Families of Kingsessing mass shooting victims sue ghost gun retailer
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Several families of victims in Philadelphia's Kingsessing 2023 mass shooting are suing a firearms retailer, accusing it of selling "ghost gun" components to the alleged shooter.
The big picture: Ghost guns — untraceable firearms that are unregistered and privately assembled via a kit or with a 3D printer — account for a significant portion of the guns seized in Philadelphia that are used in crimes, police have said.
- The lawsuits aim to hold Indiana-based 80-Lower accountable for sales practices that the families say make it easy to evade state-mandated background checks and other safety regulations.
Driving the news: Four of the five victims' families have filed lawsuits in Philadelphia court in recent weeks against 80-Lower; its parent company, Tactical Gear Heads; and Chad Myers, who is listed as the owner of both businesses.
- They allege that the retailer "negligently entrusted" gun parts to Kimbrady Carriker — who authorities accuse of opening fire on people in the Southwest Philadelphia neighborhood with an AR-15-style rifle.
- The suits name Carriker as a defendant and assert that he purchased a receiver from the company before the shooting spree.
- The families are seeking unspecified damages.
Catch up quick: Carriker is charged with murder, attempted murder, aggravated assault, and weapons offenses in the 2023 shooting. His case is still pending, and his attorneys have indicated they are likely to put on an insanity defense at trial.
- Carriker had a previous state firearms conviction and couldn't own a gun under Pennsylvania law, per the lawsuits.
What they're saying: 80-Lower "created a way for a convicted criminal such as Kimbrady Carriker to circumvent the protections, laws and rules," Marie Merritt, the mother of 22-year-old victim Lashyd Merritt, alleges in the lawsuit.
The other side: Myers didn't respond to Axios' requests for comment by phone and email.
Zoom in: The lawsuits allege 80-Lower intentionally markets its products to people looking to evade background checks and recorded purchases.
- The complaints cite an advertisement that says, "Free men don't ask for permission. Built not bought."
Between the lines: Gun sellers and manufacturers are typically immune under federal law from lawsuits brought against them for crimes committed by people who purchased their firearms, says attorney Shanin Specter of Kline & Specter, a law firm that filed two of the lawsuits.
- But arguing the gun seller negligently entrusted Carriker with the firearms parts could allow the families to pierce the immunity and prevail in court, Specter tells Axios.
What we're watching: The mother of 15-year-old DaJuan Brown, the youngest victim in the shooting, is planning to sue the city of Philadelphia, along with Pennsylvania-based gun parts retailer JSD Supply, and its owner, Jordan Vinroe, and another company based at the same address, Patriot Enterprises Worldwide, per a writ of summons obtained by Axios.
- Vinroe and JSD Supply didn't respond to Axios' requests for comment. Axios couldn't reach Patriot Enterprises Worldwide for comment. The city declined Axios' request for comment.