Texas District Judge Karen Pozza on Monday denied a motion for summary judgement, allowing a lawsuit to proceed against Academy Sports and Outdoors, where a Devin Kelley bought the gun used in the Southerland Springs church shooting.

The main issue in this case is whether the definition of a firearm includes the magazine that the gun was sold with.

The plaintiffs allege that Academy Sports is liable because an employee at one of the store’s locations sold the gunman a high capacity magazine, which is illegal in the state of Colorado, where he lived. In addition to this civil case, several families are also suing the federal government for negligence. On six occasions, the federal government allegedly failed to report information that would have stopped Kelly from purchasing a gun.