Metro

The parent corporation of a Clearfield firearms store has asked a federal judge to dismiss a lawsuit brought by the mother of a murder victim, who claims the company and the store had a duty to prevent the alleged “straw purchase” of the gun used in the killing.

The lawsuit was filed earlier this year by Jodi Lynn Parks of Clearfield County.

Her son, Kodey Lee Parks, 33, was shot to death on Feb. 24, 2024, during a custody exchange with his estranged wife, Danielle Parks, and her boyfriend, Bryan Michaelis, in a home in Morris Township.

Michaelis, it was charged, used a gun purchased the day before at a Rural King firearms store located at 260 Plaza Drive, Clearfield.

According to a lawsuit filed by the mother, Michaelis was an individual with a criminal record which barred him from purchasing and possessing a firearm.

Danielle purchased the gun, and, the lawsuit charged, handed it to Michaelis while the couple was still in the store.

The Parks lawsuit contends that Rural King employees had a duty “to pick up on, and intervene on the suspicious activity of Parks and Michaelis while inside the store.”

But, Rural King, through Pittsburgh attorney Kevin C. Harkins, has asked U.S. District Judge Stephanie L. Haines to dismiss the lawsuit.

The attorney for Rural King argued that federal law, through the Protection of Lawful Commerce in Arms Act, bars lawsuits like this one against manufacturers and sellers of firearms.

The legislation was passed in 2005 by Congress to curb the many lawsuits being brought against gun companies based on the misuse of firearms by third parties, including criminals.

Rural King reported that the Pennsylvania Supreme Court, in a decision last year, confirmed the constitutionality of the federal law.

Also, Rural King maintains “there is no duty to protect individuals from the unforeseeable acts of third parties — absent a special relationship.”

The Rural King answer explained: “There is no basis to conclude based on allegations in the (Parks lawsuit) that Rural King was a substantial factor in bringing about the murder of Mr. Parks.”

It emphasized the federal law protecting manufacturers and sellers of arms “prohibits this case from being brought in any Federal or State Court.”

The answer concluded, “The pleading of Rural King’s sale practices is far too remote from the shooting of Mr. Parks to constitute a substantial factor in bringing it about.”

The mother’s lawsuit not only names Rural King as a defendant, but also includes KelTec Industries of Florida, the company that manufactured the P-17 semiautomatic pistol used in the Parks killing.

KelTec is also seeking dismissal of the Parks lawsuit, contending it is protected from lawsuit by the PCLAA.

And it maintains there is “no duty to protect individuals from unforeseeable criminal acts of third parties.”

KelTec is being represented by Pittsburgh attorney Darren M. Newberry.

In an order issued this week, Haines indicated Jodi Parks has until June to respond to the KelTec request to dismiss by June 23.

Both Danielle Parks and Bryan Michaelis are serving life terms for the murder of Kodey Lee Parks.

Michaelis is incarcerated in the State Correctional Institution in Fayette County while Danielle Parks is in SCI Muncy.