Judge allows lawsuit against Badger Guns to proceed

By John Diedrich of the Journal Sentinel

May 17, 2011 |(13) Comments

Two Milwaukee police officers wounded with a gun sold by Badger Guns won a victory in court Tuesday when a Milwaukee County judge rejected a motion to dismiss their lawsuit against the West Milwaukee gun dealer.

Circuit Judge Timothy Dugan said that at this early stage of the negligence and public nuisance case, he is required to accept facts in the officers' lawsuit as accurate.

The case is just getting started, and the decision does not necessarily indicate where the case is going.

But Dugan's ruling is important for the officers because it allows their attorneys to begin the process of discovery - gathering of evidence including depositions.

"This case can take a whole different turn at discovery," said Dugan, who may move off the case when judges rotate in August.

James Vogts, attorney for Badger Guns, argued that a federal law forbids such lawsuits and the case should have been dismissed.

"Badger Guns is extremely disappointed in the court's ruling," he said afterward. "This is the first skirmish in a long battle."

The officers' attorneys contended the federal law allows their suit and say the gun store engaged in "illegal and negligent conduct."

"We're happy police officers will have their day in court," said attorney Jonathan Lowy with the Brady Center to Prevent Gun Violence, which is representing the officers.

The lawsuit was filed in October on behalf of officer Jose Lopez III and former officer Alejandro Arce, two of six Milwaukee police officers injured over a 20-month period with guns sold by Badger Guns or its predecessor, Badger Outdoors.

A separate suit was filed in December by officers Bryan Norberg and Graham Kunisch, who were injured in June 2009 by a man using a gun purchased a month earlier at Badger Guns. A motion to dismiss that case is set for hearing next month.

Badger Guns and Badger Outdoors have been the top sellers of crime guns recovered by Milwaukee police for at least the past decade, according to records obtained last year by the Journal Sentinel.

In 2005, Badger Outdoors was the top seller of crime guns in the nation with 537 such weapons. In other years, data shows, the store was among the largest sellers of crime guns. Such data has not been released in recent years because of a secrecy measure passed by Congress.

In 2006, investigators with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recommended revoking Badger Outdoors' license. There was no revocation, and the store remains open, operating as Badger Guns.

Federal records show the license recommended for revocation was relinquished voluntarily, the players took on new roles, and a new license was issued to Adam Allan, the son of former owner Walter Allan, creating what one federal official called a "clean slate," a 2010 Journal Sentinel investigation found.

Mick Beatovic, also a former owner of Badger Outdoors, has said he knew nothing about the recommended revocation, and he already had decided to turn in the license and retire. Adam Allan, the current owner of Badger Guns, has declined to comment.

Dugan dismissed Badger Outdoors and its owners, Beatovic and Walter Allan, from four counts of the lawsuit. They remain in three other counts.

http://www.jsonline.com/news/milwaukee/122068059.html