According to the article Bass Pro is gonna have to pay out.
From the article:
"So why did Cabela’s sell Claren the firearm, despite his criminal record and violent past? It appears the retailer made the sale because it complied with federal law rather than Ohio state law.
As a police officer and chief investigator for the Stark County Coroner’s Office explained, federal law did not require Claren to undergo a background check to purchase the replica of the antique firearm. However, Ohio’s state law did require a background check."
https://bearingarms.com/micah-r/2018/08/08/cabelas-facing-lawsuit/amp/
From the article:
"So why did Cabela’s sell Claren the firearm, despite his criminal record and violent past? It appears the retailer made the sale because it complied with federal law rather than Ohio state law.
As a police officer and chief investigator for the Stark County Coroner’s Office explained, federal law did not require Claren to undergo a background check to purchase the replica of the antique firearm. However, Ohio’s state law did require a background check."
https://bearingarms.com/micah-r/2018/08/08/cabelas-facing-lawsuit/amp/
Cabela’s Faces Lawsuit After Man Who Purchased Antique Firearm Committed Murder
Posted at 3:00 pm on August 08, 2018 by Micah Rate
Outdoor retailer Cabela’s is facing a lawsuit after one of its stores sold a firearm to a man prohibited from owning one. The man, now 69-year-old Paul Claren of Ohio, later used the gun to murder 21-year-old Bryan Galliher in 2016.
According to The Columbus Dispatch, Cabela’s sold Claren an 1858 Army .44-caliber black powder revolver in 2014, along with a black powder loading kit nearly a year and a half later: