On Behalf of Wounded Cops, Brady Center Sues Top Seller of Crime Guns

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WASHINGTON --- The Brady Center to Prevent Gun Violence filed a lawsuit today in the Circuit Court of Milwaukee County against Badger Guns, a top seller of crime guns in the nation, on behalf of injured Milwaukee police officers Alejandro Arce and Jose Lopez III. 

The complaint alleges that Badger Guns negligently and unlawfully sold the gun used against the officers to a drug-using gang member days before the November 6, 2007 shooting.

“Officers Arce and Lopez put their lives on the line to protect the people of Milwaukee. We are honored to represent them in this matter” said Paul Helmke, President of the Brady Center. “We need to send a powerful message to gun dealers like Badger Guns that they will be held accountable when they knowingly funnel guns into the criminal market.”

According to the complaint filed today, Officers Arce and Lopez were shot with a Taurus 9mm pistol that was purchased by 24-year-old gang member Jose Fernandez eight days before the shooting.  The complaint alleges that less than two weeks before purchasing the Taurus, Badger Guns negligently and illegally sold Fernandez a Masterpiece Arms 9 mm assault weapon, two high-capacity thirty round ammunition clips, and a flash suppressor. 

Fernandez had a criminal history and was prohibited from buying guns because he was an unlawful user of illegal drugs, including heroin and marijuana.  On the night of the officer’s shooting, Fernandez was in possession of marijuana, cocaine mixed with crushed pills, valium and oxycodone, along with drug trafficking paraphernalia.

Operating under the names Badger Guns, Badger Outdoors, and Badger Guns & Ammo, in previous years Badger has ranked as the number one crime gun dealer in America, selling more guns traced to crime in a year than any other dealer.  Today’s filing alleges that Badger has sold an average of more than one crime gun every day of the year - an average of more than 10 a week; has sold firearms in violation of state and federal law and engaged in unlawful straw sales; has accounted for two-thirds of all the crime guns recovered in Milwaukee; and that in recent years, 90 percent of straw buyers prosecuted in Milwaukee purchased their guns at Badger.  All told, Badger has sold more than 4,000 crime guns.

Patrick Dunphy of the Brookfield, Wisconsin law firm of Cannon & Dunphy is serving as co-counsel with the Brady Center in the case.

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rkm's picture

if I could sue Brady on behalf of the rest of the nation for them butting their noses into other peoples business. I am not saying something should not be done about Badger arms, but should it not be the DA or the family members filing suit?

User Removed's picture

You have to do a bit of digging to find the truth. Brady isn't suing anyone. Brady has no legal standing to sue anyone. Brady is picking up the tab on the suit in a fashion that basically amounts to bribing the officers to act as plaintiffs.

Brady lies about everything. That being the case, I think it's a safe bet Badger did absolutely nothing wrong. Pay special attention to what these liars are basing their claims on. All their references are to the lies they put into the complaint they, themselves, wrote and filed.

User Removed's picture

There's one that'll get tossed out on a 12(b)(6) motion as fast as you can say frivolous law suit.

Out of curiosity, I did a quick yellow pages search for gun stores in Milwaukee. Not surprisingly, Badger appears to be the only one in the city.

Doing another quick search on Wisconsin gun laws, this is what I found:

http://crime.about.com/od/gunlawsbystate/a/gunlaws_wi.htm

Of special interest is WI makes it a crime to carry a concealed weapon under any condition and does not issue carry permits. In other words, these "crime guns " the Brady Communists talk about would refer to any honest citizen arrested while exercising his or her Constitutional right to keep and bear arms.

Since WI gun laws require a background check and waiting period for handguns, only an idiot would believe this shop didn't meet all legal requirements of the law. In fact, it's a dead certainty the Brady Communists would have mentioned it if that were the case.

For a long time now, I've been waiting to see someone go after the Brady Communists under 42 USC, 1983:

http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity"

It seems to me this would be a perfect case to turn around and file a cross complaint against the Brady Communists for civil rights violations committed under color of law.

