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Posted: 8/28/2004 7:41:51 PM EDT
Incredible and stupid. Brady having a field day....

www.philly.com/mld/inquirer/9477679.htm?ERIGHTS=-3214460493665428850philly::[email protected]&KRD_RM=2qknpojkmlioliiiiiiiiiqioj|News|Y&is_rd=Y

From the Inquirer:

Posted on Tue, Aug. 24, 2004
 
Dealer settles suit over gunplay

He had sold a revolver to a "straw buyer," who sold it on the street. A 7-year-old boy was killed.

By L. Stuart Ditzen

Inquirer Staff Writer


In a case with potentially broad implications for the firearms industry, a Pennsylvania gun dealer has agreed to pay $850,000 to a Philadelphia woman whose son was killed with a handgun the dealer sold to an illegal "straw buyer" in 1997.

Though the dealer, Jon K. Sauers, owner of Sauers Trading in South Williamsport, sold the gun legally, the purchaser, Perry J. Bruce of Williamsport, had repeatedly bought small handguns from him and resold them on the street.

On April 19, 1999, one of the guns Bruce bought from Sauers was found under a parked car in South Philadelphia by a group of children. One child playfully pointed the small Rossi revolver at 7-year-old Nafis Jefferson and pulled the trigger, firing a .44-caliber bullet into Jefferson's head.

The victim's mother, Tennille Jefferson, filed a wrongful-death lawsuit - believed to be the first of its kind in Pennsylvania - seeking to hold Sauers responsible for her son's death.

The suit was scheduled to go to trial last month, but shortly before trial Sauers agreed to settle the case with a payment of $850,000. The settlement became public on Friday when it was approved by Orphans' Court Judge Joseph D. O'Keefe.

Dennis Henigan, legal director for the Brady Center to Prevent Gun Violence, which participated in the case, said the settlement was the first of its kind in Pennsylvania and has nationwide implications for gun-shop owners who sell to straw buyers.

"There is a risk of liability that is now real for gun sellers all across the country," Henigan said.


<more depressing stuff omitted>
Link Posted: 8/28/2004 7:46:54 PM EDT
[#1]

Quoted:


Dennis Henigan, legal director for the Brady Center to Prevent Gun Violence, which participated in the case, said the settlement was the first of its kind in Pennsylvania and has nationwide implications for gun-shop owners who sell to straw buyers.





Nevermind the fact that this was illegal
before this settlement. So a gun shop
now has to provide polygraph exams for
all buyers to see if they answered the
government's own forms honestly...


Link Posted: 8/28/2004 8:08:43 PM EDT
[#2]
Civil Law bears  LITTLE  relationship to Criminal Law.

In PA - state law forbids the Govt. from suing gun dealers , but private suits are fair game.

FEDERAL Law prohibits Straw sales - -- Is he being investigated by the Feds?

A Settlement - meaning NO chance of further litigation , BY ANYONE, in regards to this case ,  
makes using it as a Legal Precedent  ALMOST IMPOSSIBLE!    
Link Posted: 8/28/2004 9:52:44 PM EDT
[#3]
Quoted:

b] A Settlement - meaning NO chance of further litigation , BY ANYONE, in regards to this case ,  
makes using it as a Legal Precedent  ALMOST IMPOSSIBLE!    
 

So this will not have a bad effect in general?
Link Posted: 8/28/2004 9:57:00 PM EDT
[#4]

Quoted:
Quoted:

b] A Settlement - meaning NO chance of further litigation , BY ANYONE, in regards to this case ,  
makes using it as a Legal Precedent  ALMOST IMPOSSIBLE!      

So this will not have a bad effect in general?



You hope it doesn't.  It will be used a a precident in sueing other gundealers by other courts and lawyers.  I can only hope the gundealer files for bankruptcy.
Link Posted: 8/29/2004 4:05:53 AM EDT
[#5]
In simple terms - when a CIVIL suit is Settled Before Trial - NO BLAME is ADJUTICATED.

THERE IS NO LEGAL DECISION MADE UNDER ANY LAW.

Legal Precedents are based on COURT RULINGS.

In this case - the COURT/JUDGE made NO DECISION - ( the 2 parties settled it themselves)

Legally it's as if NOTHING HAPPENED

Brady.org is just Blowing Smoke
Link Posted: 8/29/2004 4:10:05 AM EDT
[#6]
Did the owner of the shop know this guy was reselling the guns to people who were not allowed to have them? IF he knew thats one thing but if he didn;t fuck that paying people off shit.
Link Posted: 8/29/2004 4:10:27 AM EDT
[#7]
Where was the NRA on this one ?
Link Posted: 8/29/2004 4:14:35 AM EDT
[#8]

Quoted:
Where was the NRA on this one ?


Busy asking for more money to keep hunting land open.
Link Posted: 8/29/2004 4:40:23 AM EDT
[#9]

Quoted:

Quoted:
Where was the NRA on this one ?


Busy asking for more money to keep hunting land open.



I hear ya. What good is available hunting land when someday we will not have firearms to hunt with.Sooner or later, the stone age will catch up to us.
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