Badger Guns 'failed miserably' in handgun sale, officers' attorney says

[Eugene]

Source: Milwaukee Journal Sentinel

Badger Guns 'failed miserably' in handgun sale, officers' attorney says

By John Diedrich of the Journal Sentinel Oct. 12, 2015 2:03 p.m.

Badger Guns "failed miserably" in its responsibility to protect the public when it sold a gun used to gravely wound two Milwaukee police officers in 2009, an attorney for the officers said in closing arguments Monday.

"They failed to stop a sale that frankly reeked with doubt," said Patrick Dunphy, attorney for officer Bryan Norberg and former Officer Graham Kunish. "A gun dealer can't wash his hands, walk away from his job and turn a blind eye. The risk to the public is too great."

Dunphy asked the jury to award $2.1 million to Norberg for past and future pain and suffering and $6.6 million to Kunish for past and future pain and suffering as well as lost wages. Dunphy also asked the jury to award at least $1 million in punitive damages, as punishment for the gun dealer and to send a message to other dealers.

The officers allege the gun-selling operation broke the law and knew or should have known it was negligent in its business practices. They also allege there was a conspiracy among the owners to keep the operation going and defeat a federal effort to revoke the license.

The case is only the second to make it to trial since a federal law passed granting immunity to gun dealers and manufacturers. A lawsuit can be brought if violations of the law are alleged.

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Read more: http://www.jsonline.com/watchdog/watchdogreports/badger-guns-failed-miserably-in-handgun-sale-officers-attorney-says-b99595225z1-332166222.html

[Duckhunter935]

1. We need to tighten

And hold the vendors accountable for straw purchases. This is a prime example of one that needs to be in the big house.

[gejohnston]

2. will the straw buyer face federal charges?

if not why not? Here is the dirty little secret about that. US attorneys rarely make any effort against them. When they do, they usually plead it out to probation. Straw buyers can get up to ten years.

[DonP]

3. Prosecute the hell out of them

They can't catch ever straw purchase but when it's obvious, err to the side of "No Sale".

I watched my LGS turn down a sale of a high end Kimber just this morning.

Guy in a suit walked in, showed his FOID card and asked about Kimbers, looked at a couple, then went out and came back in 5 minutes later with 2 other guys and asked to see the Kimbers again, then a lot of whispering and he wanted to buy one. The owner asked to see the FOID of the other two men and they refused/didn't have one.

She turned down a $1200 sale cold, The woman that owns the shop told him why, that it just looked too much like a straw purchase. He was bent out of shape, but she explained that a single straw sale could cost them their FFL and asked them to leave.

The shop has signs all over saying "No cell phone use", "No foreign language conversations at the counter" and a lot of the "Don't Lie for the Other Guy' posters everywhere.

Fines are nice but the max penalty if 10 years in Club Fed.

[Eleanors38]

4. "Second case...since granted immunity?" How many before?

Thousands? Hundreds? Dozens? You have the figures after this so-called immunity. What about before when this law was enacted? Surely, there is data.

[DonP]

5. So the Badger Guns case proves that the PLCAA act is working?

PLCAA = Protection of Lawful Commerce in Arms Act

Straw purchases are certainly not a lawful act and aren't covered by the PLCAA, Badger was correctly and effectively prosecuted, so the act seems to be working just as it was intended to.

Protect from the frivolous SLAPP lawsuits and make sure the lawful ones go forward.

So, why are the gun control people dancing in the street as if this somehow proves the PLCAA doesn't work and it's open season on gun stores and manufacturers?

Desperate to claim something that vaguely looks like a win?

[gejohnston]

6. What I want to know if the feds prosecuted

the straw buyer? If not why not? Also, shouldn't we petition AG Lynch to instruct her US attorneys to prosecute winnable cases and plead them out for probation. A few well publicized cases of straw buyers getting the max, ten years per gun, might do wonders.