Reported / Citable
Background
Beau Harbison sued SIG Sauer, firearm retailer Shoot Straight, Inc., and holster maker American Concealment Solutions after his SIG P365 allegedly discharged while holstered as he exited his vehicle in Lake Jackson, Texas. The discharge allegedly struck his leg and severed his femoral vein.
Harbison bought the handgun from Shoot Straight’s Apopka, Florida store in May 2023, when his purchase identification listed a Florida residence. Shoot Straight moved to dismiss for lack of personal jurisdiction, and Harbison relied only on specific jurisdiction in Texas.
The Court’s Holding
Magistrate Judge Andrew M. Edison recommended denying Shoot Straight’s dismissal motion without prejudice to renewal after limited jurisdictional discovery. The recommendation concluded that Harbison had not yet made a prima facie showing of specific jurisdiction because his complaint’s collective, generalized allegations did not identify Shoot Straight’s Texas-directed conduct or show that it served a Texas market for the firearm at issue.
Still, the recommendation found that narrowly focused discovery could supply facts material to jurisdiction. It would permit discovery solely on whether Shoot Straight served a Texas market for firearms between January 1, 2021, and August 16, 2024, plus a Rule 30(b)(6) deposition on that subject. The proposed discovery excludes broad merits discovery and irrelevant inquiries into sales of accessories, ammunition, and other merchandise.
Key Takeaways
- Specific-jurisdiction allegations must be defendant-specific; collective allegations against multiple defendants were insufficient here.
- Harbison did not adequately allege that Shoot Straight marketed or sold firearms into Texas or otherwise served a Texas firearms market.
- A plaintiff who has not made a prima facie jurisdictional showing may still receive narrow discovery when it could uncover facts necessary to do so.
Why It Matters
The recommendation illustrates the distinction between inadequate pleading of forum contacts and a record that forecloses jurisdiction altogether. A retailer’s Florida sale to a then-Florida resident did not itself establish Texas jurisdiction, but possible Texas firearms-market activity could bear on whether the retailer may be sued there for a Texas injury.
The recommendation is not a final dismissal ruling. The parties may object within 14 days, and, if adopted, Shoot Straight may renew its jurisdictional challenge after the limited discovery is completed.