looks like there's more to this story than meets the eye
BATF Investigation of B & J's Shooting Supply
Store's firearms dealings studied
Colonie -- Lawsuit filed in dispute between owners has federal agents looking at whether weapons were sold illegally
By BRENDAN LYONS, Staff writer
First published: Wednesday, January 29, 2003
Federal agents are investigating whether firearms were sold illegally at a Central Avenue gun shop that closed last month amid a bitter dispute between the store's feuding partners, according to law enforcement officials.
The store, B & J Guns at 1814 Central Ave., has been a hotbed of police activity over the past 17 months, as burglars targeting handguns have struck the store twice. Also, several weeks ago, Colonie officers were called to the store to break up an argument between Brian Olesen II and James B. Frampton, both of Colonie, who opened the business as partners in June 2001.
"We are intimately familiar with the allegations that both Mr. Olesen and Mr. Frampton have made, but I'm not in a position to comment any further," said John Morgan, resident agent in charge of the Albany office for the Bureau of Alcohol, Tobacco, Firearms and Explosives.
But Colonie police officials said the ATF investigating how guns and other firearms products were sold at the store.
In a lawsuit filed recently by Olesen, he accuses Frampton of looting the store for personal use and selling firearms illegally. The accusations are not detailed in the court papers.
Mark Couch, Frampton's attorney, described his client as a longtime, upstanding gun dealer.
"He (Frampton) disputes each and every one of those allegations, and he's going to file court papers when it's his turn and deny them all," Couch said Tuesday. "I think this is going to be resolved very shortly and these guys are going to resolve their business dispute. They were shaking hands this morning."
Part of the dispute centers on whether the store's security system was adequate to protect it from break-ins, according to Olesen's lawsuit.
But the crux of his lawsuit is that the pair disagreed on how the store should be managed and procedures for selling firearms.
"Frampton has willfully and maliciously misappropriated and converted corporate money for his personal use in that he has sold and transferred firearms to members of the public without properly recording and reporting the transaction," Olesen's lawsuit states.
William Keniry, Olesen's attorney, said his client stands by his claims.
"They are all working with an eye toward working together and resolving problems rather than creating problems. It's our hope and expectation that it should be resolved shortly," Keniry said. "As far as Mr. Olesen is concerned, he stands by all of his statements and claims."
Olesen is seeking $200,000 that he claims Frampton earned from selling the store's firearms and other products without his knowledge. He also is seeking $500,000 in punitive damages.
The store, which is just east of Route 155, has been closed for several weeks while the court case is unfolding. The store is scheduled to reopen from 10 a.m. to 5 p.m. Friday and Saturday, the attorneys said.
There still is a piece of plywood screwed into a large hole in a front window where several burglars smashed their way into the business on Dec. 29 and stole 22 handguns. Four suspects from Albany, ranging in age from 16 to 19, were caught moments after the burglary.
It was the second time in less than two years bandits have targeted the store.
In August 2001, 35 handguns were taken during a break-in. Those guns, taken in a similar smash-and-grab burglary, still have not been recovered and authorities said they believe some have been used in New York City crimes.
Town police said the burglaries were not connected to the ongoing dispute between the owners.
The store has been one of the region's most popular gun shops for hundreds of hunters, law enforcement officers and others.