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Kansas Supreme Court To Consider Brady Center Arguments For Slain Boy

In October 2010, the Kansas Court of Appeals agreed with the Brady Center's arguments that a trial court should not have dismissed a lawsuit brought by Elizabeth Shirley, whose son was killed with a gun sold by a dealer in a straw purchase.  Creating new law in Kansas, the Court held that a Kansas gun dealer can be liable to victims for negligently entrusting a gun.

One year later, in October 2011, the Kansas Supreme Court granted the Brady Center's Petition for Review, agreeing to hear arguments that the gun dealer can also be held liable in negligence and negligence per se.  The case will be argued before the Kansas Supreme Court in the coming months.

The case arose from the tragic events of September 5, 2003, when Baxter Springs Gun & Pawn Shop sold a gun to a straw purchaser for a felon, Russell Graham.  That night, Graham used the gun to kill Zeus, the 8-year-old son of Graham and Elizabeth Shirley.  Elizabeth then sued Baxter Springs.  After the trial court dismissed the suit, the Brady Center joined the case.  Jonathan Lowy of the Brady Center's Legal Action Project argued the case before the Court on July 27, 2010.  The Court remanded the case for trial on negligent entrustment grounds.

» Click here to read the Court of Appeals opinion

 Long guns
LAP is representing Elizabeth Shirley, whose son was killed with a gun sold by a dealer to a straw purchaser.

A Victim's Family Receives Justice

Brady Center lawyers have achieved a landmark settlement against a major gun manufacturer, in a lawsuit showing the fatal consequences of gun industry irresponsibility and the importance of protecting the legal rights of gun violence victims. The settlement is the largest damages payment ever by a gun manufacturer charged with negligence leading to the criminal use of a gun.

Gun manufacturer Kahr Arms has agreed to pay nearly $600,000 to end a lawsuit filed by the Brady Center's Legal Action Project on behalf of families of a young father of two daughters who was killed and another man who was wounded with a handgun taken from Kahr's factory by a drug-addicted employee.

The lawsuit charged Kahr Arms with negligence in failing to adequately screen its prospective employees and failing to use even minimal security measures to protect against theft.

The settlement is especially significant because it was reached after the enactment of a federal law in 2005, sought by the gun lobby, purporting to give special legal protection to the gun industry. By settling the lawsuit, Kahr Arms avoided a ruling on the applicability of the legal protection statute.

» Click here to read the press release
» Click here to read about the case
» Click here to learn more about the Legal Action Project

Senior Attorney Dan Vice explains the case.
Victory! Judge Clears Badger Guns Lawsuits For Trial

The Brady Center has filed two lawsuits against Badger Guns, a Wisconsin gun shop, on behalf of four injured Milwaukee police officers who were all shot with guns sold by Badger. Badger Guns has ranked as the No. 1 crime gun dealer in America. Recently, two Milwaukee County judges have denied motions to dismiss filed by the gun shop.

On June 9, 2011, a Milwaukee County judge ruled that the lawsuit on behalf of Officers Bryan Norberg and Graham Kunisch, who allege they were injured by a teenaged shooter using a straw purchased gun illegally sold by Badger Guns, can go forward toward trial.

On May 17, 2011, Badger Guns’ motion to dismiss was denied by a different Milwaukee County Judge in a lawsuit filed on behalf of officers Alejandro Arce and Jose Lopez III. Officers Arce and Lopez III also allege they were injured by a teenaged shooter using a straw purchased gun illegally sold by Badger Guns.

» Click here to learn more about the Norberg/Kunisch case
» Click here to learn more about the Arce/Lopez case
Wounder officers sue to stop Badger Guns

Officers Arce and Lopez were shot with a gun sold by Badger, one of the nation's top sellers of crime guns.
Judge Clears Trolley Square Lawsuit for Trial

A judge has ruled that a lawsuit against a Utah pawn shop in connection to the 2007 Trolley Square massacre may proceed to trial.

On February 12, 2007, Sulejman Talovic used a pistol-grip 12-guage shotgun to kill five people and injure four others before being shot to death by police.The teenager purchased the shotgun three months prior to the shootings at a Salt Lake City pawn shop.

Under federal law, guns cannot be sold to minors except for a few exceptions - shotguns are one of those exceptions. However, the fact that this weapon was a pistol-grip made the sale to a minor illegal, Brady Center Senior Attorney Daniel Vice argued in court. He's representing Carolyn Tuft who is pursuing a civil suit against the pawn shop. Tuft was injured in the shooting. Her 15-year-old daughter, Kirsten Hinckley, was killed.

» Click here to learn more about the judge's ruling to allow the case to proceed to trial.
» Click here to learn more about LAP cases
Sportsmans

Sportsman’s Fast Cash Pawn in West Valley City.

Legal Action Project Takes Alaska Dealer to Court for Supplying Rifle to Murderer

The Brady Center is representing the family of Simone Young Kim, who was shot and killed while working in Juneau, Alaska. The killer, Jason Coday, was a fugitive from justice and a methamphetamine user who was prohibited from buying or possessing guns, yet he was able to walk out of Rayco Sales gun shop with a rifle without being subjected to a background check. Two days later Coday used the gun to kill Kim, a total stranger. The case is now on appeal before the Supreme Court of Alaska, which will review the trial court’s dismissal of the suit on grounds that it was barred by the Protection of Lawful Commerce in Arms Act.

» Click here to read more about Kim v. Coxe, et al.


Simone Kim
Simone Young Kim