Posted on 11/15/2002 9:22:25 PM PST by Draakan
To: National Desk Contact: Amy Stilwell of the Brady Center to Prevent Gun Violence, 202-289-5792
WASHINGTON, Nov. 14 /U.S. Newswire/ -- Today, two New Jersey law enforcement officers who were shot and seriously wounded while on duty filed a lawsuit against the companies that put the gun in the hands of the criminal who shot them. Orange Police Detective David Lemongello and Officer Kenneth McGuire are seeking damages from a West Virginia pawnshop, Will's Jewelry and Loan, and gun manufacturer Sturm, Ruger. Also named as defendants are gun traffickers James Gray and Tammi Lea Songer, and the estate of the shooter, Shuntez Everett. The negligent behavior of the defendants enabled career criminal Everett to get the Ruger pistol that he used in a shootout with police. Detective Lemongello and Officer McGuire are represented by lawyers from the Brady Center and prominent West Virginia attorney Scott Segal of Charleston.
"Were it not for the negligence of these gun sellers, that gun would not have been in Shuntez Everett's hands," said Scott Segal.
"Gun manufacturers and gun dealers have known for years that gun trafficking and multiple sales of firearms supply the criminal gun market," said Jonathan Lowy, Senior Attorney with the Brady Center's Legal Action Project. "They have the ability to stop the flow of guns to criminals, yet they do nothing. They must be made to realize that their irresponsible conduct has very real consequences. In this case, the shooting of two police officers."
The filing of this lawsuit comes at a time when the National Rifle Association and the gun industry are pushing for federal legislation to grant the industry unprecendented immunity from liability to gun violence victims. Companion bills, H.R. 2037, sponsored by Rep. Cliff Stearns (R-Fla.), and S.2268, sponsored by Sen. Zell Miller (D-Ga.) would bar most negligence suits against gun sellers, including the suit filed today by officers McGuire and Lenongello. The NRA has stated that enactment of the bill is its top legislative priority.
"I wonder if the Congressional supporters of this special interest legislation are prepared to explain to officers Lemongello and McGuire why they should not be allowed their day in court," said Mr. Lowy. "Gun manufacturers and distributors and their dealers could cease and desist making large volume sales to gun traffickers. They won't do it, because they profit from every gun sold to the criminal market. Giving immunity to irresponsible gun sellers is a travesty of justice - the gun industry should not get a 'free pass' for negligent behavior and innocent victims of gun violence do not deserve to bear the costs created by the gun industry's irresponsible actions."
On January 12, 2001, Shuntez Everett shot Detective Lemongello and Officer McGuire with a 9-mm semiautomatic Ruger handgun, after being approached during undercover surveillance of a gas station that had been robbed repeatedly. Both officers survived but suffered serious debilitating injuries. Everett was killed during the shootings.
Investigation into the source of the gun revealed that the Ruger was one of several guns purchased by James Gray, another convicted felon, and his accomplice, Tammi Lea Songer. As convicted felons, both Everett and Gray were prohibited from purchasing guns, and New Jersey's strict permitting system prevented Gray from buying firearms from dealers within the state. Gray had Songer, a West Virginia resident with no criminal record, buy guns on his behalf from the Charleston, WV pawnshop. Such purchases are known as "straw" purchases. On multiple occasions, Gray and Songer purchased guns from the same West Virginia pawnshop, Will's Jewelry and Loan, which Gray then resold on the black market to other
criminals like Everett. In one month, Gray and Songer bought 22 guns in three visits to Will's.
On July 20, 2000, Gray picked out 12 guns for Songer to buy, including the Ruger, and gave Songer cash to pay for them. Although Will's personnel were sufficiently concerned about the gun purchases that they notified the Bureau of Alcohol, Tobacco and Firearms, they did so only after they completed the transaction -- and profits for Will's and for Sturm, Ruger were ensured. Six months later, the Ruger was used by Everett to shoot Lemongello and McGuire.
The suit charges gun dealer Will's with negligence for consummating a large-volume straw sale of guns obviously headed for the illegal market. The suit further charges gun manufacturer Sturm, Ruger with negligence for its failure to enforce a code of conduct that would require its dealers to spot and prevent straw sales and that would prevent its dealers from engaging in large-volume sales.
"The gun lobby claims that criminals will always get guns on the 'black market' as if the black market is a street corner where these gun magically appear," said Lowy. "We know how guns get onto the black market -- through the complicity of dealers and gun manufacturers who make it easy for gun traffickers to buy firearms. It's about time that gun companies stop putting profits ahead of public safety."
Since 1989, the Legal Action Project of the Brady Center, a gun violence prevention organization chaired by Sarah Brady, has pioneered innovative theories of gun industry liability against gun manufacturers and sellers. These theories have been used in the past to bring claims on behalf of individual victims of gun violence and are now being used by the cities and counties suing the gun industry. The aim of all of these lawsuits is to compensate victims while encouraging the gun industry to change its irresponsible business practices that contribute to the shameful level of gun violence in this country.
http://www.usnewswire.com -0- /U.S. Newswire 202-347-2770/ 11/14 12:42
Copyright 2002, U.S. Newswire
(Amy Stilwell of the Brady Center to Prevent Gun Violence)
Is money the real issue, or something else?
Comments?
By the way, Ann Coulter is coming on Hard Ball again.
Sounds to me like these two cops should be sued by the taxpayers for negligence in the performance of their duty. With the two of them working undercover, Shuntez should not have been allowed to shoot them. Their failure to do their duty costs the taxpayer, and those costs should be recovered from the officers.
Well, now... HCI (or whatever the f*** they call themselves these days) are up to their usual tricks. Now, why am I not surprized?
Someone please tell me, exactly HOW was this "obviously" a "straw sale" of a high volume of guns "headed for the illegal market"??? The gun dealer complied with extant laws governing gun sales. They even went further, contacting the BATF when they grew concerned. If the dealer had refused sale after complying with federal and state laws, the purchaser might have turned around and sued them for denial of civil rights.
Someone please now tell me exactly WHY Sturm Ruger was supposed to "enforce" (without legal authority to do so) a "code of conduct" (not required by extant laws) upon gun dealers which would "require" its dealers to "spot and prevent straw sales" (how are dealers supposed to know what is a straw-sale?) and that would "prevent" its dealers from engaging in "large-volume sales" (and, thus, illegally interfering with the ability of these dealers to make an honest profit)?
Let me get this straight: HCI(whatever) is suing Ruger et alia not only despite the fact that the named defendants did not violate any extant laws, but indeed BECAUSE they did not?!?
Does anyone know what kind of crack they are smoking over there in gun-grabber HQ???
Huh? I must be misunderstanding your question. You aren't serious, are you?
Maybe they should sue the BATF! When multiple guns are sold to a party over a short period of time, the gun dealer must notify the ATF. This isn't anything new... Back in 1989, I bought 2 handguns in one day, and was warned that the dealer had to notify the ATF.
Mark
They do? ...but the Police Officers in question don't? LOL
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.