Settlement

Discussion in 'In the News' started by ber950, Aug 1, 2006.

  1. ber950

    ber950 Active Member

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  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Doesn't include Adventure Outdoors.
     

  3. ber950

    ber950 Active Member

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    I see that. I posted it first then read it.
     
  4. Gunstar1

    Gunstar1 Administrator

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    Just like Bloomberg's stings and lawsuits. Fight fire with fire.
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    ONLY 2 Settle

    So out of the 15 Georgia gun dealers sued by NYC (those 15 being the only ones to sell guns in a "straw purchase" undercover private investigation) , only 2 are agreeing to this settlement? That leaves 13 others who are still named defendants, including one with a counter-claim (the defamation / libel suit).

    The terms of this settlement don't seem so bad. Basically the gun dealers promise to follow the existing law, to be vigilant about people attempting to buy guns in straw purchase transactions, and they agree to be "monitored" (whatever that means-- more undercover private detectives attempting to buy from them? Or simply reviewing their books after the fact?) for 3 years. If they mess up again within the 3 year period, they pay a fine to NYC and the 3-year monitoring period begins anew.

    If they don't screw up and sell to a straw purchaser or otherwise behave negligently when it comes to selling guns, they will pay NOTHING. No monetary damages at all.
     
  6. Gunstar1

    Gunstar1 Administrator

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  7. tj2000

    tj2000 New Member

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    This smells fishy to me!!!!!

    I could be wrong here, but if these two are willing to be monitered for three years and the clock restarts if one infraction is made before the three years is ended it sure looks like they could be guilty of the first offense :twisted: . Lets face it, your reputation is tarnished even if you are not guilty, so I would fight it until I went out of business. Just a thought.
    TJ
     
  8. jrm

    jrm Sledgehammer

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    TJ,

    It's a practical decision. Even if found not liable, defending yourself in this case would cost multiple 10s of thousands of dollars. It very well might put you out of business. If it doesn't, it sure would put a crimp in your profits for a while. If you are a small business owner dependent on the revenue of your store for your support, going out of business or even losing money for a year could ruin your personal finances as well as your business.

    Compare that to the settlement. There is no direct financial impact. You just have someone monitor your transactions for 3 years. You already are subject to ATF monitoring, because your business is highly regulated and subject to inspection without notice by law. It's no skin off your nose to have a second monitor when you already have a monitor. If you are confident you won't have any infractions (because you are going to warn the hell out of your employees, or even require them to run every single purchase by you personally), then the settlement is the way to go.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    NYC does not care what it costs. If they need more money, they just use a gun to seize some.

    Gun dealers often operate on razor thin margins. $80,000 in legal fees might not look very appetizing when that explodes your after tax profit for the next 6 months to a year. What if you are already facing a loss for the year? How would $80,000 in legal fees sound then?

    Sometimes, lawsuits are filed just because of the legal fees and headaches they will cause. Case in point - the Scientology cultists. They are the only ones of whom I am aware that actually brought the IRS to its knees through repetitive frivolous lawsuits until the IRS threw in the towel.

    The gun industry is a much softer target thant the IRS, wouldn't you agree?
     
  10. viper32cm

    viper32cm New Member

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    Just like what they did to the tobacco industry, if you can't legislate it out of business, ajudicate it out of business. It's the American way!

    All the more reason to support your local gun seller, even if it costs a little bit more.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, it is worse for those in New York City.

    Bloomberg's statement:

    "Strict enforcement of our local gun laws is critical in the fight against illegal guns. After undercover investigations revealed violations in sales practices at Woodhaven Rifle and Pistol Range, Inc., the gun dealer, Michael Spallone, today pled guilty to disorderly conduct and as a result will pay $1,000 in fines and restitution. In addition, his dealer’s license remains revoked by the NYPD. His guilty plea sends a strong message: any violation of the law that allows illegal guns to flow onto our streets will be vigorously pursued. If you break the law, you will pay the price. I thank Queens District Attorney Richard Brown ... for recognizing that rigid enforcement of gun laws can help prevent the tragic consequences of gun violence."

    It would almost make you think he got a "bad guy," wouldn't it?

    This is the gun dealer who initially refused to sell to Mayor Mike's sting squad. They came back the next day with proper paperwork, but with a serial number transposed, and badgered him to make the sale, which he did, after checking with the Suffolk County Police who said it was okay. See the story here. http://www.nypost.com/news/regionalnews/69768.htm
    Quote: "This is a law-abiding gun shop. This is not some squirrelly Southern gun dealer trying to make money and is NRA-happy."


    Well, here is the link to Bloomberg's Orwellian statement to the press, in case you can't take my word for it that he would blatantly lie.

    Code:
    http://www.nyc.gov/portal/index.jsp?epi_menuItemID=c0935b9a57bb4ef3daf2f1c701c789a0&epi_menuID=13ecbf46556241d3daf2f1c701c789a0&epi_baseMenuID=27579af732d48f86a62fa24601c789a0&pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%2Fhtml%2Fom%2Fhtml%2F2006b%2Fpr314-06.html&cc=unused1978&rc=1194&ndi=1