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About freaking time - 10/13/2015 5:07:28 PM   
jlf1961


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quote:

A jury in Milwaukee County Circuit Court on Tuesday held that a gun shop that sold a pistol to a straw purchaser was negligent and ordered it to pay $6 million to two police officers, The Associated Press reported.

The suit, brought against Badger Guns, a gun shop just outside Milwaukee, was closely watched by gun-control advocates, the firearms industry and legal scholars because it involved a rare test before a jury of the responsibility of gun sellers for the criminal use of their products.

Gun-control groups hoped that a victory would embolden more victims and lawyers to sue what they say is a small minority of gun stores that make questionable sales.


Speaking about responsibility, this makes more than just good sense, it is about time.

This should set national precedent, or at least I hope it does.



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RE: About freaking time - 10/13/2015 5:41:04 PM   
JVoV


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The straw purchaser should have been charged & sued in civil court as well.

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RE: About freaking time - 10/13/2015 6:15:54 PM   
lovmuffin


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Why was the gun shop negligent ? Did they not do a background check ?

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RE: About freaking time - 10/13/2015 6:28:32 PM   
BamaD


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quote:

ORIGINAL: jlf1961

quote:

A jury in Milwaukee County Circuit Court on Tuesday held that a gun shop that sold a pistol to a straw purchaser was negligent and ordered it to pay $6 million to two police officers, The Associated Press reported.

The suit, brought against Badger Guns, a gun shop just outside Milwaukee, was closely watched by gun-control advocates, the firearms industry and legal scholars because it involved a rare test before a jury of the responsibility of gun sellers for the criminal use of their products.

Gun-control groups hoped that a victory would embolden more victims and lawyers to sue what they say is a small minority of gun stores that make questionable sales.


Speaking about responsibility, this makes more than just good sense, it is about time.

This should set national precedent, or at least I hope it does.



Did anyone see what it was that should have told Badger that it was a straw purchase?
We don't want to require gun dealers to be mind readers do we?
I saw the story and they carefully avoided saying why they should have known.

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Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: About freaking time - 10/14/2015 7:20:11 AM   
thompsonx


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Did anyone see what it was that should have told Badger that it was a straw purchase?
We don't want to require gun dealers to be mind readers do we?
I saw the story and they carefully avoided saying why they should have known.

Have you a clue what the phoque a "straw purchase is"?
How would a qualified gun dealer not know? Do you really suppose that this was a one gun affair?

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RE: About freaking time - 10/14/2015 7:59:14 AM   
joether


Posts: 5195
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quote:

ORIGINAL: jlf1961
quote:

A jury in Milwaukee County Circuit Court on Tuesday held that a gun shop that sold a pistol to a straw purchaser was negligent and ordered it to pay $6 million to two police officers, The Associated Press reported.

The suit, brought against Badger Guns, a gun shop just outside Milwaukee, was closely watched by gun-control advocates, the firearms industry and legal scholars because it involved a rare test before a jury of the responsibility of gun sellers for the criminal use of their products.

Gun-control groups hoped that a victory would embolden more victims and lawyers to sue what they say is a small minority of gun stores that make questionable sales.


Speaking about responsibility, this makes more than just good sense, it is about time.

This should set national precedent, or at least I hope it does.


One of the ways by which firearms fall into criminal hands is by unscrupulous gun owners selling guns in shady transactions. They by the gun for 'X' and sell it for 'X+Y', thereby creating a profit of 'Z'. For a long time I was surprise no one in the 'pro-2nd camp' was against this practice. In fact, when it was brought up, was zealously defended by said group of people. Unscrupulous gun sellers really undermine the honest and law abiding gun owners by a wide margin. Gun stores that are not only legitimate, but work to keep a good imagine, must now struggle just a bit more towards the public trust in them. Since if one store was known to have done such shady transactions, how about the others?

