ODESSA, Mo. -- The mother of Colby Weathers says she specifically told Odessa Gun and Pawn not to sell her daughter, who she says is mentally ill, a gun. She says they did and now her husband is dead.
"She was hospitalized several times, she's had several suicide attempts," said Janet Delana, the mother of Colby Weathers, who said her daughter has been diagnosed as a paranoid schizophrenic.
The Brady Center to Prevent Gun Violence is filing a lawsuit on behalf of Delana against Odessa Gun and Pawn claiming the store sold her daughter a gun back in June of 2012.
"Janet alleges that her beloved husband, Tex, was killed because of the negligence of Odessa," said Jonathan Lowy, the Director of the Legal Action Project for The Brady Campaign.
Delana said about a month before the tragedy, Weathers bought gun at Odessa Gun and Pawn. When she and Tex found out about it, they took it away.
"I just thought that maybe I'll be proactive and I would call the gun store just in case she tried to do it again," she added.
Delana said she provided the gun dealer with a background on her daughter's mental condition and her history of hospitalization. She said she gave the store her daughter's name, date of birth, and social security number.
"She bought a gun before, please, please, I'm begging you as her mother, don't sell her a gun again," Delana said.
But they did, and Delana said as a result, her husband lost his life.
"Two days later, and within an hour of that sale, Colby used that gun to kill her father," said Lowy.
"This isn't about a person's right to not own a gun or to own a gun. I own a gun myself, I have several family members who own guns, it's about responsibility," said Delana.
The Brady Center said Delana's daughter is currently in a mental institution and faces trial in April. Its lawyer refused to get into details about whether she passed the required federal background check or if she had filled out the ATF forms properly.
FOX 4 reached out to Odessa Gun and Pawn, but they say they have not been served with the lawsuit and declined to comment.