In an interesting short article, Professor John Culhane, of the Family Health Law and Policy Institute at Widener University Delaware Law School, argues that the victims of the recent mass shooting in Texas have a good chance to win a claim against the federal government. As discussed in other posts on the subject, the gun industry is well protected by statute, but in his article Prof. Culhane focuses on the possible liability for the Air Force’s "unexplained and appalling failure to enter the shooter’s domestic-violence conviction into a national database that would have prevented him from obtaining a firearm is actionable." He discusses the applicability of the Federal Torts Claims Act to conclude that he thinks the case against the Air Force is strong.
In addition, he argues that Congress should pass specific legislation entitling the victims to compensation
outside of the judicial process because "the government almost
surely was at fault." He argues that "[t]hat’s the easiest,
and the fairest, thing to do in this case. Victims shouldn’t have to
multiply their pain by slogging through what would surely be a painful
case, leading to no certain outcome"
You can read the full article there.