There have been individuals whom acquired firearms in which the background check (if it was required on every sale) would have stopped. If such a law was in place, would the sale still take place? Maybe. It would be at a much higher price, since the seller is taking an additional risk. How much of a difference in prices is hard to say. But if such information got its way to the media, would even more drastically undermine gun shops across the nation. Given all the mass shootings of late in the nation. Combined that in most cases, the shooter acquired their arms relatively easily. Paints a picture that gun shops are trafficking in unscrupulous behaviors. Therefore, laws need to be updated/created to combat the negative behavior in that business practice.

Now we have gun owners, complaining about the laws being created, to stop the negative behavior of individuals at a store they support, all the while stating they too are against unscrupulous and shady firearm transactions. They wonder why people do not take them seriously on this subject matter.....



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RE: About freaking time - 10/14/2015 8:06:14 AM   
thompsonx


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Do you ever read the moronic shit you post?
The article was about a licensed gun dealer who was breaking the law.

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RE: About freaking time - 10/14/2015 8:12:41 AM   
joether


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quote:

ORIGINAL: thompsonx
Did anyone see what it was that should have told Badger that it was a straw purchase?
We don't want to require gun dealers to be mind readers do we?
I saw the story and they carefully avoided saying why they should have known.

Have you a clue what the phoque a "straw purchase is"?


Of course he knows what a "straw purchase is". He's brought it up in previous threads on firearms.

quote:

ORIGINAL: thompsonx
How would a qualified gun dealer not know? Do you really suppose that this was a one gun affair?


Maybe the police should run through every transaction from that company. Including examining the personal finances of the owners and all employees. Looking for those little 'additions' to bank accounts or purchases that come from no where. Just to see how many guns have been sold in this way. In fact, if those guns turn up at crime scenes maybe charge them with even more counts of negligence. Gun shops have a social duty to the public to keep the wrong types of people from acquiring firearms. When they fail to do that, it makes them and other gun shops across the state/nation look bad.

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RE: About freaking time - 10/14/2015 8:21:04 AM   
CreativeDominant


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quote:

ORIGINAL: thompsonx

Do you ever read the moronic shit you post?
The article was about a licensed gun dealer who was breaking the law.


That doesn't fit Joether's agenda...he talks about scrupulous gun shops out of one side of his mouth for 5 seconds, then spends 5 minutes stating that all shops should have less trust, how people who buy guns and resell them outnumber regular gun buyers, etc.

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RE: About freaking time - 10/14/2015 8:27:15 AM   
Lucylastic


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This is from a fox article on the thing yesterday



The gun shop's attorneys denied wrongdoing and said the owner, Adam Allan, couldn't be held financially responsible for crimes connected to a weapon sold at his shop. Badger Guns, previously known as Badger Outdoors, has since closed and been replaced by a gun shop called Brew City Shooters Supply. All three entities have been run by Allan family members.

Authorities have said more than 500 firearms recovered from crime scenes had been traced back to Badger Guns and Badger Outdoors, making it the "No. 1 crime gun dealer in America," according to a 2005 charging document from an unrelated case. A former federal agent has also said the shop had failed to take necessary precautions to prevent straw purchases.

Norberg and Kunisch cited those details in their lawsuit, saying they showed a history of negligence.

http://www.foxnews.com/us/2015/10/14/wisconsin-gun-shop-ordered-to-pay-millions-to-injured-police-officers/

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RE: About freaking time - 10/14/2015 8:36:06 AM   
joether


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quote:

ORIGINAL: CreativeDominant
quote:

ORIGINAL: thompsonx

Do you ever read the moronic shit you post?
The article was about a licensed gun dealer who was breaking the law.


That doesn't fit Joether's agenda...he talks about scrupulous gun shops out of one side of his mouth for 5 seconds, then spends 5 minutes stating that all shops should have less trust, how people who buy guns and resell them outnumber regular gun buyers, etc.


