here's my take, based on the article and discussions I had in the forum I found this at, I didn't have time to post last night as I was in a hurry
k-mart is not responsible for the death, that's the personal responsibility of the guy who pulled the trigger.
but it looks like k-mart broke the law when they sold it, and if so, they should be punished for it.
But Sandra and Phil Eslinger allege Kmart violated federal gun laws when their sales clerk _ a high school acquaintance of Eslinger's _ sold him the shotgun without seeing proper identification. Eslinger used his passport that did not show his address, a requirement for gun-sale paperwork. The Eslingers also allege Kmart was negligent in its hiring and employee training.
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if this part is true k-mart broke the law
He was involuntary committed in 1996 after cutting his throat in a suicide attempt.
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isn't it illegal to for committed people to buy a gun, shouldn't NICS have caught that?