Gun Control Reform Activism

flamin lib

(14,559 posts) Fri Oct 23, 2015, 10:15 AM Oct 2015

Lawsuit filed against online firm involved in Azana slayings gun sale

http://www.jsonline.com/news/crime/lawsuit-filed-against-online-firm-that-sold-gun-in-azana-spa-slayings-b99601595z1-335806851.html

Three years to the day after a gunman shot seven women, killing three including his wife, at a spa in Brookfield, a lawsuit was filed against online gun sales site Armslist, its founders and the Cedarburg man who sold the murder weapon.
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In his posting on Armslist, a classified gun sales website from Oklahoma, Haughton wrote he was "looking to buy asap" and "have ASAP now and willing to buy now. I am mobile." Haughton first tried to buy an AK-47 assault rifle, but the seller, Andy Fallon, became suspicious, according to the complaint.

Haughton then contacted Devin Linn to buy a .40-caliber handgun Linn had posted for sale. Haughton also said he needed high-capacity magazines. The pair met and made the deal in the front seat of Linn's car in a McDonald's parking lot in Germantown on Oct. 20, 2012, the day before the shooting. Haughton paid Linn $500 for the gun and magazines. Linn did not return calls for comment Thursday.

Haughton was able to buy a gun despite a Milwaukee County judge issuing a restraining order against him just three days before the shooting. The restraining order barred him under federal law from owning a firearm or buying one from a gun dealer.

Gunners will say that it is already illegal for Haughton to buy a gun so more gun laws will make no difference.

Bullshit.

A universal background check, videotape of the transaction and fingerprinting the buyer will make a difference.

The background check would have revealed the restraining order.

A video tape of the transaction would reveal whether the seller did due diligence on the buyer; did he know the buyer was going to be the owner, did he verify the buyer was in state, did he try to determine if the buyer was a danger to himself or others.

Fingerprints of the buyer identify the buyer and can be checked against criminal data bases after the purchase for tracking and retrieval of the firearm.

There is more, much more, to be done.

Repealing the PLCAA (which will be used as a defense), permit to purchase, repealing "shall issue", repealing Stand Your Ground laws and strengthening domestic violence protection laws are essential.

2 replies

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Lawsuit filed against online firm involved in Azana slayings gun sale (Original Post) flamin lib Oct 2015 OP

I'm all for UBCs TeddyR Oct 2015 #1

All people dealing with a deadly commodity should do some kind of flamin lib Oct 2015 #2

TeddyR

(2,493 posts)

1. I'm all for UBCs

Reply to flamin lib (Original post)

Fri Oct 23, 2015, 11:02 AM

Oct 2015

Though I wonder if it would have worked in this situation since the firearm was purchased shortly after the restraining order was issued - no idea how long it takes to enter that type of info into the system. Isn't clear to me if the seller was a private individual or not so not sure he was required to perform due diligence. Not sure I see the relationship between this murder and "shall issue" or stand your ground laws though.

flamin lib

(14,559 posts)

2. All people dealing with a deadly commodity should do some kind of

Reply to TeddyR (Reply #1)

Fri Oct 23, 2015, 11:15 AM

Oct 2015

due diligence. I don't care if it's commercial pesticide or explosives. Yeah, I know it's a legal term with a real legal definition but you know what I mean. Did the seller verify that the sale was in-state? Did the seller even attempt to determine the intent and character of the buyer? That's where a video tape is useful. It makes the seller take responsibility for the sale.

The other suggestions are simply ideas to reduce gun violence.

SYG first. It isn't a license to kill, it's an incentive. As long as both participants are alive it's possible to prove that there was no justification for "self defense". Once there is only a single survivor it boils down to what that person says they thought was a self defense situation.

Shall issue takes the human element out of issuing a carry permit. As it should be abundantly clear by now a person can pass an NICS check and still be batshit crazy and a danger to themselves and others. Put local law enforcement back into the process.

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