Firearm Sales: Who’s Responsible?

Firearms have been a hotbed of contention in recent years. With mass shootings receiving more media coverage, many wonder who’s responsible for incidents involving firearms. While the public and politicians are hotly debating gun policy, the law remains clear on certain issues, liability being one of them.

When a shooting occurs, is the merchant who sold the firearm responsible for the actions of person who bought it? According to a recent ruling in Wisconsin, the answer is a resounding yes.

Wisconsin recently wrapped up the Badger Guns trial, in which the prosecution alleged that merchant Badger Guns should be held responsible for the sale of a gun that was used to injure two members of the Milwaukee police department. The jury agreed that the company committed negligence by knowingly selling the firearm to a “straw buyer” (someone who purchases a gun for someone else who would not pass a background check). The key piece of evidence was a security tape that revealed that the storeowner did not check for an ID when the buyer came to pick up the weapon. The officers were awarded punitive damages totaling over $1 million.

Badger Guns was found guilty of negligence based on a subsection of the law known as product liability. Federal law dictates gun ownership to some degree, as does the state of Texas. Federal statutes preclude the sale of certain types of firearms, including silencers, short-barreled shotguns, and machine guns. To own one of these items, you have to undergo extensive background checks and register the weapon on a Bureau of Alcohol, Tobacco, and Firearms database.

The Brady Handgun Violence Prevention Act was a piece of sweeping federal legislation that further restricts who can use firearms for business or personal use. According to the law, certain people are excluded from gun ownership, for example:

The state of Texas has some of the least restrictive laws in the United States. While it outlaws some types of firearms (armor piercing ammunition, silencers, short-barreled shotguns) it doesn’t require a waiting period for firearm sales. Some individuals aren’t permitted to own firearms, including convicted felons within five years of parole and minors who do not have parental consent.

Texas gun merchants are required to follow both federal and state laws regarding gun ownership. If they aren’t compliant with all applicable rules, they can be found guilty of negligent sale of a firearm. They have a responsibility to conduct appropriate background checks and take reasonable measures to assure that the weapon is being used by the person filing the application.

If gun merchants don’t take reasonable precautions during firearms sales, they may be vulnerable to legal action in the event in an accident. As was the case with the Badger Gun store in Wisconsin, plaintiffs have the option of charging the gun seller for damages.

If you’ve been injured by a firearm, contact the experienced lawyers at Gordon Elias. We’ll put our years of experience to work for you, finding the parties responsible and holding them accountable for their actions. To begin a free initial consultation, contact our office today.

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