Store That Sold Gun Agrees to Pay $1 Million

signa · 06-23-2004, 12:45 PM

Store That Sold Gun Agrees to Pay $1 Million to Officers Who Were Shot
By Jennifer Bundy Associated Press Writer
CHARLESTON, W.Va. (AP) -
A judge approved a landmark $1 million settlement Wednesday between two New Jersey police officers and the store that sold the gun used to shoot them.

Police officers David Lemongello and Kenneth McGuire of Orange, N.J., were shot with a Sturm, Ruger 9mm handgun in January 2001. Both were disabled and have retired. Their attacker, Shuntez Everett, was killed in a gunbattle with them.

The settlement between the officers and the Will Co., which operated Will's Jewelry and Loan in South Charleston, was approved by Kanawha County Circuit Judge Irene Berger.

The shop sold the gun and 11 others in July 2000 in a "straw sale," in which someone without a criminal record buys guns and turns them over to someone else. The store later contacted federal agents and cooperated in an undercover sting.

"This is the first case in which a gun dealer will pay damages, has paid damages for facilitating the gun trafficking in this way," said Dennis Hanigan, an attorney for the Brady Center to Prevent Gun Violence. The center and Charleston attorney Scott Segal are co-counsel for the police officers.

Segal said the settlement "shows gun retailers they have to be careful about who they sell their guns to and under what circumstances."

Lawrence Keane, an attorney for the National Shooting Sports Foundation, the trade association for the firearms industry, said there have been other settlements of cases against gun stores by people who were shot, but he did not know if any of those cases involved a "straw sale."

The gun used to shoot the officers was bought by Tammi Lea Songer of South Charleston, who turned the guns over to James Gray, a convicted felon who could not buy guns. Gray sold them to convicted felons, including Everett. Songer and Gray spent time in prison for their roles.

An attorney for the store, Michael Folio, said the shop is not admitting liability or that it did not follow industry standards, but settled because "it was a decision we found to be in the best interest of all parties.

"It was a tragedy what happened to the officers. It was a tragedy these people bought the guns by lying and deceiving and deceiving Will Company to begin with."

The gun retail industry has voluntary standards about gun sales, including how to be wary of straw sales, Segal said.

"The message is, if you didn't follow the standards as a retailer or a wholesaler, you are going to wind up having to pay money for your conduct," Segal said.

Songer gave the store false federal gun purchase forms and paid for the 12 guns with $4,000 cash Gray gave her in the store, the officers' attorneys said.

The day after the sale, store workers became suspicious because of the number of weapons Songer bought and contacted the federal Bureau of Alcohol, Tobacco and Firearms. The agency and the store set up a sting operation in which ATF officers dressed as store clerks, and Songer was arrested when she returned to buy guns again, Folio said.

Folio complained the settlement means "if a company like Will Jewelry complies with the ATF laws it appeared that company can be sued and have to pay damages."

The lawsuit is still pending against Sturm, Ruger and also names Ohio gun distributor Acusport as a defendant.

Acusport sold the gun to another distributor, who sold it to a Baptist minister. He gave or sold the gun to a friend who was a firearms collector. That person pawned it at the shop where the straw sale occurred.

Keane, the National Shooting Sports Foundation attorney, said suing the manufacturer and distributor is "an attempt to extort a settlement."

"Manufacturers don't control what goes on inside the store. It's like suing Budweiser if a bartender serves an intoxicated person," Keane said.
http://ap.tbo.com/ap/breaking/MGBXZAZOTVD.html

lefty o · 06-23-2004, 01:02 PM

the store owners are probably guilty of being negligent, but should they foot the bill? the batf's background checks should have put up big red flags with fireworks over someone trying to purchase a DOZEN guns in one day.

ScottD · 06-23-2004, 01:28 PM

There is a form (I don't know the form #) that has to be filed by the dealer to the BATFE if more than 3 handguns are purchased at one time. This is what is suppose to red flag the BATFE.

