ACA shooting lawsuit dismissed

By Perry Russom

September 24, 2013 Updated Sep 25, 2013 at 12:41 AM EDT

(WBNG Binghamton) A federal judge dismissed the multimillion-dollar lawsuit against Gander Mountain, which sold two guns used to kill 13 people at the American Civic Association in 2009.

Samir Al-Salihi's wife, Layla Salman Kahlil, was killed in the shooting in 2009. Al-Salihi sued Gander Mountain in 2011 for $3.5 million.

He claimed ACA gunman Jiverly Wong acted in an angry manner and used aggressive language when buying the two guns he used in the shooting from the Johnson City sporting goods store.

The lawsuit claimed Wong's actions should have been red flags for the store to prevent them from selling the guns.

A federal judge ruled there were no evidence to back up those claims.

Surveillance video from the store shows Wong standing calmly in the store. He never behaved in an aggressive, threatening or angry manner, according to court records.

The case was officially dismissed Sept. 20.

Wong held a firearms permit in Broome County for 12 years and court records show no criminal activity or complaints between the permit being issued and the mass shooting.

His permit was never suspended or revoked.

Court papers say Gander Mountain employees could decline gun sales if a customer appeared mentally unstable or was belligerent in the store. It is up to the discretion of the employee.

The two guns that were recovered from the ACA after the shooting were both bought from Gander Mountain in Johnson City where Wong was known as a "regular."