That depends...this is case law in about 38 or so states. Dram shop liability is that a bar, bartender or host can be held strictly liable but only if they continue serving alcohol to someone that is obviously drunk or close to being drunk. If what I recently read is accurate, I think CA just did away with the strict liability piece since there is an intervening piece to all of this...namely the drunk person and their actions. That is not what this is about though. This guy could have just as easily shot her with a bow, stabbed her with a knife, used a club to beat her to death...there are numerous ways to kill a person. The gun may have made this easier but this guy was intent on killing her and no one was paying attention that could have stopped it.