A Bush-era federal law that protects gun dealers from being liable for homicides committed with guns from their shops is under fire in an Alaska court case that has led the Justice Department and gun-control activists to intervene.
At issue is whether a Juneau gun dealer is liable for letting a disheveled homeless felon leave his store with a rifle he used to kill a total stranger. The family of the slaying victim, Anchorage contractor Simone Kim, has filed a wrongful death lawsuit that has made it to the Alaska Supreme Court.
Jason Coday, a drifter with a police record in Utah and Nevada, fatally shot Kim in a random act of violence two days after arriving in Juneau and acquiring a gun from shop owner, Ray Coxe. Coxe said Coday walked out with the gun while his back was turned.
Guilty as charged is what I say. Gun shops have a responsibility to ensure that something like this cannot happen.
What do you think? Please leave a comment.
If the shop owner sold the gun without a background check, then this may be a case similar to a bartender giving a drink to someone who is obviously intoxicated. On the other hand, if the homeless man stole the rifle, then that man is solely responsible for what happened.
ReplyDeleteIf the gun shop owner followed all the rules, did the paperwork and background check and the guy passed then the gun shop owner should be clear. We don't know what people are going to with things after they're bought.
ReplyDeleteFrom a personal standpoint, if I get a bad feeling from someone even if they've past all background checks I wouldn't sell to them. As a business owner I would have that right.
Greg and Jake, what the hell are you talking about. The shop owner allowed the crazy guy to take a gun and walk out of the store when his back was turned. The minimal precautions would have prevented that. He's guilty of negligence, at least.
DeleteBlaming the victim is always a good tactic. If the gun shop owner was robbed, he's the victim of a crime. Or do you seriously believe that a "disheveled homeless felon" had enough cash on him to buy a rifle off the books?
DeleteGreg, often in cases like this there were two crimes, one was the thief stealing and the other was the gun owner failing to properly secure his gun.
DeleteFortunately, the latter is not a crime. A gun shop owner has to show guns to customers. Someone who intends to rob the store could look for the right moment and run out with a gun. Would you prefer it if the owner had shot the man to stop the robbery?
DeleteI prefer a $100 buzzer on the door.
DeleteAnd when the would-be thief ignores the buzzer or uses the rifle butt to smash the lock, then what?
Deletei'm sure it will be an open/shut case with your witness statement then..Or perhaps the video evidence showing the gun shop owner *intentionally* turning his back so this guy could walk out with the weapon..unless there is evidence that the gun shop owner broke the law he is presumed to the be victim.
ReplyDeleteHello Dude,
ReplyDeleteAlaska indicates that a local gun store has refused to comply with an order from the ATF to turn over to the agency the official bound book that firearms retailers are required to keep on site on customers. Thanks a lot!