The policy would determine not only whether to uphold a jury award of almost $6 million, but it may also set a new precedent – one that determines whether gun shops can be held liable if a sloppy sale leads to a shooting.
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In 2009 two Milwaukee officers stopped Julius Burton for riding his bicycle on the sidewalk, but Burton pulled out a gun and shot both officers in the face. Burton, 18 years old at the time, was too young to legally purchase a gun, but had paid Collins to illegally buy it for him at Badger Guns in a deal called a straw purchase, authorities said.
The officers’ lawsuit contended that Badger Guns broke the law five different ways during the sale of the gun Burton used, according to John Diedrich, who has been covering the story for the Milwaukee Journal Sentinel. Jurors ordered the store to pay Norberg $1.5 million, Kunisch $3.6 million and punitive damages of $730,000. Cracking down on straw sales at gun stores has been a priority for law enforcement. In the first case in Alaska, a jury sided with the gun store owner, as first reported by the Milwaukee-Wisconsin Journal Sentinel.
It is believed to be the first such lawsuit successfully fought against the gun industry in the USA in the 10 years since federal legislation was passed to protect gun makers and sellers from legal action at the state and federal level. The owners and operators of the gun shop weren’t in court to hear the verdict.
Fankhauser says he sent a reminder to store employees Wednesday morning after the Milwaukee decision, of policies and procedures in case of a suspicious customer. Collins received a two-year sentence.
Adam Skaggs said that Congress had virtually “slammed the door to the courthouse shut” in 2005 after passing the Protection of Lawful Commerce in Arms Act that protects gun makers and gun dealers from lawsuits.
Jurors ruled Tuesday that Badger Guns was negligent. ATF officials recommend gun shops look for obvious signs someone is buying a gun for someone else- if one person is dealing with the gun but another comes in at the last minute with the paperwork, or if there is an exchange of cash during the transaction.
She told Al Jazeera that the Milwaukee verdict represents a step in the right direction.
Though both officers survived the incident, Officer Graham Kunisch lost an eye, part of his frontal lobe and says the injuries required he go into retirement.
The footage, Diedrich said, “shows that while Collins is the buyer, Burton is very interested in the firearms”.
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“Whether they are going to see a dime of it or not, that’s an open question”, he said.
