Illegal gun case gives ammo to both sides in gun rights debate

A Wisconsin ruling last week gave ammunition to each side in the Second Amendment debate.

A civil court found Badger Guns negligent in selling a .40-caliber handgun used to shoot two police officers in the face. A bullet shattered eight of Officer Bryan Norberg’s teeth, blew through his cheek, and lodged in his shoulder. Graham Kunisch, shot several times, lost an eye, part of his brain, and his ability to stay on the force. The jury ordered Badger Guns to pay Norberg and Kunisch a total of $6 million—but appeals will probably go on for years.

The decision raises questions about who is culpable for violent gun crimes: those who sell firearms, or those who pull the trigger. Despite the high damage award, the jury’s ruling in this case didn’t answer the question definitively.

The story began when Julius Burton, who could not pass the federal background check needed to purchase a gun, paid Jacob Collins $40 to buy him one at Badger Guns. The Milwaukee Journal Sentinel reports a surveillance video showed Burton indicating which gun he wanted and looking over Collins’ shoulder as Collins completed required paperwork, on which he initially indicated he was not buying the gun for himself. When Collins realized he didn’t have enough money, the pair exited and reentered the shop. Then the clerk finalized the sale.

One month later, Burton was riding his bicycle on the sidewalk when Officers Norberg and Kunisch stopped him. Burton shot them. He pleaded guilty to two counts of first-degree attempted intentional homicide and is serving an 80-year sentence. Collins received a 2-year sentence after pleading guilty to buying the gun.

The officers sued Badger Guns for allowing the straw purchase. Their lawyer cited an unrelated 2005 case in which authorities called Badger Guns the “No. 1 gun crime dealer in America.” Authorities have traced back to Badger Guns and Badger Outdoors firearms from more than 500 crime scenes. The defense argued that store owner Adam Allan cannot be held financially responsible for crimes committed with a gun sold at his shop, and that Burton and Collins took pains to deceive the store clerk, who did not know the purchase was illegal.

Following the ruling, gun-control advocates interpreted the Badger Guns loss as a good omen for Democratic presidential hopeful Hillary Clinton’s goal of repealing the Protection of Lawful Commerce in Arms Act (PLCAA). The Bush-era law shields gun manufacturers and salesmen from liability for their customers’ crimes, just as car manufacturers are not liable for drunk drivers’ actions.

But Second Amendment supporters say the ruling shows the opposite. BearingArms.com editor Bob Owens wrote last week that Badger Guns’ loss “strengthens the argument that the PLCAA works precisely as it should. … Every law-abiding gun owner should be overjoyed when unscrupulous dealers are shuttered.” By finding against Badger Guns, jurors reinforced what responsible firearms enthusiasts have said for years: Follow the law.

The Associated Press contributed to this story.