Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
MILWAUKEE —A jury found Badger Guns negligent Tuesday in the sale of the gun used to shoot two Milwaukee police officers in 2009. Milwaukee police Officers Bryan Norberg and Graham Kunisch were shot in the face by Julius Burton in 2009 while on duty.
VIDEO: Judge reads verdict in Badger Guns case
The lawsuit alleged the store was negligent and should have spotted clear warning signs that the gun was being sold to a "straw buyer," or someone who was buying the gun for someone who couldn't legally do so.
The jurors said Badger Guns' negligence caused the injuries of the officers.
The jury awarded Norberg $1.5 million and Kunisch about $3.5 million, in addition to $730,000 in punitive damages.
Burton testified via videotape that he had a friend purchase the gun from Badger Guns in West Milwaukee because he was under age.
Burton told the jury that's where everyone went to get guns. He is serving an 80-year sentence.
The case was being closely watched across the country, WISN 12 News investigative reporter Colleen Henry said. It's the first plaintiff's verdict in a series of lawsuits against gun dealers for injury caused by the guns they sell.
In the Badger Guns case, there was video showing the straw purchase. Jurors saw evidence of the buyer struggling with the forms, and the man who shot the officers pointing to a gun, saying, "That's the one that I want."
In 2005, Congress passed a law to protect manufacturers and dealers from this kind of lawsuit with a few exceptions. That includes sales where the dealer was negligent in making the sale.
This jury said Badger Guns should have recognized this was a shady transaction.
"I want gun dealers to be on notice. They have a responsibility. They have a responsibility to make sure individuals cannot legally possess guns or get their hands on guns,' Milwaukee Mayor Tom Barrett said.
Barrett said the verdict is very significant to hopefully cutting down on the gun violence in Milwaukee and across the country.
The verdict in this case will most certainly be appealed, Henry said. It's been the focus of both the gun lobby and gun control advocates.
http://www.wisn.com/news/jury-reaches-verdict-in-badger-guns-trial/35821732