Doug Huffman
Banned
imported post
http://www.sltrib.com/news/ci_8246961
The gun dealer who illegally sold Sulejman Talovic the shotgun he used in the Trolley Square mall rampage should have known Talovic intended to commit a crime, a survivor claims in a lawsuit.
Carolyn Tuft is suing pawn shop chain Sportsman's Fastcash and its owner, Nevada-based Rocky Mountain Enterprises, for unspecified damages for her injuries and the death of her 15-year-old daughter.
The suit also names licensed firearms dealer Westley Wayne Hill, who pleaded guilty in December and was placed on probation for failing to keep proper records in the Nov. 13, 2006, sale.
Tuft's attorney, Mark J. Williams, argues Hill and his employers share legal responsibility for the shootings because the sale was illegal and because type of gun Talovic purchased was a tip-off.
"The pistol-grip shotgun serves no reasonable sporting purpose other than for military, law enforcement or criminal activities," Williams wrote in the 3rd District Court suit.
Talovic killed Hinckley and four other shoppers, and wounded Tuft and three others on Feb. 12, 2007, before he was fatally shot by police.
Tuft, 45, was left with a severe wound to her right arm, other injuries and lead poisoning. She declined to comment on the suit Tuesday while visiting Cabin Fever, the store where she and her daughter were shopping when they were shot, as part of anniversary events.
State records identify attorney Carl E. Kingston, who often handles legal matters for the polygamous Kingston clan, as the registered agent of Sportsman's Fast Cash. He did not return phone calls Tuesday. Hill and Rocky Mountain Enterprises could not be reached for comment.
Hill admitted failing to indicate on a form whether Talovic, a Bosnian, showed a second form of identification, required because he was a legal alien. Prosecutors dropped a felony charge alleging the sale also was illegal because the gun's pistol grip required a buyer to be 21 or older. The lawsuit raises that claim again.
Similar suits filed nationally
The Washington, D.C.,-based Brady Center to Prevent Gun Violence has helped family members of shooting victims sue gun distributors six times since 1999. Most cases involved "straw purchases," in which someone with a clean record bought a gun at a pawn shop, then transferred it to a restricted person. Two are still pending; the rest were settled or are being settled, a spokesman said.
http://www.sltrib.com/news/ci_8246961
The gun dealer who illegally sold Sulejman Talovic the shotgun he used in the Trolley Square mall rampage should have known Talovic intended to commit a crime, a survivor claims in a lawsuit.
Carolyn Tuft is suing pawn shop chain Sportsman's Fastcash and its owner, Nevada-based Rocky Mountain Enterprises, for unspecified damages for her injuries and the death of her 15-year-old daughter.
The suit also names licensed firearms dealer Westley Wayne Hill, who pleaded guilty in December and was placed on probation for failing to keep proper records in the Nov. 13, 2006, sale.
Tuft's attorney, Mark J. Williams, argues Hill and his employers share legal responsibility for the shootings because the sale was illegal and because type of gun Talovic purchased was a tip-off.
"The pistol-grip shotgun serves no reasonable sporting purpose other than for military, law enforcement or criminal activities," Williams wrote in the 3rd District Court suit.
Talovic killed Hinckley and four other shoppers, and wounded Tuft and three others on Feb. 12, 2007, before he was fatally shot by police.
Tuft, 45, was left with a severe wound to her right arm, other injuries and lead poisoning. She declined to comment on the suit Tuesday while visiting Cabin Fever, the store where she and her daughter were shopping when they were shot, as part of anniversary events.
State records identify attorney Carl E. Kingston, who often handles legal matters for the polygamous Kingston clan, as the registered agent of Sportsman's Fast Cash. He did not return phone calls Tuesday. Hill and Rocky Mountain Enterprises could not be reached for comment.
Hill admitted failing to indicate on a form whether Talovic, a Bosnian, showed a second form of identification, required because he was a legal alien. Prosecutors dropped a felony charge alleging the sale also was illegal because the gun's pistol grip required a buyer to be 21 or older. The lawsuit raises that claim again.
Similar suits filed nationally
The Washington, D.C.,-based Brady Center to Prevent Gun Violence has helped family members of shooting victims sue gun distributors six times since 1999. Most cases involved "straw purchases," in which someone with a clean record bought a gun at a pawn shop, then transferred it to a restricted person. Two are still pending; the rest were settled or are being settled, a spokesman said.