Of course, the tough part about that sort of thing always comes down to trying to find an attorney who understands English and is smarter than a rock. Lotsa luck.

thisiszachs's picture

Until some thug has pointed a gun he got from Badger Guns in your face, don't speak as if you know about that store. They will sell to anyone and everyone, take it from someone who grew up in Milwaukee down the street from one of their stores and dealt with gang violence involving their guns . I find it funny that most of you second amendment worshipers have never spent any time in an area where you really don't want everyone to be exercising their right to bear arms.

SolarSanitizer's picture

If those cesspools allowed their citizens the right to carry, the 'cess' would be drained from the 'pool'.

More guns , in the right hands= less crime . Period. Why do you think that gun stores and gun shows are not targeted by mass-shooters as are gun-free-zones?

Guns protect people. If they didn't, police would not carry them.

The plural of 'anecdote' is not 'data'.

thisiszachs's picture

I think the hick towns most of you righty retards come from aren't big enough to be considered cities. Maybe you use your guns for raccoon hunting or some sh*t, but it easy to see you've never had to defend your own worthless life with one, never seen what armed conflict does to a community. So I forgive your ignorance.

shawninMo's picture

Your "lefty" social experiment has failed. For every one of those crazed bumpkins living in the hills the left loves to take note of, there are a hundred government cheese addicted victims terrorized by their own children. Your system doesn't allow for personal responsibility in life, so it's easy to see how your neighbors don't know how to be responsible with their rights.

Gun violence is like rectal cancer on this nation. It's localized to the ass of our country and we would like to keep it from spreading to our brain..

I don't follow anyone, because those that appear to be on the same path usually end up just getting in my way.

SolarSanitizer's picture

I think the inner-city slums most of you lefty leeches come from aren't sparse enough to be considered habitable. Maybe you use your knives for victim hunting or some sh*t, but it easy to see you've never had to defend someone-else's life with one, never seen what civil liberty does for a community. So I forgive your ignorance.

The plural of 'anecdote' is not 'data'.

User Removed's picture

I was sitting in the livingroom reading. It was around 10 PM, when someone came knocking on the door. I wasn't expecting anyone and wasn't dressed for company, so I didn't answer the door. They kept knocking and when I still didn't answer, they went to work trying to jimmy the front window.

At that point, I decided talking to company wasn't a bad idea after all. I opened the door and pointed a loaded 9mm at the perp's belly, at which point the would be burglar decided there were better things to do than visiting my house.

During the following three years I lived in that house, there wasn't a single break in anywhere within 5 miles of my home.

So now, here you are weaping crocodile tears while clinging to your mommy's leg. You live in perpetual terror that the next time you leave your home, you will become a victim of the criminal elements you pay Danegeld to. You live in a place where free citizens have been disarmed and are subject to arrest should the local storm troopers discover a weapon somewhere about their persons. You look to these storm troopers for protection, but nevertheless live in perpetual fear as you know you will never be lucky enough to have one close enough to help when you are in harm's way.

Now you tell me it's a bad thing that some of the storm troopers got shot while evidently trying to arrest a local drug dealer. You're probably a drug user yourself, and on any other day would be arguing the storm troopers should leave the poor drug dealers and drug users, such as yourself, alone.

You can't imagine a time, not so very long ago, when free citizens purchased the tools for their own defense as easily as you purchase a dozen eggs. They carried their arms any place free men may go, whether it be to the courthouse or the local school. In most large cities, a 14 year old virgin could walk down the street in the middle of the night, without fear or threat. City parks were places of peace and enjoyment, not places of ambush.

That's all changed in many places as a result of the Code Pinko sissy boys and Brady Communists. You show me a gun free zone, and I will show you a site of mass murders. You show me a place where free citizens have been disarmed, and I will show you a place where criminal gangs rule the streets.

So, I'll say it again. Move to Mexico, bitch. I don't want to live the way you do.

SolarSanitizer's picture

I agree.

Your anger at those who spread the mentality of perpetual victimhood is warranted and reasonable. Such a mentality is pervasive and one of the great tragedies of contemporary American life.

We know you are right, Don.

The plural of 'anecdote' is not 'data'.

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