Posted on 04/01/2019 12:09:39 PM PDT by PROCON
Brady argued in court that Cabela’s provided incorrect data to NICS when the buyer checked that she was the actual transferee/buyer of the gun in 2016. The court said last week the retailer had no way to know the woman was lying at the time, a fact that was only uncovered by police months later (Photo: Chris Eger/Guns.com)
A national gun control group was handed a defeat by a Delaware court in a lawsuit over a gun sold to a straw buyer that was later used in a crime.
New Castle County Superior Court Judge Vivian L. Medinilla agreed with big box retailer Cabela’s that the lawsuit, brought by the Brady Campaign last year over the sale of a pistol that was later traded by a felon and used in a shooting that killed an area woman, and dismissed the case. Medinilla noted in her ruling that the gun control group, representing the family of slain 19-year-old Keshall “KeKe” Anderson, did not make their case.
The group had filed suit last year arguing that store employees ignored warning signs of July 2016 illegal “straw purchase” made by the girlfriend of a long-time criminal, John Kuligowski. The handgun was later traded on the street by Kuligowski and tied to a drive-by shooting that killed Anderson. While Kuligowski went on to receive 27 months in federal prison, Brady went after Cabela’s, contending store employees should have known that the felon’s girlfriend provided a false address on federal paperwork and lied on a statement when she certified that she was the actual purchaser of the gun.
Medinilla pointed out that the federal National Instant Criminal Background Check System greenlit the transfer and police were only later able to identify that she had provided the false address and statement months after the fact. While Kuligowski had driven his girlfriend to the retailer, he remained in the parking lot while she bought the gun.
“Cabela’s performed a NICS background check, received a ‘proceed’ response, and otherwise complied with the relevant statutory provisions,” said Medinilla, saying her ruling did not prevent Brady from suing Kuligowski, his girlfriend or the persons charged in Anderson’s death.
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What, you mean you can’t be sued for failing to act on information you don’t actually have?? What’s this world coming to?
“saying her ruling did not prevent Brady from suing Kuligowski, his girlfriend or the persons charged in Anderson’s death.”
Like any lawyer on the planet would take that case.
L
Now Cabelas needs to sue them for all lawyer fees and any and all court costs.
Make the gun ignorant, gun grabbing A-holes pay through the nose.
The only way to get these people to stop is to bankrupt them.
I assume Kuligowski’s girlfriend is in Fed lock-up?
Did they reference the second amendment for any reference to NICS?
Cabela’s rescinded their veteran/military discount so I’ve heard. It was only like 5% but still.
I seem to recall Sarah Brady purchasing a Remington Model 700 in 30-06 which, it later ensued, she purchased expressly for her son, not herself. She gave the rifle to her son. Thus, the sale was an illegal straw sale. She also had a close connection with the anti-gun outfit involved in the suit. If she was ever prosecuted under the law against straw sales, I missed it. Of course, as a dues paid member of the heavy left elites, she needn’t have worried about violating such laws. Only we deplorables need obey them.
Clearly the world has been turned upside down... Algore was correct???
Deonta Carney, 18, pleaded guilty to criminally negligent homicide on Tuesday. Abdullah Brown, also 18, pleaded guilty to manslaughter and a weapons charge on Wednesday.
Deonta Carney, Abdullah Brown
Plead back in January. Sorry folks, it wasn’t Cabela’s that killed “KeKe”.
It is legal to buy a gun as a gift, as long as the recipient is eligible to own a firearm. What Sarah Brady did was not an illegal straw purchase, but it did make for very poor “optics,” and was hypocritical to boot.
Perfect examples of the bell curve.
> Not sure what Delaware law says about the losing party paying legal fees but I hope Cabelas demands the Brady Group reimburse ALL relevant court fees/attorney fees.
Seconded.
Yes, they dropped it when Dick’s bought them. They adopted some anti-2nd amendment policies as well. Anti-veteran, anti-2nd amendment. Pretty much stopped shopping there.
Dicks didn’t buy Cabelas.
Correct, Bass Pro did and if I recall correctly repeated some of the same policies as at Cabela. They stopped selling to under 21, removed “assault weapons”, stopped veteran discounts, etc. I pretty much see Bass Pro Shop, Cabela, Gander, and Dicks as all the same.
It depends on state law.
Here in Washington state you can give an immediate family member, (wife, husband, son, daughter, sister, brother) a firearm without breaking any laws.
I bought and gave my son a 9mm handgun for his 21st birthday.
Now, on question 11a of the ATF form 4473 I did declare I was purchasing it for myself, which I was, and then gave it as a gift to my son.
Cabelas did not remove “assault weapons”.
Didn't know that Dick's bought them - never will shop there again.
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