The suit by the victim’s family contends that Cabela’s – a defendant along with Klocek and the Elma couple – “knew or should have known its failure to use reasonable care” in selling the ammunition to someone like Klocek would result in serious injury or death.
But that claim hinges on the fact that Klocek, under 21 at the time, could not legally buy handgun ammunition.
However, he could legally buy long gun ammunition. And as Cabela’s attorneys point out, the ammunition in question – .45 ACP – can be used in both handguns and rifles. If the clerk asks and the buyer says it’s for a rifle, how is the store supposed to know, short of having a polygraph machine at every register?
"Column: Cabela's ruling a warning shot against gun rights myopia"
1Column: Cabela's ruling a warning shot against gun rights myopia