As the Milwaukee Journal Sentinel notes, “this high-profile case was only the second of its kind nationwide to make it to a jury since Congress passed a law a decade ago holding gun dealers and manufacturers immune from such lawsuits”. In the 10 years that this federal law’s been in place, this is the first time that a jury’s found for a plaintiff against a gun store. So if Collins had gone into Badger Guns alone and bought the pistol, he could have legally sold it to Burton later (assuming he cared about such niceties), and there would have been no grounds to blame the store for failing to turn Collins away.
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Dunphy’s allegations of negligence on the store’s part were paired with sympathetic portraits of Norberg and Kunisch, the latter of whom retired after losing an eye and suffering from brain damage as a result of the shooting. The defence attorneys argued during the trial that Norberg and Kunisch hadn’t proven that store clerk Flora knew he was committing a crime. The jurors agreed with the officers, whose lawsuit accused Badger Guns of selling the gun despite signs that the buyer was acquiring it for someone who couldn’t buy it legally.
The gunman used a weapon purchased at Badger Guns. Court records say he paid the friend 40 dollars to buy a gun for him because he was underage. “Same message telling customers trying to buy guns that there are serious consequences for buying a gun for another person”, Badger attorney James Vogts said during the hearing, unfolding a poster reading “Don’t Lie for the Other Guy”.
The issue recently surfaced in the presidential campaigns after Democratic front-runner Hillary Rodham Clinton said she would push for a repeal of a George W. Bush-era gun law that Badger Guns’ defence lawyers say shields their client from liability claims.
Lawrence G. Keane, senior vice president and general counsel of the National Shooting Sports Foundation, the firearms industry’s trade association, based in Newtown, Conn., said the law was needed to “stop suits for criminal misuse of lawful products”.
The gun shop’s defence lawyers have denied wrongdoing and say the owner, Adam Allan, can’t be held financially responsible for crimes connected to a weapon that his shop sold. “One verdict in Milwaukee is a good step”. Badger Guns was previously known as Badger Outdoors.
Officials in Milwaukee say guns from the shop have been linked to several crimes in the area, the Journal reports.
The store’s license was finally revoked by the US Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) in 2011.
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In 2012, a brother of Mr. Allan, Mike Allan, reopened the store as Brew City Shooter’s Supply, initially featuring a firing range.
