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State court says case against a Baxter Springs gun shop owner can be heard

Updated:

The case against a Baxter Springs gun shop owner could be heard in Cherokee County District Court after the Kansas Supreme Court reverses a ruling.

Elizabeth Shirley, the wife of Russell Graham, filed a liability lawsuit against the owners of Baxter Springs Gun and Pawn Shop.

In 2003 Graham killed his son and himself with a shotgun bought at the shop by his grandmother.  The shop initially denied Graham from purchasing a gun because he was a felon.

Cherokee County District Court originally ruled against Shirley and dismissed the case.

But the Kansas Supreme Court justices says firearms dealers must use the highest degree of care in preventing selling to felons.

The shop owner has 30 days to appeal the new ruling.

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