Brady Center Opposes Attempt to Dismiss Suit Against Badger Guns

Feb 4, 2011

Washington, DC -- The Legal Action Project of the Brady Center to Prevent Gun Violence today filed a Brief in Opposition to Badger Gun Shop's motion to dismiss a lawsuit filed by two police officers against the shop. The officers’ suit alleges that Badger illegally sold a gun that was used to shoot them. Badger’s motion argues that the federal Protection of Lawful Commerce in Arms Act, adopted by Congress on behalf of the gun lobby, immunizes it from liability for selling the gun that was used to shoot Milwaukee police officers Jose Lopez III and Alejandro Arce, even though that law specifically exempts lawsuits based on illegal sales.

Brady Center President Paul Helmke stated, "Gun pushers who arm criminals with guns are not --and should not be -- above the law. After two of Milwaukee’s finest took bullets defending their community, the least they deserve is to have their day in court."

For several years, Badger Guns has sold more crime guns than any gun store in the nation. This case alleges that Badger sold an assault weapon, a flash suppressor, and a large capacity ammunition magazine; and eight days later, sold the semi-automatic pistol used to shoot the police officers in an illegal straw sale. A 15-year-old then used the gun to shoot and injure Officers Arce and Lopez.

The Brief in Opposition to Defendant’s Motion to Dismiss was filed in the Circuit Court of Milwaukee County. Attorneys with the Brady Center, as well as Patrick O. Dunphy of the Brookfield, WI law firm of Cannon & Dunphy, are co-counsel for Officers Arce and Lopez.

###

The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.

We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.

Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.

For more insight on gun violence prevention, follow The Brady Blog, Facebook Page and Twitter Account.

Brady News Releases are available via RSS