Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Store That Sold Gun Agrees To Pay $1 Million To Wounded West Virginia Officers
http://www.officer.com/article/article.jsp?id=14190&siteSection=1 ^

Posted on 06/23/2004 12:05:36 PM PDT by Stew Padasso

Store That Sold Gun Agrees To Pay $1 Million To Wounded West Virginia Officers

............ JENNIFER BUNDY Associated Press

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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: bang; banglist; leo
Navigation: use the links below to view more comments.
first 1-2021-27 next last

1 posted on 06/23/2004 12:05:38 PM PDT by Stew Padasso
[ Post Reply | Private Reply | View Replies]

To: *bang_list

ping


2 posted on 06/23/2004 12:06:13 PM PDT by Stew Padasso ("That boy is nuttier than a squirrel turd.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stew Padasso

The responsible criminal was the person who acted as a straw party, but criminals don't have deep pockets, so go after the innocent party.


3 posted on 06/23/2004 12:16:38 PM PDT by E. Pluribus Unum (Drug prohibition laws help fund terrorism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stew Padasso

So it begins, I knew the Repubs would wimp out on protecting our gun rights.


4 posted on 06/23/2004 12:17:37 PM PDT by 50 Cal
[ Post Reply | Private Reply | To 2 | View Replies]

To: Stew Padasso

Talk about spin. In a desperate effort to give the case precident they put in the language about the judge approving the settlement. Why didn't the defense lawyer put in a confidentiality agreement on the settlement?

It also does not mention if it is INSURANCE that is paying this bill. If it is insurance then the owner is not actually out money other than in the form of loosing a carrier. The article does not mention clearly if the man KNEW it was a straw sale or if the owner arranged it himself.


5 posted on 06/23/2004 12:19:57 PM PDT by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 50 Cal

What does this have to do with Republicans?


6 posted on 06/23/2004 12:21:27 PM PDT by StumpyPete
[ Post Reply | Private Reply | To 4 | View Replies]

To: Stew Padasso
And so for a DUI injury/death can they sue the car dealership?

The perp paid the ultimate price. (not enough?) They need to go after Ms Tammi, who aided the felon too.

Who ends up paying in the long run? Don't get me wrong. I have tremendous respect for policemen. It's lawyers and their greed, I hate
7 posted on 06/23/2004 12:24:03 PM PDT by lula (plsjr's wife)
[ Post Reply | Private Reply | To 2 | View Replies]

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

There's also something that's NOT voluntary. It's called 18 USC 922, I believe.

Buy 'em now, folks.

Insurers will see this and raise rates for liability insurance for FFLs.

And that can only cause firearms prices to go up.

Another nail in the coffin, folks- if they can't ban 'em, Plan B is to price 'em out of the reach of most people.

8 posted on 06/23/2004 12:24:21 PM PDT by George Smiley (It amazes me how easily John Kerry can straddle both sides of the fence for any given issue.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stew Padasso

I would usually have sympathy for police officers injured in the line of duty but when a gun has gone through eight different owners before reaching the criminal. to try and hold ruger responsible requires me to point out that they can find sympathy in the dictionary somewhere between s#it and syphllis.


9 posted on 06/23/2004 12:24:24 PM PDT by bad company (This space For Rent)
[ Post Reply | Private Reply | To 1 | View Replies]

To: longtermmemmory

"The article does not mention clearly if the man KNEW it was a straw sale or if the owner arranged it himself."

That is the part that concerns me.


10 posted on 06/23/2004 12:24:39 PM PDT by Stew Padasso ("That boy is nuttier than a squirrel turd.")
[ Post Reply | Private Reply | To 5 | View Replies]

To: Stew Padasso
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.

I understand that if you buy two or more pistols in one day, the dealer MUST notify BATFE.

11 posted on 06/23/2004 12:26:21 PM PDT by George Smiley (It amazes me how easily John Kerry can straddle both sides of the fence for any given issue.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stew Padasso

...another scheme for wealth redistribution to left/liberal lobbies of singles.


12 posted on 06/23/2004 12:30:33 PM PDT by familyop (Essayons)
[ Post Reply | Private Reply | To 1 | View Replies]

To: StumpyPete

They did not fight anywhere near hard enough to get Tort reform IMHO. They are rapidly becoming minions of the Trial Lawyers just like the Dims.


13 posted on 06/23/2004 12:32:28 PM PDT by 50 Cal
[ Post Reply | Private Reply | To 6 | View Replies]

To: Stew Padasso

Hmmmm...

So if the store KNOWINGLY sold the guns to a "straw purchaser" that was buying on behalf of criminals - I can at least see where this case was coming from.

On the other hand - unless the criminal was standing right there, how is a gun dealer suppose to know that it is a straw purchase?

I guess if I am ever injured by a drunk driver, I can not only sue the bartender/liquor store who sold the liquor to the driver, but I can also sue the dealership that sold the "lethal weapon" to the drunk driver (at least if he has a record of drunk driving)?

The perp that shot the officers got his - he died in the gunfight. I am fairly certain that the officers were covered by workers comp, as well as some sort of disability coverage -and should have had their own such policies on top.

I feel for the officers but would feel a lot more comfortable with a lawsuit against the straw purchaser(s). They were the ones who actually provided the weapons to the criminals.


14 posted on 06/23/2004 12:47:49 PM PDT by TheBattman (http://www.miniclip.com/bushshootout.htm)
[ Post Reply | Private Reply | To 1 | View Replies]

To: longtermmemmory
The article does not mention clearly if the man KNEW it was a straw sale or if the owner arranged it himself.

If the owner willingly did the straw sale (that is, he knew the gun was going to eventually go into a crimminal's hands) then I doubt he would contact BATF the day after the gun sale. Unless he was trying to setup up the two, or got cold feet. Hard to tell.

But regardless this sets a bad precedent for honest gun dealers having to track down what happens to the guns they sell.
15 posted on 06/23/2004 12:49:50 PM PDT by lelio
[ Post Reply | Private Reply | To 5 | View Replies]

To: TheBattman
I can not only sue the bartender/liquor store who sold the liquor to the driver

Stop thinking so small. Sue the liquor companies for selling the alcohol to the business in the first place. They know FULL WELL that some alcoholics MIGHT drink their product and MIGHT get in a car afterwards.
16 posted on 06/23/2004 12:51:15 PM PDT by lelio
[ Post Reply | Private Reply | To 14 | View Replies]

To: Stew Padasso

I wonder if we can sue John Effin Kerry because Heinz ketchup enhances the flavor of meat and that causes some people to eat too much and gain weight?


17 posted on 06/23/2004 1:00:01 PM PDT by Veggie Todd (Were those magic grits?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lula

Yeah, why not do background checks on people who purchase cars. Too many speeding tickets? DUIs--no car or the dealership is held liable. Who knows, it may be coming one day.


18 posted on 06/23/2004 1:01:18 PM PDT by beaversmom (Michael Medved has the Greatest radio show on GOD's Green Earth)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Veggie Todd

Oops, that's wrong. We would have to sue the tomato farmers that sold the tomatoes to Heinz.


19 posted on 06/23/2004 1:01:52 PM PDT by Veggie Todd (Were those magic grits?)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Stew Padasso

Seems to me everyone involved in this case, on the prosecution side are greedy perverts, only US citizens, not Americans.


20 posted on 06/23/2004 1:03:26 PM PDT by ampat
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-27 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson