Survivors of a 2017 mass shooting at a church in Texas say they find themselves frustrated, confused, and angry as the DOJ nears its deadline to appeal the decision that found the federal government liable in the attack that killed 26.
Critics of the Justice Department’s potential appeal, including, said the agency's stated arguments undermine the background check system — a cornerstone of President Joe Biden's gun policy priorities. The government's lawyers claimed during the first trial that the gunman could have purchased firearms elsewhere, even if a background check would have prevented him from legally purchasing them from a licensed gun dealer.
In July 2021, the government was found liable for failing to provide records that could have kept Devin Kelley from acquiring the weapon he used in the shooting at the First Baptist Church in Sutherland Springs, and It also did not warn others of a pattern of behavior that led to him being banned from all U.S. military bases. The Air Force was aware of death threats he made against his family, military security forces, police officers and members of his squadron, court records show.
“The gun lobby can’t wait until they file this appeal because then they’ll say, ‘Look, even the Biden says they don’t have to follow background check laws because they don’t really work,’” he said. Hailey McNulty, who survived the shooting as a 15-year-old, seemed to think that might be the case. She was shot five times and recovered, but continues to be physically and emotionally affected after the shooting. Her mother who pushed her under a pew and attempted to protect her was shot in the head and died inches from her during the attack.
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