First Legal Action Against Gunmaker Daniel Defense Filed After Uvalde

Faye Higbee
daniel defense

The first legal action, a pre-suit petition, against gunmaker Daniel Defense was filed on Thursday on behalf of Uvalde School staff member Emilia Marin. Two Daniel Defense rifles were used in the shooting. The petition is designed to determine whether or not the gunmaker can actually be sued under the PLCAA for the actions of a shooter who had obvious mental issues. The precedent of Remington Arms could be a problem for Daniel Defense.

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Emilia Marin was delivering food to the school for an end-of-the-year party when she saw the crash of the pickup.

Flanary said Marin went inside to grab her cellphone to call 911 about the crash. As she was on the phone with 911, she went back outside and saw the 18-year-old gunman hopping a fence, coming toward the school with a weapon strapped across his chest. 

Marin had propped open a door to the school building with a rock when she had gone outside, Flanary said. When she ran inside to hide from the shooter, she kicked the door closed, he said. 

The door became one of many details about the massacre that authorities initially provided incorrect details about.  At first, they told the public an unidentified staff member left a door open, enabling the gunman to enter; officials later said school video footage showed she had closed the door and that it hadn’t automatically locked as it was supposed to.

The confusion added to the trauma that Marin, who was not physically harmed in the shooting, has endured, Flanary said.

“She is not well psychologically. She is a wreck. She’s been to her doctor and she’s continuing to receive treatment. It’s going to be a long road ahead, as it is for so many other people.”


Lawsuit-happy attorneys want the same kind of settlement that the gun manufacturer Remington had to pay out after Sandy Hook… the one that eventually sent them into bankruptcy and ultimate breakup. The real questions have nothing to do with Daniel Defense and their “marketing to young people” – they have to do with how a mentally ill 18 year old got nearly $10,000 to buy two exceedingly expensive rifles. And the real truth as to why he was not in the NICS database had to do with his mental problems that people on social media knew about but said nothing. A gun manufacturer has nothing to do with what a crazed person does, but the left continues to target the guns.

We are deeply saddened by the recent tragic events in Texas. Our thoughts and prayers go out to the families and community devastated by this evil act.  

As reported in Governor Abbott’s press conference, it is our understanding that the firearm used in the attack was manufactured by Daniel Defense. We will cooperate with all federal, state, and local law enforcement authorities in their investigations.  

We will keep the families of the victims and the entire Uvalde community in our thoughts and our prayers.

Daniel Defense statement

Of course all of the people who were at Uvalde during the shooting will have issues- PTS is common, expecially after any traumatic experience. It will take time and distance from the incident, and even then the memories will not go away.

In Texas, Rule 202 allows parties to a lawsuit broad powers to investigate a situation prior to filing an actual lawsuit in the “proper court.” The plaintiff must be directly connected to the incident for which the suit is filed.


Featured screenshot of Daniel Defense weapons via Global Media Literacy

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