In an uncommon defeat for the gun industry, a Milwaukee jury sided with two police officers who were shot with a handgun acquired after an insufficient ownership screening.
In June 2009, then 19-year-old Julius Burton shot at Milwaukee Police Department officers, Graham Kunisch and Bryan Norberg. Burton used a handgun Jacob Collins purchased because Burton himself was underage.
Wisconsin law states an individual must be 18 years old to buy a long gun but 21 years old to buy a handgun.
According to the Associated Press, Badger Guns allowed the sale of the .40 caliber Taurus pistol with the knowledge that Collins not be using the gun himself.
Defense attorney James Vogts released a statement after the decision, declaring his intent to further pursue the case.
“Significant legal issues were decided in the case that impacted the evidence the jury was permitted to consider and the legal standards they were told to apply,” Vogts said in the statement. “We will appeal.”
The Protection of Lawful Commerce in Arms Act, now in its 10th year of existence, effectively shields gun dealers and manufacturers from prosecution in most cases of potential negligence. Several large-scale cases have employed the act in their defense, and jurors sided with manufacturers and dealers in almost all instances.
The Brady Project, an anti-gun lobby, played a role in the case proceedings. In a statement, the organization praised the result for upending the PLCAA’s past ability to block gun suits.
“With 89 people dying every day from guns, Americans have had enough of the special rules that make gun companies richer and place ordinary people in danger of being shot and killed,” Dan Gross, Brady Project president said in the statement.
According to an AP report, Burton received an 80-year sentence for his crime, while Collins’ role in obtaining the weapon resulted in a two-year prison sentence.