The 2023 Season Case is Here
An Introduction from the Case Committee Chairs
A small business is making big headlines.
Shooting Star Gun Club, LLC is a family-owned business located in West Pasquale, Empirion. It markets itself as a one-stop shop for anything and everything related to guns. The company boasts a full-service firearms shop, an indoor shooting range, training courses, and even a restaurant and bar for its customers. The charismatic owner, Skylar Coleman, is an Empirion native who has a clear vision – to create a community that feels safe and secure at home in the Sapphire State.
Enter Justice Carbo.
Also an Empirion native, Carbo has spent nearly their entire life on the island. But recently, several personal experiences have led them to fear for their safety. After being the victim of a robbery and multiple car burglaries, Carbo decided to buy a gun for self-defense. There was only one problem: Carbo had never owned, used, fired, or even held a gun before.
After doing some research, Carbo found Shooting Star Gun Club. On May 14, 2022, Carbo paid them a visit and completed a consultation. They decided to purchase a handgun.
Carbo returned to Shooting Star on May 28, 2022 to pick up their new gun and to attend a gun safety training course. Carbo arrived and was ushered to the company’s indoor gun range where they met Drew Cantrell, one of Shooting Star’s employees and a firearms safety instructor.
Then, disaster struck.
While demonstrating gun safety and handling practices, the gun fired twice in a row. The first shot sent a bullet into the shooting range. Then Cantrell lost control of the gun. The gun fired a second shot. The bullet struck Carbo in the leg. At some point during the accident, Cantrell’s elbow came into contact with Carbo’s left arm. Cantrell dropped the gun, causing it to fall to the ground. Witnesses on scene report varying accounts of exactly when the shot that struck Carbo was fired.
A bystander on scene called 911. The paramedics arrived and rushed Carbo to the hospital, where they were treated for their injuries. Carbo’s leg required major surgery and had to undergo physical therapy for rehabilitation.
Now, Justice Carbo sues Shooting Star Gun Club for negligent hiring, supervision, or retention of Drew Cantrell and for the reckless sale or entrustment of a firearm under Empirion law.
Carbo’s Case and Shooting Star’s Defense
Carbo claims that Shooting Star knew that their employee was unfit to teach the gun safety training course. The signs were everywhere: Cantrell had minimal experience as a firearms safety instructor. Cantrell had been formally reprimanded by Shooting Star multiple times before the accident. And Cantrell’s carelessness during the training course caused Carbo’s injury.
By contrast, Shooting Star says this was an accident neither they nor Drew Cantrell could have avoided. Cantrell was an Empirion state certified firearms safety instructor who received glowing reviews from customers. And the accident was caused because Carbo was standing too close to Cantrell during the shooting demonstration, and bumped into Cantrell’s arm, which caused the gun to redirect and misfire.
Pre-Trial Oral Argument: The History and Tradition of Firearms Regulation
In June 2021, the Empirion State Legislature enacted The Responsible Firearm Sales Practices Act, 20 Emp. Civil Code § 2007. This law prohibits selling or entrusting a firearm to a person whom the seller knows or should know from the totality of the circumstances is unfit to safely use, possess, or handle the firearm. The law took effect on January 1, 2022. Empirion lawmakers’ intent in enacting this statute was to promote safe firearm handling and prevent firearm accidents.
Shooting Star challenges the constitutionality of this new law. In response, Carbo’s counsel filed a motion seeking a pretrial ruling that its cause of action under this law comports with the Second Amendment to the United States Constitution. Shooting Star’s attorneys oppose this motion, asserting that the Empirion law is unconstitutional in light of the United States Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).
Why Gun Safety and Gun Rights?
Everyone agrees that gun violence is an issue. But everyone disagrees on what the solution should be. While we attempt to highlight perspectives on both sides of the discussion, this case is not about advancing any particular viewpoint. Instead, our goal is to call attention to important issues surrounding gun safety and gun rights.
On the issue of gun safety, this case file provides some of the most basic rules and practices for anyone handling a firearm. We hope to emphasize the immense risk that comes with using guns, and the equal importance of taking precautions to avoid injuries. The bottom line: guns can be safe only if used safely. For those of you who competed in Empire’s inaugural Spring Leagues and tried State of Empirion v. Sydney Amber (2023), we hope to carry over the dialogue from that case to the fall 2023 season.
On the issue of gun rights, the legal landscape is being developed each day. Students who argue the Pre-Trial Oral Argument will engage in legal analysis based on the country’s history and tradition. These are the same arguments being made on a daily basis in trial and appellate courts at both the state and federal levels. Whether arguing the constitutionality of an existing law, proposing new gun legislation, or engaging in discussion on pending gun regulation, these arguments are now at the forefront of the discussion.
Relatedly, given that people do carry guns and that there is a right to carry guns in this country, it is also important to understand the remedies that the law provides to a person injured by a firearm. At its core, this is no different than any other civil case in that a private citizen is provided with causes of action under both common law and statutory law. In our case, Justice Carbo seeks remedies under Empirion state common law in the form of a tort claim – negligent hiring, supervision, or retention – and under Empirion statute – reckless sale or entrustment of a firearm. In this sense, Justice Carbo’s claims mirror the manner in which a plaintiff in any state would bring such a suit.
We challenge students to think critically about current issues surrounding gun laws, use, and safety. While all of these are hot-button social and political issues, we know that the Empire Family is intelligent, mature, and more than capable of engaging in a respectful dialogue when trying this case.
We hope you enjoy Carbo v. Shooting Star Gun Club!
Nicholas Cotter & Christian Cotter
2023 Case Committee Co-Chairs