BUFFALO, N.Y. — There's new information about a lawsuit filed by some of the family members of the Tops shooting victims.
Judge Paula Feroleto has denied a motion to throw out the civil case.
2 On Your Side has learned that a motion to dismiss a lawsuit filed in connection to the Tops mass shooting has been denied.
Just last week, the civil case against Mean, LLC returned to federal court. Mean, LLC is a gun manufacturer that specializes in custom weapons. It is the company that made the fixed magazine locking device installed on the gun used in the shooting.
Some of the victims families are suing the gun manufacturer, claiming they are partially responsible for the May 14 massacre that killed 10 Black people.
Attorneys for Mean, LLC filed a motion to dismiss the case, but the judge denied the motion. That means the case will move forward.
2 On Your Side spoke with one of the attorneys representing the families in this case.
"The firearms industry has a pretty strong statute that protects them from lawsuits like ours. It's called PLCAA. PLCAA is short for Protection of Lawful Commerce and Arms Act, but in order to have that PLCAA protection, the product at issue has to be a component part of the weapon. Judge Feroleto's decision states unequivocally that this locking device is not a component part of the weapon and denied their motion in its entirety," attorney Kristen Elmore-Garcia said.
"This is a major win for our community. It's a first-of-its-kind decision. There's never been a judicial opinion on whether a magazine fixing locking device such as this is considered a component part of a firearm for purposes of PLCAA, which is the statute that protects the gun industry."
Mean, LLC is one of several companies, including social media companies, named in the lawsuit. The were other motions to dismiss made by other companies that the judge still has to rule on. Elmore-Garcia says they include the gun store and several social media companies.
This decision means the case can move forward.
You can read the decision here: