Gun Control & RKBA
Related: About this forumVictim's husband sues Missouri gun sellers over Jewish center shootings
Source: Reuters
Victim's husband sues Missouri gun sellers over Jewish center shootings
BY ERIC M. JOHNSON
Gun sellers in Missouri, including a Wal-Mart, "recklessly failed" to stop a felon from illegally buying the guns used by a white supremacist in deadly 2014 shootings outside Jewish sites, according to a lawsuit filed this week.
Frazier Glenn Cross, 74, a former senior member of the Ku Klux Klan white supremacist organization, was sentenced to death in November for his attacks in Overland Park, Kansas, two years ago this week.
[font size=1]-snip-[/font]
The lawsuit seeking unspecified damages was filed on Monday in Jackson County Circuit Court by LaManno's husband and daughters.
It accused Wal-Mart Stores Inc, Friendly Firearms LLC and a gun seller and gun show operator in Missouri and Iowa, respectively, and their employees of negligence over the firearms sales to a man who indirectly bought them for Cross.
The gun buyer, John Reidle, also named in the suit, knew Cross was a convicted felon barred from buying the weapons.
[font size=1]-snip-[/font]
Read more: http://www.reuters.com/article/us-kansas-murders-lawsuit-idUSKCN0X92RE
Agnosticsherbet
(11,619 posts)discntnt_irny_srcsm
(18,565 posts)gejohnston
(17,502 posts)because, unfortunately, the law prohibits nonFFLs from having access to NICS.
oneshooter
(8,614 posts)Sounds to me like a person bought the firearms legally, then sold them to Cross.
Did he know that he, Cross, was a felon?
Not sure how this one is the store's fault. Wlmart is required to run a NICS check on all sales. If the buyer didn't come up as a felon, that's on the feds, not the store.
They have the forms on file. All they have to do is pull them out.
Duckhunter935
(16,974 posts)Were both present at the sale? If not how whould the store kniw? They performed a background check and the buyer apparently passed.
JustABozoOnThisBus
(23,737 posts)Walmart, Friendly Firearms, etc, are almost certainly going to prevail, if they conducted the proper background checks. So whoever is bringing the suit may be responsible for the legal costs of all.
The gun buyer, Reidle, may be a straw-purchaser, but it's not easy to prove, and he probably doesn't have deep pockets.
Good luck.
Eleanors38
(18,318 posts)...a willig party to a straw purchase which can be accomplished without any real third-party conspiracy.
DonP
(6,185 posts)In general, the Big Box stores have standardized training and a set of corporate ground rules for the clerks. There's not a lot of room for individual decision making. Plus, it's easier to get away with a straw purchase simply because the clerk can't always see the other person in the crowd or in a big store. e.g. "I'll tell you what I want, then stand over here in camping or the fishing department while you pay for it." kind of thing.
All the LGS I go to are smaller family businesses and I've personally seen them deny a sale because something just didn't feel or look right.
YMMV
Eleanors38
(18,318 posts)I wonder if those sueing are trying to force-fit a SLAPP suit despite legislation, and despite the particulars of this instance.
DonP
(6,185 posts)You know how much they loves them some loopholes.
Or at least claim they found one and score some kind of "win".