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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGun shop found liable in shooting of two Milwaukee police officers
Gun shop found liable in shooting of two Milwaukee police officersCBS NEWS October 13, 2015, 6:39 PM
MILWAUKEE -- Two police officers who were shot and seriously wounded have won their lawsuit against a gun store that sold the weapon used against them.
The jury awarded Bryan Norberg $1.5 million and Graham Kunisch $3.5 million, reports CBS affiliate WDJT.
CBS News' Adriana Diaz reports that in 2009, Officers Graham Kunish and Bryan Norberg approached 18-year-old Julius Burton for riding his bike on the sidewalk. A struggle ensued. Burton pulled out a gun and shot both officers in the face.
Surveillance video shows Burton with a friend at the Badger Gun store a month before the shooting. He paid the friend $40 to buy a gun for him because he was underage. Store Clerk, Donald Flora, appears to help the friend fill out the paperwork, Diaz reports. Flora told jurors he was unaware of an illegal sale known as a "straw purchase."
http://www.cbsnews.com/news/gun-shop-found-liable-in-shooting-of-two-milwaukee-police-officers/
GGJohn
(9,951 posts)Now if only they would criminally prosecute these straw buyers and firearms stores that knowingly facilitate these straw purchases.
Lizzie Poppet
(10,164 posts)In this particular case, I remember reading that the straw purchaser got two years in the joint. Works for me...
GGJohn
(9,951 posts)AgingAmerican
(12,958 posts)nt
Duckhunter935
(16,974 posts)Good, proves they are not above the law when it is proven. Unlike what a lot of people mistakenly believe.
msongs
(67,381 posts)Hoyt
(54,770 posts)to ensure proper background checks are performed. Also, close gun show loophole that allows a "casual" gun trafficker to set up a booth at a gun show, drape a confederate flag on the table to attract Yahoos, and sell away without background checks.
There are simpler ways to do it, but the NRA and gun owners will whine about their rights to traffic guns.
You ever been to a firearm show Hoyt?
Local police and ATF agents are there looking for just that sort of activity.
Anyone who sets up a booth has to have a permit from the venue owner and if someone is selling more than 1 or 2 firearms, they're going to get a visit from LEO demanding to see their FFL.
There are simpler ways to do it, but the NRA and gun owners will whine about their rights to traffic guns.
Pure unadulterated BS.
Hoyt
(54,770 posts)A person who is not in the regular business of selling guns can rent a table and sell guns without a background check under federal and most states laws. That's a fact. Many gun Yahoos sell them in the parking lot as well.
GGJohn
(9,951 posts)and sell more than 1 or 2 firearms without getting the attention of LEO at the venue.
Local LE and ATF look for just such activity and will come down hard on them.
I'm calling bullshit on that, I've been to hundreds of firearm shows across the Southwest, and while there are a few racists, most are just your every day normal citizens looking for a good deal on not just firearms, but ammo, collectibles, antiques, paraphernalia, etc.
I highly doubt you've been to lots of firearm shows, maybe a couple, but certainly not a lot.
Hoyt
(54,770 posts)The law allows those not in the "regular business" of selling guns, to rent a table and sell without background checks. Look it up. How do you transfer your gunz?
GGJohn
(9,951 posts)Again, bullshit, most folks at firearm shows look just like ordinary every day citizens, so stop with the bigoted bullshit.
The law allows for a very limited number of firearms to be sold at one time without an FFL, if someone sets up a table at a firearms show and starts selling firearms without an FFL, that person is going to attract unwanted attention from local LE or the ATF.
How I transfer my firearms is none of your business.
workinclasszero
(28,270 posts)I can see you have been to gun shows.
GGJohn
(9,951 posts)I've never once seen anything like that happening.
workinclasszero
(28,270 posts)And I saw that and the racist garbage, anti government militia stuff, prepper stuff, manuals on gorilla tactics etc.
GGJohn
(9,951 posts)but for the most part, it's about firearms, ammo, collectibles, antiques, etc.
As I said, I've been to hundreds of firearms shows and most patrons are just your ordinary citizen.
I have yet to see anyone selling a firearm out of the trunk of their car in the parking lot, most venue owners won't allow that to happen on their property.
Snobblevitch
(1,958 posts)over their shoulder with a price or asking for a trade.
GGJohn
(9,951 posts)That's all I've ever seen also.
pipoman
(16,038 posts)Which won't happen just like it hasn't for the last 20 years. . Oh, and the whole "gun show loophole" diatribe is redundant to your first ridiculous dream and won't happen for the same reasons...now what? More incessant yammering about the same I'm sure....
Hoyt
(54,770 posts)Responsible gun owners, assuming there are such things, would not sell a gun without a background check.