No, I express that honest gun shop owners should be against those in their industry performing unscrupulous actions. Yet when legislation comes up to accomplish that very notion (thus making it easier for honest gun shops to operate), those on the right are totally opposed to it. So, we have those on the right, whom maybe gun owners, allowing unscrupulous gun shops to sell firearms in shady sales to individuals whom plan to use them in crimes in the future. The political right helping the lawbreakers to instill fear in the hopes of creating more gun owners.

An ethics problem right there for study....

I never stated the things you speak on CD. Maybe some of that 'reading comprehension' you attack me on, might help? If you were studying things closely, you would have understood that just one transaction that lands into the wrong hands and is found at a crime scene, does do untold damage to all gun shops. That you pass over the OP's information blatantly to attack me (and which thompsonx states): This was not the first time the gun shop did this. Since they (the police) were tipped off; That usually implies "its happened more then once". Did I say 'all/most/grand number of' gun shops are dishonest? No. Did I state more unscrupulous transactions take place to legitimate ones? No. So, I'm stating facts while your being politically and intellectually dishonest.


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RE: About freaking time - 10/14/2015 8:46:56 AM   
thompsonx


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Maybe the police should run through every transaction from that company.

Why is it that the only time you open your mouth it to change feet.
A tiny amount of research would have told you that that was what was done.

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RE: About freaking time - 10/14/2015 9:16:46 AM   
lovmuffin


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quote:

ORIGINAL: Lucylastic

This is from a fox article on the thing yesterday



The gun shop's attorneys denied wrongdoing and said the owner, Adam Allan, couldn't be held financially responsible for crimes connected to a weapon sold at his shop. Badger Guns, previously known as Badger Outdoors, has since closed and been replaced by a gun shop called Brew City Shooters Supply. All three entities have been run by Allan family members.

Authorities have said more than 500 firearms recovered from crime scenes had been traced back to Badger Guns and Badger Outdoors, making it the "No. 1 crime gun dealer in America," according to a 2005 charging document from an unrelated case. A former federal agent has also said the shop had failed to take necessary precautions to prevent straw purchases.

Norberg and Kunisch cited those details in their lawsuit, saying they showed a history of negligence.

http://www.foxnews.com/us/2015/10/14/wisconsin-gun-shop-ordered-to-pay-millions-to-injured-police-officers/

500 guns found at crimes scenes is certainly fishy if indeed that's true. The information that I'm not finding at your link is specifically what it was that proves the dealer did not comply with the law. Did he not do background checks ? Did he keep selling to the same straw buyer even though something should have raised a red flag ? Or is the issue that 500 guns found at crimes scenes mean that he must have been doing something wrong though there is no one specific thing he did against the law to pin him on?

Thanks for getting the information though it doesn't answer my questions.

< Message edited by lovmuffin -- 10/14/2015 9:31:20 AM >


_____________________________

"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

"Long hair, short hair—what's the difference once the head's blowed off." - Farmer Yassir

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RE: About freaking time - 10/14/2015 9:23:47 AM   
Lucylastic


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then do your own research...


sod it, seeing as IM in a good mood. the link at fox, also included this.....

quote:

Burton pleaded guilty to two counts of first-degree attempted intentional homicide and is serving an 80-year sentence. Collins, the man who purchased the gun, got a two-year sentence after pleading guilty to making a straw purchase for an underage buyer.



If you had looked up Julius Burton, you would have found this.
http://www.jsonline.com/news/crime/47859617.html

Julius Burton was only 18.
Underage...paid the buyer 40 Bucks tried to kill 2 cops.


< Message edited by Lucylastic -- 10/14/2015 9:30:26 AM >


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RE: About freaking time - 10/14/2015 9:42:42 AM   
BamaD


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quote:

ORIGINAL: lovmuffin

quote:

ORIGINAL: Lucylastic

This is from a fox article on the thing yesterday



The gun shop's attorneys denied wrongdoing and said the owner, Adam Allan, couldn't be held financially responsible for crimes connected to a weapon sold at his shop. Badger Guns, previously known as Badger Outdoors, has since closed and been replaced by a gun shop called Brew City Shooters Supply. All three entities have been run by Allan family members.

