Families of the victims and survivors of the mass shooting at the Tops on Jefferson Avenue are suing social media companies, gun manufacturers and dealers, and individuals they say should be held accountable for what ultimately unfolded on May 14, 2022.

On Thursday, the weapons used by the shooter were the focus in the courtroom for oral arguments.  

Inside a state Supreme Courtroom in Buffalo, a judge heard from attorneys who argued over whether people and businesses that made or sold a gun, gun parts and body armor to convicted mass shooter Payton Gendron can be sued in a civil trial.    

Attorney Terry Connors, who represents victims and their families, argued that two key figures of Iowa-based RMA Armaments, should be held responsible for design, marketing and sale of body armor the shooter wore during his attack. He says the lead salesperson with RMA interacted directly with Gendron on social media.

The opposing lawyers say the product was legal in New York state at the time of the sale, and they did not know what Gendron intended or where he was located and the case against them should be dismissed.

“It’s time that we held the individuals who are directly responsible in the line of sale directly responsible for the reckless marketing accountable,” said Connors. “Not just the corporations, but the individuals. And that’s what we intend to do.”

In other arguments, victims' attorneys say that MEAN, the company that produces a gun lock that Gendron removed to modify his gun and use high-capacity magazines in his attack, should also be held responsible. They say the company knows the lock can be modified to make it illegal in violation of New York’s SAFE Act.  

That company’s lawyers argue federal gun laws shield them from liability for criminal or unauthorized use, and it had no interaction with Gendron or knowledge of his plans.

Victims' families and survivors are also taking legal action against Vintage Firearms, the gun shop in Endciott where Gendron purchased the AR-15 style rifle. Their attorneys say the owner never should have sold the gun to Gendron because of red flags, including alleged discussions with the shop owner about how to illegally modify the gun.

The seller’s lawyer says when he sold the gun, it met the legal standards and Gendron passed a federal background check.

“'I want to buy this specific weapon that has a lock where you can remove to make it carry interchangeable high-capacity magazines and then discuss with the gun owner how to convert it to make it illegal.’ That’s just plain wrong and he’s responsible,” said Elmore. “And if that did not happen, these people that are in the courtroom today wouldn’t be in the courtroom because their loved ones would be alive.”

Defense attorneys declined to comment. State Supreme Court Justice Paula Feroleto says she’ll reserve her decisions on the motions to dismiss likely until next week through the end of the month.

On Friday, the civil cases continue with arguments on how social media and tech platforms like Facebook and Reddit contributed to radicalizing Gendron and whether they can go to trial to be held liable.