Wisconsin Gun Shop Negligence Trial Closing Arguments Win

Liberty

Declaration of Independence

Back door action can mean many things to many people. In this instance, the term means basically using a flanking maneuver to achieve the goal of banning private, law abiding citizens from keeping and bearing arms. Ideas like taxing ammunition into being un-affordable, associating gun ownership with being “mentally ill,” to restricting how many rounds you can have in your rifle or pistol, to assuming that anyone suffering from “stress,” especially vets who swore an oath to uphold the Constitution, are all ways of trapping the unwary gun owner into surrendering his or her rights.

Liberty or Safety?

Under the guise of safety and appealing to emotion based voters, the above goal still has not been achieved by the Progressive left. But the American left wing media has been efficient at Alinsky “Jamming” techniques and appealing to emotion based soccer mom type voters, which no doubt has influenced the jury pool, especially in states like Wisconsin, with its Hodgepodge of far left, and far right judicial districts. If courts can scare entrepreneurs and insurance companies from the risks associated with firearms businesses, there will be no way for law-abiding citizens to buy guns. Mission accomplished.

The nation is more divided than ever now over gun control, especially amid revelations that Obama intends upon flooding the U.S. with over 100,000 military-aged male Muslims from countries and areas where hate against the U.S., Jews, and homosexuals is taught from birth. The case stems from two police officers being wounded by guns purchased from Badger Guns, aka and its predecessor Badger Outdoors. The shooter Burton pled guilty to two counts of first-degree attempted intentional homicide and was sentenced to 80 years.


Enter the Lawsuits Against Gun Stores Era

Before we delve deeper into the story, a little background from a former resident from the locale about the gun store is in order, found here, and linked from Google Plus:

I used to live right down the street from Badger Guns. These are BAD GUYS. They were all behind the Assault Weapons “ban” a few years back because they sold 1000+ SKS rifles in just a few months in the panic rush. The store was sold to the brother to try and keep the business, and the ATF watched them even closer after the first sting operation, and the brother was doing the same crap, selling to people who say they are buying guns for someone else (undercover agents). They call them “Bastard Guns” locally for a reason. – John Doe (Faraday Defcon)

The case’s closing arguments on Monday attorney Patric Dunphy for Milwaukee police officers Bryan Norberg and Graham Kunisch who were shot told the jurors the gun shop should be required to pay several million dollars in damages because they sold the gun used in the shooting. Defense attorneys for Badger Guns and its predecessor operators said their clients did not act negligently in selling the weapon.

Deception.

The gun was purchased legally by what is referred to as a straw buyer. The attorney said his clients and the clerk were deceived by the straw buyer, which is a person purchasing a weapon legally to provide another person who cannot legally purchase a firearm.
Attorney Dumphy told jurors several clues should have provided reasons to stop the gun sale.

These included the behavior of the buyer; Jacob Collins, improperly marked forms and the recipient, Julius Burton was too young to purchase a weapon. Dunphy also claimed the gun shop did not verify Collins identification when the weapon was transferred.

Punitive Damages.

The police officers lawyer claimed the jury should award Norberg over $2 million for his wounds and Kunisch should be awarded $5.6 million for his damages with another $1 million in punitive damages to punish the defendants and to warn other gun shops of the consequences. Defense lawyer Vogts said the owner of Badger Guns at the time of the sale, Allen Adam, owner and Donald Flora sale clerk, said for the officers to recover damages they would need to prove Flora knew he was committing a crime. Collins and Burton purposely misled the sales clerk.

Flora testified earlier in the trial that he did not remember the gun sale transaction. Badger Outdoors told the jury that when the sale took place her clients no longer owned stakes in the store. Also, the operation had been turned over to Allan’s son Adam Allen.

Vogts said Adam Allen did not buy the gun shop from his father intending to sell guns to criminals. Also, both Vogts and Gunderson said their clients were not engaging in conspiracy. Collins purchased the weapon legally. The case went to the jury Monday. And it has a lot of attention focused on the negligence trial. After all, it could set a new precedence for gun shop owners if the jury favors the plaintiffs.

The shooting occurred in 2009 when Norberg and Kunisch stopped Burton for riding a bicycle on the sidewalk. Kunisch was shot multiple times. As a result, he lost an eye and damaged the frontal lobe of his brain. Norberg suffered a bullet wound to the check causing the loss of eight teeth and then lodging in his shoulder. Norberg has remained on the police force. But he says the wounds have made his job difficult.

Straw Purchase.

Collins pled guilty of making a straw purchase for an underage individual. He received a two-year sentence. According to claims by authorities, they recovered over 500 firearms from crime scenes. All of them came from Badger Guns and Badger Outdoors. So that makes it the top crime gun dealer in the U.S. And that is in a document from an unrelated case in 2005.

Federal agents have said the gun shop did not take the necessary precautions. If they had, they could have prevented straw purchases. This case has worked its way into the political campaign trail. Now Hillary Clinton says she would push for repeal on George W. Bush era gun laws. Clinton claims these laws shield clients from liability claims.

The Judge Favored the Police.

In any event, it turns out that the judge in this case, ruled in favor of the government employees.

The court may have unwittingly:

Opened up a flood gates of potential cases by personal injury attorneys in anti gun states like California and New Jersey.

The above quote is by California accident attorney Michael Ehline. He works for Ehline Law Firm Personal Injury Attorneys, APLC. What he said is not without merit.  In the past, the anti-self-defense rights left has been very intelligent. They learned to pack the courts with judges who rule on emotion. Most could care less about the Constitution and universal rights.

In this case, they found a federally licensed gun dealer with a known pattern and practice of selling guns to fronts. These buyers called “straw men,” are criminals.

If the gun shop’s case loses on appeal, this may become the new cottage industry of personal injury lawyers. And maybe it was just in time. After all, driver-less vehicles may end up bankrupting tort lawyers in America anyways. And that could make the UK’s ban on insurance company referral fees look like a walk in the park.

At the end of the day, history shows tyranny follows confiscation. Injury attorneys work on a contingency fee. And many have a “bottom feeder” reputation. And today they proved why. Their pocketbooks are more important than self-defense rights. Let the back door action begin.

More:

http://bearingarms.com/tag/anti-gun-laws/

http://www.newsmax.com/TheWire/most-influential-pro-gun-rights/2015/07/13/id/654745/

http://hotair.com/archives/2015/07/10/hillary-clinton-finally-stakes-out-an-anti-gun-position/

http://www.guncite.com/swissgun-kopel.html