Authorities have said more than 500 firearms recovered from crime scenes had been traced back to Badger Guns and Badger Outdoors, making it the "No. 1 crime gun dealer in America," according to a 2005 charging document from an unrelated case. A former federal agent has also said the shop had failed to take necessary precautions to prevent straw purchases.

Norberg and Kunisch cited those details in their lawsuit, saying they showed a history of negligence.

http://www.foxnews.com/us/2015/10/14/wisconsin-gun-shop-ordered-to-pay-millions-to-injured-police-officers/

500 guns found at crimes scenes is certainly fishy if indeed that's true. The information that I'm not finding at your link is specifically what it was that proves the dealer did not comply with the law. Did he not do background checks ? Did he keep selling to the same straw buyer even though something should have raised a red flag ? Or is the issue that 500 guns found at crimes scenes mean that he must have been doing something wrong though there is no one specific thing he did against the law to pin him on?

Thanks for getting the information though it doesn't answer my questions.

It appears that the straw buyer was an idiot. Instead of deciding what gun to get for the underage guy he was buying for and going in to get it he took the real buyer with him and talked the gun over with him in front of the sales person. Then he took the guy outside and came back in to buy the gun. Now we only have the straw purchaser's word on this. The salesperson said they didn't remember the purchase. But it looks like Badger should have known the purchase was for the underage guy. This is the 2nd time a store has been successfully sued since the Federal law was passed. You can sue the strore but only if they did not follow the law. As long as this doesn't serve as an excuse to sue any store where a gun turns out to be a straw purchase it is what we need to do. A reasonably intelligent buyer wouldn't have telegraphed his intentions like this moron and very, very few stores would have been stupid enough to sell under these circumstances.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to lovmuffin)
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RE: About freaking time - 10/14/2015 9:51:01 AM   
lovmuffin


Posts: 3759
Joined: 9/28/2007
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quote:

ORIGINAL: Lucylastic

then do your own research...


sod it, seeing as IM in a good mood. the link at fox, also included this.....

quote:

Burton pleaded guilty to two counts of first-degree attempted intentional homicide and is serving an 80-year sentence. Collins, the man who purchased the gun, got a two-year sentence after pleading guilty to making a straw purchase for an underage buyer.



If you had looked up Julius Burton, you would have found this.
http://www.jsonline.com/news/crime/47859617.html

Julius Burton was only 18.
Underage...paid the buyer 40 Bucks tried to kill 2 cops.



Yes, i should do my own research but you're so much better at it glad you're in a good mood

Still though, there is no information or smoking gun related to the dealer aside from 500 guns found at crime scenes. He very well may have followed the law for all we know. Like I said before, 500 guns is real fishy yet is overwhelming enough that I would have to question the source. I don't have enough information yet to condem the gun dealer. I think the straw purchaser got off way too freakin easy.

_____________________________

"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

"Long hair, short hair—what's the difference once the head's blowed off." - Farmer Yassir

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RE: About freaking time - 10/14/2015 9:57:45 AM   
Lucylastic


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He laid out what he called telltale signs of a straw buy: Burton was in the store and pointed to the gun he wanted; Collins initially marked that he was not the buyer of the gun on the form, but was allowed to change that — and also change his address; Collins and Burton left the store to get more cash to pay for the gun; Collins didn't present an ID when he picked up the gun.

In 2006, regulators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recommended revoking Badger Outdoors' license. But there was no revocation.

The players then took on new roles and a new license was issued to Adam Allan, the son of former owner Walter Allan, creating what one federal official called a "clean slate," a Milwaukee Journal Sentinel investigation found.

