In 2005, a law was passed under the Bush administration which offered “blanket civil immunity” to manufacturers and dealers of guns, with a number of exceptions. One such exception is negligent entrustment of a customer with a firearm, which has been at the center of a number of publicized cases over the years.
In 2009, Julius C. Burton of Milwaukee, Wisconsin, was unlawfully riding his bicycle on a public sidewalk and subsequently stopped by two police officers. After disobeying and resisting the officers, he was backed up to a wall when he shot both officers with a firearm. One was shot in the jaw, while the other lost an eye and suffered brain damage.
It was determined that Burton had acquired the firearm about a month earlier using a “straw purchaser” named Jacob Collins. Burton was eighteen years of age and could not purchase it on his own, so he paid Collins to purchase it for him and the two went to the shop, “Badger Guns.” Burton stood next to Collins throughout the transaction as all paperwork was filled out by the latter. Following Burton’s altercation with police, both were arraigned and sentenced for their involvement in the illegal purchase of the firearm and eventual shooting.
Although justice was served for these individuals, the case’s controversy lies in whether the gun store was also liable for the shooting, and investigators have shed light on some disconcerting facts about this particular business:
– According to authorities, more than 500 firearms recovered from crime scenes have been traced to Badger, making it the nation’s top seller of “crime guns.” In 2006, the year after the Burton shooting, Badger Outdoors surrendered its license and one co-owner retired from his position. The other co-owner’s son acquired a new license and renamed the business “Badger Guns,” hoping to bury the business’s shady past.
– In 2008, investigators from the ATF found further violations and issued a warning to store owner Adam Allan, claiming the license would be revoked if any more violations were found.
– After finding additional violations in 2010, ATF investigators denied Allan’s attempt to renew the license. However, the ATF generally does not disclose particular violations due to secrecy laws passed by Congress.
If you or a loved one has suffered an injury due to negligence, contact America’s Consumer Lawyer for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