Lizzie Poppet
(10,164 posts)I worked on the campaign to pass that law, too. Yep, me: a gun owner.
pipoman
(16,038 posts)Ask Colorado.
Hoyt
(54,770 posts)If you are too cheap to pay the $35 or so that an FFL charges, you shouldn't be selling guns.
pipoman
(16,038 posts)because they are not compelled to do them legally. That could be fixed but nobody really cares.
Hoyt
(54,770 posts)the guns the acquired or sell do in our society. Callous people should not own or traffic in gunz.
pipoman
(16,038 posts)It would be a simple regulatory change at the federal level...probably could be done through exectutive order, but again your big gun control buddies don't want to enable a solution.
Hoyt
(54,770 posts)Last edited Sun Oct 18, 2015, 05:41 PM - Edit history (1)
FFL, could do a background check on anyone with a SSN (wouldn't find exactly what they did, but would know if they did something putting them on no buy list), etc.
pipoman
(16,038 posts)FFL dealers do not have to do private transfer checks and many choose not to do them. If the regulations for licensure required them to conduct private sale checks for a set fee it would make it possible for states to require the NICS checks.
GGJohn
(9,951 posts)I'm part and parcel of the firearm culture and I deeply care about the harm firearms used negligently or criminally do, but I won't take responsibility for what someone else does.
WTF does that even mean?
Lizzie Poppet
(10,164 posts)Mine's one of them (Oregon). At the federal level, of course, it runs afoul of the prohibition of federal regulation of intrastate commerce. But nothing stops states from instituting universal background checks...
The "gun show loophole" is mostly a myth, but it is possible for a non-dealer to sell to someone w/ no BGC. I have no problem with either a state choosing to go to universal checks or with lowering the number of transactions a person can make before they have to get an FFL.
pipoman
(16,038 posts)If they choose not to. Colorado is currently having this problem. Dealers are refusing, stalling, and overcharging for checks making Colorado's law unenforceable and likely to be overturned.
A regulatory change at the federal level requiring FFLs to do private sale transfers for a reasonable price, in a timely manner would solve the problem. This would probably force a NICS budget increase too...
Lizzie Poppet
(10,164 posts)...but I realized you were talking about FFLs doing checks for transactions they're not making themselves...for two private parties, that is. I don't know if our law here in Oregon requires the FFLs to do them (or if such a law is constitutional), but I haven't heard anything here about dealers refusing. Most seem to like the easy $25-$35. A little mom-and-pop gun shop I frequent even advertises the service, but that's mostly for online sales. He looks to find people buying from some online dealer like Bud's, and charges $30 to receive the gun and run the check. It's a small family business, so I suspect an extra thirty bucks in the till a few times a week is appreciated.
pipoman
(16,038 posts)If Oregon has state licensure of gun shops in addition to ffl requirement maybe it is a condition of the state license that the dealer conduct checks upob request? It will probably be more difficult in larger stores? I just read about the Colorado law current challenge based on dealers refusing.
Snobblevitch
(1,958 posts)This was a civil case. Is there a criminal case to put these guys in prison?
Lizzie Poppet
(10,164 posts)The laws needed to prosecute those who knowingly facilitate a straw purchase have been in place for decades...but enforcement is rare. This needs to change, given that straw purchases have been shown to be an important vector for firearms into the hands of criminals.
pipoman
(16,038 posts)Protection of Lawful Commerce in Arms Act that Bernie supported eliminated lawsuits against gun stores, eh?
GGJohn
(9,951 posts)are about the PLCAA.
pipoman
(16,038 posts)Lawsuits against gun stores or manufacturerers impossible....
GGJohn
(9,951 posts)and there is one in particular that will argue that the PLCAA gives blanket immunity to manufacturers, distributors, and firearm store owners.
This person will even tell you that the 6 exemptions aren't really exemptions.
Duckhunter935
(16,974 posts)On this, lol
GGJohn
(9,951 posts)Snobblevitch
(1,958 posts)It is illegal for an FFL holder to knowingly sell guns to a straw purchaser. This has nothing to do with the PLCAA.
GGJohn
(9,951 posts)Snobblevitch
(1,958 posts)prior to the PLCAA?
GGJohn
(9,951 posts)this was an exemption of immunity for FFL dealers, IOW, the PLCAA doesn't protect a firearm store owner if they should have known that the sale was a straw sale.
Snobblevitch
(1,958 posts)I am not talking about immunity for FFLs. I'm referring to illegal sales, which has nothing to do with PLCAA.
pipoman
(16,038 posts)Proclaiming it makes liability suits against gun stores/makers impossible. This case is proof those who state these lies are wrong or liars.