Sent to us by a reader.
A trial over whether a gun shop bears responsibility for selling a weapon that was ultimately used to seriously injure two cops is under way in Wisconsin.
Milwaukee police officer Bryan Norberg and former officer Graham Kunisch accuse Badger Guns, a firearms store in West Milwaukee, of negligence for selling a Taurus handgun on May 4, 2009, to straw buyer Jacob Collins, who in turn gave it to Julius Burton, an 18-year-old with a criminal history, according to reports.
Both Collins and Burton got prison time after Burton allegedly used the firearm to shoot the officers June 9, 2009. Kunisch was struck in the face and lost his left eye.
The Brady Campaign to Prevent Gun Violence has filed a lawsuit against Badger Guns on behalf of the officers.
“Badger’s record of selling crime guns is worse than 99.9% of other dealers, and is significantly worse than some dealers among the worst 0.1%,” the complaint reads.
The nonprofit alleges that Badger has sold an average of more than 10 “crime guns” a week and accounts for two-thirds of all crime guns recovered in the state.
Norberg and Kunisch say that Badger knew or reasonably should have known that selling the .40 caliber handgun to Collins was illegal.
Collins and Burton entered the store together, Burton picked out which gun he wanted, and Collins even wrote that he was not the actual buyer of the weapon while completing a Firearms Transaction Board form, according to the complaint.
“Rather than terminate the sale and contact police about this unlawful straw purchase attempt, Badger Guns conspired with Collins to change his answer to claim falsely that he was the actual buyer of the gun,” it reads.
Attorney James Vogts, who is representing the store, could not be reached for comment, but he previously told the Milwaukee-Wisconsin Journal Sentinel that the owners observed measures to keep their guns out of the hands of criminals and that the allegations amounted to nothing more than a smear campaign.
The Brady Campaign, though an advocate for gun control, clarifies that this particular lawsuit in no way challenges the second amendment, or responsible gun dealers.
NBC News points out that cases against gun dealers for negligently supplying criminals with firearms are usually settled out of court, but opening arguments took place Tuesday.
“I do not know of any other cases like it. I think this is a new theory,” Janine Geske, a law professor at Marquette University and former Wisconsin Supreme Court justice, told the news site. “It’s a new attempt to try to deal with the guns that come out of some of these gun stores.”
The ultimate verdict could have implications for gun store operations across the country.
Throughout its history, the gun dealer has operated under several names: Badger Guns, Badger Outdoors, and Badger Guns & Ammo.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives revoked owner Adam Allan’s license to sell firearms in 2011, resulting in the shop’s closing for a brief period, the Journal Sentinel reports.
Shortly after, his brother Mike Allan reopened another gun store at the same address named Brew City Shooter Supply.
The gun shop declined to comment when contacted by Yahoo News.
“…Badger Guns conspired with Collins to change his answer to claim falsely that he was the actual buyer of the gun,” it reads.”
In a real court, they would have to prove this accusation, beyond a reasonable doubt, to have any case whatsoever against this gun seller. All their statistics and crime data should mean absolutely nothing to a jury.
What will happen in out corrupt courts is anyone’s guess.
It could just be my opinion, but something smells funny here. I don’t wonder if these owners are being used to set a precedent in being able to open another avenue of gun control. I have done business with many gun shops, and not one I can think of would sell to someone who was so clearly a straw purchaser. Why else would those super trustworthy folks at the ATF give back a license to a shop that sells,”ten crime guns” a week? Only if it was their shop, and served their purpose. Just like they flood mexico, they ensure guns make it into the wrong hands here as well. It makes me wonder.
Good point, and I think you’re right.
usmc,
I believe the same thing that you do…..this is a manufactured story.
Semper Fi.
nah.
Gun sales have been steadily decreasing since 2009.
That is why there are so few gun shops nation wide.
They need the business…
These types of cases were struck down years ago as a matter of law. The only reason that could explain this re-appearance is that “the process is the punishment.” Until there are laws that the plaintiff will have to pay for all defense costs if they lose their case, this type of frivolous lawsuit will continue. While they don’t expect to win, they penalise the defendant in the form of defense costs, which puts many businesses out of business.
if they pull this crap on these guys than Eric Holder should be in line in front of them ..
lets clean up your house ATF before you play in our sand box
Eric’s guns have been in the hands of ANOTHER COUNTRY , one that dont play well with us to begin with, and are in the hands of known CRIMINAL cartels, and that WAS their plan (criminal act),, and these are FULL AUTO ,, yes the real deal when it comes to a Military use Weapon ..and have caused many deaths in that country, and killed a US Border Guard .. where is that trial?
Our rule of law says Eric goes first ,, this is small pittens .. clean up your house first before poking out another persons eye
maybe these gun store owners need to “step asside , or step down.. just like the government rats do ,, why cant these people do the same as our leaders? they are showing us how its done,, so follow suit
Can we sue CONgress & usurper [and minions] for destroying the economy…America etc.?
Wow…This is so pathetic. This goes to show you how desperate the Commies are getting. I mean seriously. This is so ridiculous, it’s funny.
Another class of victims in a country full of victims.
Have you embraced your victimhood yet?
Yeah, we got a bunch of liberal “know it alls” thinking their efforts are a worthy gesture to the people here in Wisconsin. However, we have a very strong constituency of free men who ain’t quite ready, and never will be, willing to hand over their deer rifles or pistols. Wisconsin would be a f#ckin’ nightmare to try and disarm and any Swat Team attempting to do such would be met with rifle barrels out of most every home. A rain of bullets can be quite convincing.
“…cases against gun dealers for negligently supplying criminals with firearms are usually settled out of court, but opening arguments took place Tuesday.”
In other words, we can sue whichever gun dealers sell guns to the pigs, for negligently supplying criminals with firearms.