Wednesday, December 3, 2014

A Dilemma for the Masses

So the situation.

You're a firearm dealer in the business for 25 years.  You get a phone call from someone claiming to be the parent of a customer.  This individual states that the customer is suicidal, schizophrenic, a danger to themself and others.  Caller also states that customer will likely be in the next few days to purchase another firearm.

Now this customer had bought a firearm from your store the month before and passed all federally required background checks and seemed a normal person.  When this person does come in a few days later, they again desire to purchase another firearm and again pass more background checks.

So what do you do?  Do you risk a discrimination lawsuit since the customer is female, taking the word of a complete stranger on the phone, and deny the sale or do you trust the background check and permit the sale?

Now think about it for a few minutes and make your decision.  Then scroll down for background and info. 

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This is a real case.   Here's the email the Brady Campaign sent:

“Dad is dead.”
That’s the text message Janet Delana got from her daughter Colby on the day she shot and killed her father, Janet’s husband of thirty-nine years.
Colby suffers from schizophrenia and depression; she should never have had a gun.
One month earlier, Colby bought a gun at a local dealer. Her parents quickly took it away, and tried to make sure she couldn’t get another, calling the dealer to alert them of Colby’s illness and warning them that she might come back.
Janet begged them not to sell her daughter another gun.
But they did anyway. Two days later, they sold Colby a gun AGAIN, pocketed the profits . . . and an hour later, Colby shot and killed her father.

 A woman named Colby Weathers purchased a firearm from 'Odessa Pawn & Gun' then went and killed her father hours later.  The Brady Campaign is suing the store on behalf of the family.   Now this woman had been diagnosed w/ multiple disorders, was suicidal, and had been hospitalized multiple times. The Federal Social Security Administration had determined she was mentally incapable of working so she was receiving money from the government due to her disorders.  She had also attempted to commit suicide w/ the firearm she had purchased the month before as well as multiple time before.

But not a single bit of this was in the federal background check even though the federal government was aware of her mental state.  For some reason her family, which was so concerned for her, did NOT have her hospitalized after her suicide attempt nor have her declared incapable of handling her own affairs so they could control the funds she was getting.

Sorry but as much as they're trying to blame the gun shop, they failed their daughter even more.  She should have been institutionalized permanently.  They even admit in the lawsuit they knew she was a danger to herself and others. If they were so worried, they should have gotten their asses over to the damn shop personally and shown them evidence instead of just calling on the phone. I for one wouldn't risk a discrimination lawsuit over some random phonecall.

The only purpose of this lawsuit by the Brady's is to litigate another firearm dealer out of business.


Robert Fowler said...

If the dealers lawyers are smart, they will use the Lawful Commerce In Arms act as a defense. As long as the dealer followed the law, he cannot be held liable. He should counter sue the Brady Bunch for malicious prosecution.

lucusloc said...

I would have talked to the customer about the call, then proceeded accordingly. Your assessment is absolutely correct, if she was able to pass as normal for enough time to buy a gun, but was a real danger the parents should have documented it with the courts/law enforcement. Then you could bring the evidence in to the store, or better yet have her committed. It is not the stores fault the parents and the system failed.