Her filing appears to be the first court action in the massacre. It is not officially a lawsuit, but rather a pre-suit petition that seeks to determine if the gunmaker can be sued for how it markets its weapons. The state of Texas gives parties broad power to investigate potential claims prior to the filing of a lawsuit under a unique provision called Rule 202.
Marin’s filing also requests information about the Daniel Defense AR-15 style rifles that authorities said were found in the hotel room of the gunman who committed the 2017 Las Vegas mass shooting, to see if the company did anything differently in its marketing after that massacre.
“Everybody knows that school shootings are happening. It’s an epidemic. So we want to know, what are they doing to change their marketing practices?” Flanary said.
Specifically, he added, when it comes to the Uvalde gunman, “we’re trying to investigate, did they market to this person? Did they do something that caused him to want to buy the gun, when he just shouldn’t have? And that’s what we’re really concerned about.”
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