s parents negligently stored their firearms in a manner that allowed their son to murder 10 students and teachers and wounded 13 more. 

On March 4, 2020, Everytown Law filed an amended petition, adding negligence and conspiracy claims against Luckygunner (an online ammunition sales website), its founders, and two related companies. The petition alleged that Luckygunner and its affiliates negligently and illegally sold and delivered ammunition to the underage shooter. Federal law prohibits selling handgun ammunition to children under the age of 18. The shooter was 17 when he seamlessly purchased handgun ammunition that he used in the shooting from Luckygunner.com.

Over the next two years, the Luckygunner and related defendants filed multiple motions in various courts in an attempt to delay or dismiss the case. Each time, Everytown Law was successful in opposing these motions. First, they removed the lawsuit from state court to federal court. On December 7, 2020, the U.S. District Court for the Southern District of Texas sided with the plaintiffs and remanded the case to Texas state court. Next, they moved to dismiss the case from Texas state court arguing that they were entitled to immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). On March 18, 2021, the court denied the motion. On April 13, 2021, they filed a petition of mandamus to the Court of Appeals for the Fourteenth District to appeal the ruling on the motion to dismiss. The Court of Appeals for the Fourteenth District denied their mandamus petition. On June 3, 2021, they filed a petition of mandamus to the Supreme Court of Texas. On February 18, 2022, the Texas Supreme Court denied the mandamus petition.  

Finally, all of the defendants related to Luckygunner filed motions to dismiss for lack of personal jurisdiction in Texas state court. On November 29, 2022, the court granted the motions of the individual defendants and the parent company, MollenhourGross, but denied Red Stag Fulfillment’s motion. 

On February 9, 2023, the parties announced a settlement in the case. The settlement requires Luckygunner to maintain an age verification system that will refuse a sale to anyone whose age cannot be verified or who is verified to be under 21. The remaining terms of the settlement are confidential.

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