For the first time ever, a gun shop has successfully been sued for selling guns recklessly:
A jury late Tuesday found Badger Guns and its owner liable in the wounding of two Milwaukee police officers in a first-of-its-kind verdict that was being watched nationwide.
Jurors found Badger Guns broke four laws when a clerk sold a gun that was used to shoot Officer Bryan Norberg and former Officer Graham Kunisch in the head in 2009.
After nine hours of deliberation, the jury announced a verdict that included nearly $6 million in compensatory and punitive damages to the two officers. There will be an appeal.
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 first, a jury found in favor of a gun store in Alaska.
The officers’ attorney, Patrick Dunphy, said Norberg was “overwhelmed with emotion” by the verdict, while Kunisch, who suffered from brain damage in the shooting, was stoic — as he was for all of the trial. Norberg and Kunisch left the courthouse without commenting.
Dunphy said he knew the case would be tough because of the strong opinions around guns, but it was important to hold this business accountable for making a gun sale so riddled with red flags.
“I didn’t want to send a message, I wanted to represent my clients, these two police officers,” Dunphy said. “Will it change the way things are done around the country? Time will tell.”
Brett Heaton Juarez, the jury’s foreperson, said the jurors all agreed the business practices of Badger Guns were shoddy. He recounted testimony from the owners that they didn’t train workers, didn’t have policies and procedures they regularly followed, had not read federal regulations and didn’t even know everything that was required on federal gun-selling forms.
………
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.
Badger Guns’ license was revoked by ATF in 2011 but the Jacob Collins transaction was not cited as a violation, so the jury did not hear that the store’s license was revoked.
………
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.
Badger Guns’ license was revoked by ATF in 2011 but the Jacob Collins transaction was not cited as a violation, so the jury did not hear that the store’s license was revoked.
Michael Allan, Walter’s other son, now runs a gun store in the same location.
Much of the nearly three-week trial focused on the events on a Saturday in May 2009. Collins came to Badger Guns on that day to buy a gun for Julius Burton, who was too young to buy a handgun from a store.
Dunphy 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.
After the verdict, Dunphy said he thought the most telling testimony came from Badger Outdoors co-owner Beatovic, who said there were red flags in the sale of the gun to Collins.
Badger in its various incarnations and aliases has been one of the most irresponsible gun stores in the nation for decades.
It’s nice that they Finally have to pay for Some their misdeeds, but by the same token, it is revolting that it has taken so long.
In a just world, the whole Allen Family would have been bankrupted and/or in jail many years ago.