The jury did not hear evidence about the recommended revocation because the owners said they didn't know about it until they read it in the Journal Sentinel.

Dunphy did stress to the jury that there were violations in the 2006 inspection, which led to speeding up the plan to have Adam Allan take over the business.

Wendy Gunderson, who represents Badger Outdoors and its owners, Mick Beatovic and Walter Allan, assailed the notion that Dunphy had proved any evidence of a conspiracy. She said it was nothing more than a routine transaction where a business is sold to a family member. She said Beatovic and Walter Allan were ready to retire, not committing a conspiracy.

Badger Guns and Badger Outdoors were top sellers of crime guns recovered in Milwaukee for more than a decade. In 2005, Badger Outdoors was the top seller of crime guns in the nation with 537 such weapons recovered.

Such gun trace data has not been released recently because of a secrecy measure passed by Congress. Several documents, including ATF inspection reports, being cited in the trial also cannot be released under exceptions made by Congress. However, they have been turned over through this lawsuit.

Badger Guns' license was revoked by ATF in 2011 but the Collins transaction was not cited as a violation so the jury did not hear that the store's license was yanked.

Michael Allan, Walter's other son, now runs a gun store in the same location.

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

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RE: About freaking time - 10/14/2015 10:00:04 AM   
BamaD


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quote:

ORIGINAL: Lucylastic

He laid out what he called telltale signs of a straw buy: Burton was in the store and pointed to the gun he wanted; Collins initially marked that he was not the buyer of the gun on the form, but was allowed to change that — and also change his address; Collins and Burton left the store to get more cash to pay for the gun; Collins didn't present an ID when he picked up the gun.

In 2006, regulators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recommended revoking Badger Outdoors' license. But there was no revocation.

The players then took on new roles and a new license was issued to Adam Allan, the son of former owner Walter Allan, creating what one federal official called a "clean slate," a Milwaukee Journal Sentinel investigation found.

The jury did not hear evidence about the recommended revocation because the owners said they didn't know about it until they read it in the Journal Sentinel.

Dunphy did stress to the jury that there were violations in the 2006 inspection, which led to speeding up the plan to have Adam Allan take over the business.

Wendy Gunderson, who represents Badger Outdoors and its owners, Mick Beatovic and Walter Allan, assailed the notion that Dunphy had proved any evidence of a conspiracy. She said it was nothing more than a routine transaction where a business is sold to a family member. She said Beatovic and Walter Allan were ready to retire, not committing a conspiracy.

Badger Guns and Badger Outdoors were top sellers of crime guns recovered in Milwaukee for more than a decade. In 2005, Badger Outdoors was the top seller of crime guns in the nation with 537 such weapons recovered.

Such gun trace data has not been released recently because of a secrecy measure passed by Congress. Several documents, including ATF inspection reports, being cited in the trial also cannot be released under exceptions made by Congress. However, they have been turned over through this lawsuit.

Badger Guns' license was revoked by ATF in 2011 but the Collins transaction was not cited as a violation so the jury did not hear that the store's license was yanked.

Michael Allan, Walter's other son, now runs a gun store in the same location.

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

Let's hope Michael has learned.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to Lucylastic)
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RE: About freaking time - 10/14/2015 10:03:16 AM   
Lucylastic


Posts: 40310
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: Lucylastic

He laid out what he called telltale signs of a straw buy: Burton was in the store and pointed to the gun he wanted; Collins initially marked that he was not the buyer of the gun on the form, but was allowed to change that — and also change his address; Collins and Burton left the store to get more cash to pay for the gun; Collins didn't present an ID when he picked up the gun.

In 2006, regulators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recommended revoking Badger Outdoors' license. But there was no revocation.

The players then took on new roles and a new license was issued to Adam Allan, the son of former owner Walter Allan, creating what one federal official called a "clean slate," a Milwaukee Journal Sentinel investigation found.