Sounds like the BATFE dropped the ball on checking into this.

dhermesc · 06-23-2004, 01:35 PM

Quote:

Originally Posted by lefty o

the store owners are probably guilty of being negligent, but should they foot the bill? the batf's background checks should have put up big red flags with fireworks over someone trying to purchase a DOZEN guns in one day.

The day after the sale, store workers became suspicious because of the number of weapons Songer bought and contacted the federal Bureau of Alcohol, Tobacco and Firearms. The agency and the store set up a sting operation in which ATF officers dressed as store clerks, and Songer was arrested when she returned to buy guns again, Folio said.

Basically they followed every rule in the book. Had they denied the person's purchase after having been approved by the BATF they would be sued for violating the person's civil rights. Seems like everyone is getting sued except the BATF who gave their blessing on the sale.

Rufus Rhastus J · 06-23-2004, 02:03 PM

Seems sad, but, the climate is anti-gun and one must avoid the preseption of wrong doing. Still, the gun seller should not be responsible for what the buyer does. It's not within the range of control the seller has. i think it is unfare to punish the seller.

Shaun · 06-23-2004, 02:49 PM

I agree with dhermesc

SPOCAHP ANAR · 06-26-2004, 07:28 AM

Quote:

Originally Posted by lefty o

the store owners are probably guilty of being negligent, but should they foot the bill? the batf's background checks should have put up big red flags with fireworks over someone trying to purchase a DOZEN guns in one day.

It is BATF regulation that if you sell more than two guns you must notify BATF with a form, not sure about a call. The dealer notified BATF about the sell as required by law which the article states. The article does not disclose this fact; rather they allow you to assume that the dealer screwed up after the fact and only contacted the ATF when they realized they screwed up.

I imagine there are collector's that buy 12 guns at a time, but they are usually known for their collection habits.

dave375hh · 06-27-2004, 06:13 AM

By caveing in and paying the million, this store stabbed the rest of the industry in the back. They can claim all they want that they didn't admit any wronddoing, but the fact that they payed up will not be lost on the lawyers who have been looking for a chink in the armor. This is a crack in the dam and we're all upstream. This one should have been stonewalled and fought tooth and nail. It dosen't matter who or how good the victoms are the payment is the downfall before you have a chance to feel good about what they did for the victoms families. All the pertinent laws were obeyed and reported to the BATFE, and nobody from the store shot anyone. So why are they paying?

