Badger Guns 'failed miserably' in handgun sale, officers' attorney says

By John Diedrich of the Journal Sentinel Oct. 12, 2015 2:03 p.m.

Badger Guns "failed miserably" in its responsibility to protect the public when it sold a gun used to gravely wound two Milwaukee police officers in 2009, an attorney for the officers said in closing arguments Monday.

"They failed to stop a sale that frankly reeked with doubt," said Patrick Dunphy, attorney for officer Bryan Norberg and former Officer Graham Kunish. "A gun dealer can't wash his hands, walk away from his job and turn a blind eye. The risk to the public is too great."

Dunphy asked the jury to award $2.1 million to Norberg for past and future pain and suffering and $6.6 million to Kunish for past and future pain and suffering as well as lost wages. Dunphy also asked the jury to award at least $1 million in punitive damages, as punishment for the gun dealer and to send a message to other dealers.

The officers allege the gun-selling operation broke the law and knew or should have known it was negligent in its business practices. They also allege there was a conspiracy among the owners to keep the operation going and defeat a federal effort to revoke the license.

The case is only the second to make it to trial since a federal law passed granting immunity to gun dealers and manufacturers. A lawsuit can be brought if violations of the law are alleged.

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