A lawsuit filed against sporting equipment retailer Gander Mountain by the family of one of the victims of the American Civic Association shooting in 2009 in Binghamton has been dismissed.

Layla Saman Khalil's husband filed the $3.75 million dollar lawsuit claiming the employees of the chain's Johnson City store were negligent in selling guns to shooter, Jiverly Wong.

The judge ruled there were no red flags or official restrictions prohibiting Wong from buying guns. The judge said the employees had no way of knowing the Westover man could pose a threat to others or himself.

Thirteen people died when Wong opened fire at the ACA on Front Street, Binghamton in April, 2009.  Wong took his own life before police were able to gain access to the building.

The Gander Mountain Johnson City store is no longer in business. It closed after being flooded in 2011 and the company decided not to rebuild or relocate.

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