06-23-2004, 12:45 PM	#1
signa Member Join Date: May 2004 Location: texas Posts: 53	Store That Sold Gun Agrees to Pay $1 Million Store That Sold Gun Agrees to Pay $1 Million to Officers Who Were Shot By Jennifer Bundy Associated Press Writer CHARLESTON, W.Va. (AP) - A judge approved a landmark $1 million settlement Wednesday between two New Jersey police officers and the store that sold the gun used to shoot them. Police officers David Lemongello and Kenneth McGuire of Orange, N.J., were shot with a Sturm, Ruger 9mm handgun in January 2001. Both were disabled and have retired. Their attacker, Shuntez Everett, was killed in a gunbattle with them. The settlement between the officers and the Will Co., which operated Will's Jewelry and Loan in South Charleston, was approved by Kanawha County Circuit Judge Irene Berger. The shop sold the gun and 11 others in July 2000 in a "straw sale," in which someone without a criminal record buys guns and turns them over to someone else. The store later contacted federal agents and cooperated in an undercover sting. "This is the first case in which a gun dealer will pay damages, has paid damages for facilitating the gun trafficking in this way," said Dennis Hanigan, an attorney for the Brady Center to Prevent Gun Violence. The center and Charleston attorney Scott Segal are co-counsel for the police officers. Segal said the settlement "shows gun retailers they have to be careful about who they sell their guns to and under what circumstances." Lawrence Keane, an attorney for the National Shooting Sports Foundation, the trade association for the firearms industry, said there have been other settlements of cases against gun stores by people who were shot, but he did not know if any of those cases involved a "straw sale." The gun used to shoot the officers was bought by Tammi Lea Songer of South Charleston, who turned the guns over to James Gray, a convicted felon who could not buy guns. Gray sold them to convicted felons, including Everett. Songer and Gray spent time in prison for their roles. An attorney for the store, Michael Folio, said the shop is not admitting liability or that it did not follow industry standards, but settled because "it was a decision we found to be in the best interest of all parties. "It was a tragedy what happened to the officers. It was a tragedy these people bought the guns by lying and deceiving and deceiving Will Company to begin with." The gun retail industry has voluntary standards about gun sales, including how to be wary of straw sales, Segal said. "The message is, if you didn't follow the standards as a retailer or a wholesaler, you are going to wind up having to pay money for your conduct," Segal said. Songer gave the store false federal gun purchase forms and paid for the 12 guns with $4,000 cash Gray gave her in the store, the officers' attorneys said. The day after the sale, store workers became suspicious because of the number of weapons Songer bought and contacted the federal Bureau of Alcohol, Tobacco and Firearms. The agency and the store set up a sting operation in which ATF officers dressed as store clerks, and Songer was arrested when she returned to buy guns again, Folio said. Folio complained the settlement means "if a company like Will Jewelry complies with the ATF laws it appeared that company can be sued and have to pay damages." The lawsuit is still pending against Sturm, Ruger and also names Ohio gun distributor Acusport as a defendant. Acusport sold the gun to another distributor, who sold it to a Baptist minister. He gave or sold the gun to a friend who was a firearms collector. That person pawned it at the shop where the straw sale occurred. Keane, the National Shooting Sports Foundation attorney, said suing the manufacturer and distributor is "an attempt to extort a settlement." "Manufacturers don't control what goes on inside the store. It's like suing Budweiser if a bartender serves an intoxicated person," Keane said. http://ap.tbo.com/ap/breaking/MGBXZAZOTVD.html __________________ It is better to die on your feet than to live on your knees.~ Emiliano Zapata

06-23-2004, 01:28 PM	#3
ScottD Senior Member Join Date: Mar 2002 Location: Evanston, IL Posts: 1,020	There is a form (I don't know the form #) that has to be filed by the dealer to the BATFE if more than 3 handguns are purchased at one time. This is what is suppose to red flag the BATFE. Sounds like the BATFE dropped the ball on checking into this. __________________ "Some people can not live without wilderness"-Aldo Leopold

06-23-2004, 02:03 PM	#5
Rufus Rhastus J Senior Member Join Date: Apr 2003 Location: West, Central Florida, Third World America Posts: 6,339 Images: 1	Seems sad, but, the climate is anti-gun and one must avoid the preseption of wrong doing. Still, the gun seller should not be responsible for what the buyer does. It's not within the range of control the seller has. i think it is unfare to punish the seller. __________________ "They cannot be trusted.....The Romulans (our politicos) are without honor." Worf

06-23-2004, 02:49 PM	#6
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,592 Images: 1	I agree with dhermesc __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

06-27-2004, 06:13 AM	#8
dave375hh Senior Member Join Date: Mar 2002 Location: Ohio Posts: 587	By caveing in and paying the million, this store stabbed the rest of the industry in the back. They can claim all they want that they didn't admit any wronddoing, but the fact that they payed up will not be lost on the lawyers who have been looking for a chink in the armor. This is a crack in the dam and we're all upstream. This one should have been stonewalled and fought tooth and nail. It dosen't matter who or how good the victoms are the payment is the downfall before you have a chance to feel good about what they did for the victoms families. All the pertinent laws were obeyed and reported to the BATFE, and nobody from the store shot anyone. So why are they paying? __________________ Dave 375 H&H

06-23-2004, 01:02 PM	#2
lefty o Senior Member Join Date: Mar 2002 Location: mn Posts: 4,785	the store owners are probably guilty of being negligent, but should they foot the bill? the batf's background checks should have put up big red flags with fireworks over someone trying to purchase a DOZEN guns in one day.