SAVANNAH, Ga. (WSAV) – A woman who says she hid from the gunman at Robb Elementary School in Uvalde, Texas, as he killed 21 people is pointing a new legal filing at Daniel Defense in Bryan County.
That’s after confirmation that the gunman bought the AR-15 style rifle used in the massacre from the gun manufacturer. The shooter turned 18 the day the gun was purchased.
“In this situation, we’re looking at whether Daniel Defense marketed to children or marketed to people it might be inappropriate to market to,” said Donald Flanary III, an attorney in San Antonio who is representing the petitioner in the filing. “We know that the shooter formed his intent to acquire these firearms before his 18th birthday.”
Flanary emphasized that this is what is known in Texas as a pre-suit deposition. The filing indicates that the petitioner will seek answers to a list of questions, including how many AR-15 style rifles Daniel Defense has sold in the last decade, to whom those weapons have been sold and how much profit the gunmaker has made in that time.
The filing also says the company has marketed products associating firearms and minors by posting on social media.
“Daniel Defense, through their social media posts, encourages adults to purchase firearms and put them in the hands of children,” said Flanary.
“So, we need to investigate those marketing practices because they (Daniel Defense) may have crossed the line,” said Flanary, “they may have been irresponsible and they may have done things for which they won’t have immunity.”
The attorney said shield laws do prevent gun manufacturers from being sued for how someone may use a weapon, but he says depending on the answers to the investigation they want to launch, a lawsuit over marketing practices may be a future possibility.
“There has obviously been a big back and forth about whether there should or shouldn’t be gun laws but we’re not talking about gun laws,” said Flanary. “We’re talking about gun manufacturers being good public citizens and not doing things that endanger our community just because they want to make money.”
Flanary said one can support the Second Amendment and still want to know what the gun manufacturer is doing in terms of its marketing.
The filing also indicates that four AR-15-style weapons purchased from Daniel Defense were found in the hotel run of the gunman who committed the horrific 2017 mass shooting in Las Vegas in which 60 people died.
“And the question is whether Daniel Defense did anything differently after Las Vegas to mitigate anything or was it just business as usual? So that’s what we want to find out that’s what we want to know,” said Flanary.
The attorney says the filing seeks to compel Daniel Defense officials to participate in a deposition to provide answers to the petitioner’s questions.
WSAV News 3 reached out to Daniel Defense for comment but did not hear back.