USA: "Seven may join lawsuit over sniper weapon "

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cuchulainn

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http://www.al.com/newsflash/regiona...9_BC_WA--Sniper-FamiliesSu&&news&newsflash-al
Seven may join lawsuit over sniper weapon

By DALE LEACH
The Associated Press
6/3/03 2:04 PM

SEATTLE (AP) -- A lawsuit against the manufacturer of the rifle used in the Washington D.C.-area sniper killings and the Tacoma gun shop that stocked the weapon could be broadened to include more victims and their families, attorneys said Tuesday.

Seven more victims or relatives of victims have asked to join the lawsuit, filed in Pierce County Superior Court in Tacoma last January by relatives of victims James "Sonny" Buchanan and Conrad Johnson.

Defendants are Bull's Eye Shooter Supply of Tacoma, which either sold or lost the rifle in a theft; Bull's Eye owners Brian Borgelt and Charles Carr; Bushmaster Firearms Inc. of Windham, Maine, manufacturer of the .223-caliber civilian version of the military M-16, and sniper defendants John Allen Muhammad and Lee Malvo.

Those hoping to join the case include Rupinder Oberoi, who was shot and wounded last September while closing his Silver Spring, Md., liquor store, and relatives of six other sniper victims.

Paul N. Luvera, an attorney representing the families, said the court is set to hear a motion June 13 to amend the initial suit and include the additional plaintiffs. The lawsuit seeks unspecified damages.

The Brady Center to Prevent Gun Violence is also representing plaintiffs in the case.

"By joining this lawsuit, these victims of gun violence are standing up for their legal rights," Brady Center senior attorney Jonathan Lowry said in a statement. "They are also standing up to the gun lobby that is pressuring Congress to deny those rights."

Legislation currently before Congress would protect gun manufacturers and sellers from such lawsuits. It is supported by the Bush administration and the National Rifle Association, but Senate Democrats have threatened a filibuster to prevent a final vote.

Malvo, 18, and Muhammad, 42, have been linked to 20 shootings, including 13 deaths, in Virginia, Maryland, Georgia, Alabama, Louisiana and Washington, D.C., last year. Prosecutors have said the three-week shooting spree was part of a scheme to extort $10 million from the government.

The lawsuit alleges that at least 238 guns, including the assault rifle, disappeared from the gun shop in the last three years. Despite audits by the Bureau of Alcohol, Tobacco and Firearms showing that Bull's Eye had dozens of missing guns, Bushmaster continued to use the shop as a dealer and provide it with as many guns as the owners wanted, the suit alleged.

The amended complaint also asserts that law enforcement authorities have traced guns involved in 52 crimes to Bull's Eye, including the Trang Dai Cafe killings in Tacoma that left five people dead. It also claims that Bull's Eye failed to file required federal reports on firearms stolen or missing from its store for more than a year.

A call to Bull's Eye Tuesday morning was not immediately returned. Investigators have not said how Malvo and Muhammad got the rifle.

Allen Faraday, vice president of administration for Bushmaster, has said the company did nothing wrong and sold the rifle legally to a firearms dealer.

Besides Oberoi, those hoping to join the lawsuit include:

--Ted Franklin of Arlington, Va., whose wife, Linda, was shot and killed while they were shopping at a Home Depot store.

--Lisa Brown, mother of a 13-year-old boy shot and wounded on a school playground.

--Margaret Walekar, whose husband, Premkumar, was shot and killed at a gas station.

--Carlos Cruz, whose wife, Sara Ramos, was shot and killed while sitting on a bench.

--Nelson Rivera, whose wife, Lori Lewis-Rivera, was shot and killed at a gas station.

--James Ballenger III, whose wife, Hong, was shot and killed outside a beauty store in Louisiana.

Copyright 2003 Associated Press.
 
The lawsuit against Bullseye is legally proper. In other words, under the law, if certain facts are proven (ie negligent entrustment for example), liability can be found. Even the new law wont affect it.

The lawsuit against Bushmaster will fail as a matter of law.

WildthatsmyopinionofcourseAlaska
 
The lawsuit alleges that at least 238 guns, including the assault rifle, disappeared from the gun shop in the last three years. Despite audits by the Bureau of Alcohol, Tobacco and Firearms showing that Bull's Eye had dozens of missing guns, Bushmaster continued to use the shop as a dealer and provide it with as many guns as the owners wanted, the suit alleged.

Question for those in firearms retailing: I'm not understanding how the manufacturer could ever know the status of their retail outlets' inventory control...does BATFE post a "letter grade" in gunshops, advertising their audit results, like the health inspectors do for restaurants? If Bushmaster (or any manufacturer, for that matter) asked BATFE for audit results on gunstores, prior to taking them on as "authorized dealers", would they even get an official reply? It seems to me that BATFE, as the grantor of FFL, holds the negligence weenie for not pulling Bullseye's license, IF** they were truly in such gross violation. Yet, BATFE is glaringly absent from the list of defendants? Can someone explain?

**I'm not accepting the Bullseye's "alleged" violations as fact, based on who is making the charges, just trying to make sense of a lawsuit that appears so lacking in substance, that I'm asking myself why it hasn't been dismissed at the first opportunity.
 
I'm not understanding how the manufacturer could ever know the status of their retail outlets' inventory control...does BATFE post a "letter grade" in gunshops, advertising their audit results, like the health inspectors do for restaurants?

A manufacturer has NO IDEA whatsoever....for all we know Bullseye was buying Bushies from distributors and not direct...and even if they were direct, the Feds would not be notifying Bushmaster that guns were "missing". Tenuously, if Bushmaster recived a bunch of crime traces and matched the serial numbers with a particular dealer, they could see that at a minimum. guns were being traced as "crime" guns, but that is meaningless...

WildIcouldmakeacasebutnotagoodoneAlaska
 
Yes, the BATF recently changed to the BATFE, I believe.
 
"Explosives" are evidently commercial fireworks and model rocket engines too. Talk about a bureaucracy in search of a reason to exist.:rolleyes:
 
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