Can a gun shop be held responsible for customer crimes?
A Wisconsin gun store has been ordered to pay almost $6million to two Milwaukee police officers who were shot in the face and seriously wounded by a gun purchased at the store.
Norberg and Kunisch, who said the shootings left them physically and mentally scarred, argued that Badger Guns negligently sold a handgun that ended up in Burton’s hands.
The two officers sought financial compensation and sued for negligence, alleging that the West Milwaukee gun shop should have known that the gun used in their shooting had been sold as part of a straw purchase.
During the trial, the gun store’s lawyers and staff had maintained that Badger Guns had never intentionally sold weapons to criminals. The policemen were each shot in the face by Julius Burton, 18, after they stopped him for riding a bicycle on the sidewalk and a fight ensued.
One bullet shattered eight of Officer Norberg’s teeth, blew through his cheek and lodged in his shoulder. He says the wounds forced him to retire.
Today a Milwaukee jury agreed that the sale should not have been made and found Badger Guns liable for the consequences of that sale, ordering the store to pay Officer Norberg $1.5 million and Kunisch $3.6 million, plus another $730,000 in punitive damages.
Democratic front-runner Hillary Clinton recently promised to repeal laws that shield gun shops from liability claims and provides straw purchasers with tougher sentences.
The officers’ lawyer, Patrick Dunphy, said his clients “feel very relieved”, although he anticipates years of appeals.
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.
Burton told the jury that’s where everyone went to get guns. “If Badger Guns had done its job… then Bryan and Graham would not have been shot”.
The officers said the straw buy was illegal, thus Badger Guns is partly responsible for their injuries. All three entities have been run by Allan family members.
Norberg and Kunisch cited that detail in their lawsuit, saying it showed a history of negligence.
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 federal case.