The jury did not hear evidence about the recommended revocation because the owners said they didn't know about it until they read it in the Journal Sentinel.

Dunphy did stress to the jury that there were violations in the 2006 inspection, which led to speeding up the plan to have Adam Allan take over the business.

Wendy Gunderson, who represents Badger Outdoors and its owners, Mick Beatovic and Walter Allan, assailed the notion that Dunphy had proved any evidence of a conspiracy. She said it was nothing more than a routine transaction where a business is sold to a family member. She said Beatovic and Walter Allan were ready to retire, not committing a conspiracy.

Badger Guns and Badger Outdoors were top sellers of crime guns recovered in Milwaukee for more than a decade. In 2005, Badger Outdoors was the top seller of crime guns in the nation with 537 such weapons recovered.

Such gun trace data has not been released recently because of a secrecy measure passed by Congress. Several documents, including ATF inspection reports, being cited in the trial also cannot be released under exceptions made by Congress. However, they have been turned over through this lawsuit.

Badger Guns' license was revoked by ATF in 2011 but the Collins transaction was not cited as a violation so the jury did not hear that the store's license was yanked.

Michael Allan, Walter's other son, now runs a gun store in the same location.

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

Let's hope Michael has learned.

hopefully they will be out of business soon.

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RE: About freaking time - 10/14/2015 10:03:23 AM   
lovmuffin


Posts: 3759
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quote:

ORIGINAL: BamaD


quote:

ORIGINAL: lovmuffin

quote:

ORIGINAL: Lucylastic

This is from a fox article on the thing yesterday



The gun shop's attorneys denied wrongdoing and said the owner, Adam Allan, couldn't be held financially responsible for crimes connected to a weapon sold at his shop. Badger Guns, previously known as Badger Outdoors, has since closed and been replaced by a gun shop called Brew City Shooters Supply. All three entities have been run by Allan family members.

Authorities have said more than 500 firearms recovered from crime scenes had been traced back to Badger Guns and Badger Outdoors, making it the "No. 1 crime gun dealer in America," according to a 2005 charging document from an unrelated case. A former federal agent has also said the shop had failed to take necessary precautions to prevent straw purchases.

Norberg and Kunisch cited those details in their lawsuit, saying they showed a history of negligence.

http://www.foxnews.com/us/2015/10/14/wisconsin-gun-shop-ordered-to-pay-millions-to-injured-police-officers/

500 guns found at crimes scenes is certainly fishy if indeed that's true. The information that I'm not finding at your link is specifically what it was that proves the dealer did not comply with the law. Did he not do background checks ? Did he keep selling to the same straw buyer even though something should have raised a red flag ? Or is the issue that 500 guns found at crimes scenes mean that he must have been doing something wrong though there is no one specific thing he did against the law to pin him on?

Thanks for getting the information though it doesn't answer my questions.

It appears that the straw buyer was an idiot. Instead of deciding what gun to get for the underage guy he was buying for and going in to get it he took the real buyer with him and talked the gun over with him in front of the sales person. Then he took the guy outside and came back in to buy the gun. Now we only have the straw purchaser's word on this. The salesperson said they didn't remember the purchase. But it looks like Badger should have known the purchase was for the underage guy. This is the 2nd time a store has been successfully sued since the Federal law was passed. You can sue the strore but only if they did not follow the law. As long as this doesn't serve as an excuse to sue any store where a gun turns out to be a straw purchase it is what we need to do. A reasonably intelligent buyer wouldn't have telegraphed his intentions like this moron and very, very few stores would have been stupid enough to sell under these circumstances.


If that's true then certainly there is culpability on the dealer but then again like you said, we only have the straw purchasers word which in and of itself is fishy and makes me wonder if his word on how the purchase went down has anything to do with why he got off with, IMO, a light sentence. Something about the whole thing at this point, with the information we have so far on the gun dealer, doesn't pass the smell test.

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