Gander Mountain : ACA Shootings Not Our Fault

wbng.com ^ | 4 Apr 2011 | Lindsay Nielsen

[smokingfrog]

Binghamton, NY (WBNG Binghamton) - Two years after a gunman killed 13 people at the American Civic Association, a lawsuit is filed.

Samir Muhammad Al-Salihi is suing Gander Mountain, claiming its negligence was a factor in the death of his wife, Layla Khalil.

The lawsuit filed in State Supreme Court in Binghamton on Friday claims employees at Gander Mountain were aware Jiverly Wong was angry and mentally unstable.

Still, it says they sold him 4 handguns and ammunition between 2008 and 2009.

Ballistics reports show he used two guns to fire around 100 shots inside the ACA.

Wong legally possessed the guns, but the lawsuit claims prior to the rampage, employees at Gander Mountain in Johnson City had numerous disturbing interactions with Wong.

It alleges they were aware he was angry, aggressive and likely to use weapons in a manner that risked injury to himself or others.

In one case, it says an employee allegedly told Wong he would have to go to another salesperson because the employee found Wong to be too difficult to deal with.

The attorney says Layla Salman Khalil's husband and three children want to make people aware of the responsibility involved in selling firearms.

"If you are going to give someone a dangerous implement and if you know that that person can use that or will use that or is likely to use that against another person to cause physical harm than you're not allowed to do it," says Al-Salihi's Attorney, Kelly Fischer.

The lawsuit seeks a total of $3.75 million dollars in damages.

[mewykwistmas]

We all know he’s getting some money, fault or no fault.

[Free Vulcan]

Can you deny someone a gun if the NICS check comes back OK? I think their critics are assigning powers that these clerks don’t legally have.

[Inyo-Mono]

"If you are going to give someone a dangerous implement and if you know that that person can use that or will use that or is likely to use that against another person to cause physical harm than you're not allowed to do it," says Al-Salihi's Attorney, Kelly Fischer.

So selling a chainsaw or hammer to an angry person should not be "allowed?"

[Jack Hammer]

Heard it all before - grieving and angry but venal plaintiff, crooked lawyer, insurance company, out-of-court settlement, good-bye and get lost.

It’s a highly favored scam in judicial America.

[70times7]

So selling a chainsaw or hammer to an angry person should not be "allowed?"

If the standard is to "not sell something to someone that you believe is likely to do harm with it", should not lawyers be excluded from pen and paper?

[scott7278]

What if he’s denied, and then is brutally murdered - and then it’s discovered that the four guns were for him and his wife, and he was angry because of a threat made against her?

[Hardraade]

Samir Muhammad Al-Salihi is suing Gander Mountain, claiming its negligence was a factor

Well, governments ultimate duty is clearly to protect muslims. So how dare they let dhimmis - crazy dhimmis at that - possess dangerous implements??

[Moonman62]

Can you deny someone a gun if the NICS check comes back OK?

I think it depends on the state.

[smokingfrog]

I guess he passed the background check FOUR times, since he bought 4 guns. He apparently spoke very poor English, so I can see how a salesperson might find him difficult to deal with. Are gun salespersons supposed to be trained psychologists now too? A crystal ball might be helpful too, I guess.

[Lion Den Dan]

So now, a minimum wage store clerk is supposed to be a qualified psychoanalyst? Perhaps add omniscience to the job requirement.

[jwparkerjr]

There are places all along the time line of tragic rampages such as this to interrupt the process. Keep the person from getting a gun, keep the person from entering the premises with the gun, stop the perpetrator as soon as a gun is displayed. Obviously, to me at least, the most effective is to keep the person from getting a weapon in the first place. But it’s also the most problematical and likely to fail.

IMHO, the best answer is for the potential killer to know that his or her chances of encountering an armed citizen are quite, and getting higher all the time.

I have my weapon, and I have it on me as often as I can, legally.

[absolootezer0]

Can you deny someone a gun if the NICS check comes back OK? I think their critics are assigning powers that these clerks don’t legally have.

I believe that in america people still have the right to refuse service to anyone for any reason.

well.. unless they're black. or gay, or muslim, or a woman, or an illegal immigrant..

[Ruy Dias de Bivar]

***Can you deny someone a gun if the NICS check comes back OK? I think their critics are assigning powers that these clerks don’t legally have.****

There was a time when store owners could deny service to anyone based on race, creed, color, Natrional origin or attitude.

The feds changed that during the Johnson administration due to abuses.

I’ve seen people in gun stores that I personally would not sell even a plastic knife or fork to.

[piytar]

Should be dismissed for lack of causation on motion. Should be. Might not be.

[zeugma]

The feds changed that during the Johnson administration due to abuses.

Well, I'd certainly agree that the Johnson administration abused the Constitution.

I absolutely oppose laws that force people to do business with people they would prefer not to, for whatever reason. Laws like this would (and have), for example,  force a Christian printer to print pro-abortion or pro-gay propaganda. I believe this is a base violation of their property rights.