The state Supreme hears arguments on whether a southeast Kansas gun shop may be held liable for selling a firearm that was later used by a convicted felon to kill his son.
The question before the justices Wednesday was whether to reinstate a negligence case filed against Baxter Springs Gun and Pawn Shop.
The case involves the 2003 murder-suicide of Russell Graham of Baxter Springs, a convicted felon who used a shotgun bought by his grandmother to shoot himself and his son. Graham was initially denied the sale of the gun by the shop owners.
Elizabeth Shirley, wife of Russell Graham, filed the liability lawsuit against the gun shop owners. A lower court dismissed the case, but the Kansas Court of Appeals reversed that decision in 2010, ordering a trial.
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dmore
Wednesday 30 January 2013 16:14 Report this comment
My thoughts would be that if the gun shop knew the grandmother was buying the gun for Graham because Graham could not pass the background check, than the gun shop is as guilty as if they sold the weapon directly to a felon. However, is the gun shop was unaware of the relationship between the grandmother and Graham than the gun shop committed no crime.
Just_a_thought
Wednesday 30 January 2013 16:53 Report this comment
OF COARSE.......Why the h*ll not. Lets sue everybody!!! Let's sue the manufacturer of the shells. Let sue the auto maker for making the car he drove home in. Lets sue the city for allowing this guy to have a pawn shop. Lets sue the business NEXT to the pawn shop while we are at it.(Couldnt hurt).....Lets sue EVERYBODY!!!!! As long as there are greedy people who think they can make a quick buck on a tragedy and as long as there are low life, blood sucking, scum bag lawyers who keep on saying..."Let's SUE! If you loose, you dont owe us anything"......this crap will continue to happen. Make these dirt bag attorneys and these money grubbing defendants accountable for these frivolous lawsuits and THEN they will stop!
kansasboy91
Wednesday 30 January 2013 22:16 Report this comment
How in the hell was the gun shop supposed to know she was related to him? I know my gun shop probably couldn't tell you family relations because they have a lot of business. How is it the gunshops fault? It's the grandmother's!
DamiStac
Thursday 31 January 2013 07:42 Report this comment
It really depends on the size of the town. Where my wife is from I had come to town twice before they knew who I was on a first name basis... and I only met maybe 10 people? Word gets around. I agree with the original poster. If the gun shop owner knew what was going on and sold the gun just to put more money in his pocket he should be liable. If he had no way of knowing, then no there's absolutely no reason he should be in any sort of trouble.
iamgonnagetu.3
Thursday 31 January 2013 09:37 Report this comment
That is no longer true as there are very few if any gunshops in towns with low populations. They cannot make enought money to survive.
Aurora.
Thursday 31 January 2013 22:31 Report this comment
You might know everybody in town but what business is it the gun shop's owner of what the person buying the gun is going to do with it?