KNOXVILLE (WATE) – A federal judge has dismissed the civil lawsuit against a Knoxville based company and others that sold ammunition or firearms supplies to James Holmes before the Aurora theater shooting.
An investigation by the Saint Louis Post Dispatch found that gunman James Holmes purchased over 4,000 rounds of ammunition through the website LuckyGunner.com, which does business as BulkAmmo.com and SportsmansGuide.com. The company is based in Knoxville and owned by two University of Tennessee graduates, Joran Mollenhour and Dustin Gross.Previous story:Jury convicts Colorado theater shooter of murder
According to court documents, Holmes purchased a 100 round drum magazine, 500 rounds of 12 gauge ammunition, 200 rounds of 12 gauge ammunition, hearing protection and a laser site from www.SportsmansGuide.com. Separately, on June 28, 2012 Holmes purchased at least 2050 rounds of .40 caliber ammunition, 2250 rounds of .23 caliber ammunition and 24 rounds of 12 gauge shotgun shells from BulkAmmo.com.

The lawsuit claimed that LuckyGunner.com established and operated businesses which “attracted and catered to dangerous persons such as Holmes, yet failed to implement any reasonable safeguards to prevent dangerous people from obtaining high-capacity ammunition magazines, thousands of rounds of ammunition, body armor and tear gas.” It also claims they failed to reasonably screen to prevent dangerous people from obtaining arms.
The plaintiffs in the case were Sandy and Lonnie Philips, parents of a victim. A lower court judge dismissed the case in March, then an appeal by the plaintiffs was dropped Tuesday.
Senior District Judge, richard P. Matsch, noted that the pro-gun control Brady Center appeared to be sponsoring the case, using it as an opportunity to “propagandize the public and stigmatize the defendants.” He ordered that Lucky Gunner get $111,971.10 in costs and legal fees.
Last week, Holmes was found guilty of all 165 counts. Starting Wednesday, they will hear what is expected to be a month’s worth of testimony over whether Holmes deserves the death penalty.