Gunshop Liable for Straw Sale

[rjohnson4405]

http://www.nytimes.com/2015/10/14/us/gun-shop-held-liable-for-purchase-linked-to-shooting-of-police.html?_r=0

First I've heard of a gunshop being liable for "knowing" it was a straw purchase.

Definitely a couple clues according to the article.

[RoyGBiv]

Badgers problem was far more endemic than one bad straw sale making through their process...

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


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.

[Jeep]

http://www.nytimes.com/2015/10/14/us/gun-shop-held-liable-for-purchase-linked-to-shooting-of-police.html?_r=0

First I've heard of a gunshop being liable for "knowing" it was a straw purchase.

Definitely a couple clues according to the article.

Sounds like the jury instructions might have been off, though. The statute allows suits if the shop "knew or should have known" that it was a straw sale. Just because a shop "reasonably" could have inferred that it was a straw sale doesn't mean that it "should have known" it was one.

My guess is that this isn't the start of a trend but instead is a result of jurors understandable sympathy for cops who are shot.

[rjohnson4405]

RoyGBiv - good article.

Make me wonder if it won't start to go like alcohol sales where anyone who comes into the shop with you gets their ID checked as well (except kids). Not sure that will help much though.

[Alpha Sierra]

I'm betting on reversal at appeal

[TAZ]

Might could get reversed, but if the article has any of the facts right the plaintiffs does have a case that the store should have known something is amiss. Form filled out incorrectly. The 2 guys needing to exit to pool resources... Not much of that sounds good.

Before you guys jump on me, I don't agree with the law or the ruling. I believe it's the shooters responsibility and liability not the stores. But then I guess ole Dindo Nuffin and his folks didn't have the cash backing the store has.

So was the buyer of the gun charged with the appropriate felony?

[ReverendMeat]

Might could get reversed, but if the article has any of the facts right the plaintiffs does have a case that the store should have known something is amiss. Form filled out incorrectly. The 2 guys needing to exit to pool resources... Not much of that sounds good.

When doing handwritten 4473s, there will almost always be something done incorrectly (especially 11a). Even doing e4473s, some errors come up so frequently that there's hardly anything about them that's a red flag. Even worse in Wisconsin for handguns as there's a separate, handwritten state DOJ form to screw up as well.