Cobb gun dealer holds firm against NYC billionaire Mayor

[WhiteFeather]

This FFL dealer is holding the line for all FFL dealers and really all gun owners rights to buy firearms.

http://www.ajc.com/metro/content/met...guns_0525.html

Cobb gun dealer holds firm against NYC

Published on: 05/25/08
A pair of binoculars is always on the ledge of a window that offers a view from Jay Wallace's office to the sales floor of Adventure Outdoors in Smyrna. He uses them to keep an eye on both customers and employees.

"I'm proud of how I run my business," Wallace said.

But on Tuesday he'll be in a New York courtroom, defending Adventure Outdoors against accusations that it is a "rogue" gun dealership that paid scant attention to whether weapons were sold only to those who could legally have them. A civil lawsuit contends Adventure Outdoors has helped fuel the so-called Iron Pipeline of firearms from the Southeast to New York.

Wallace's store was one of 27 named in two 2006 federal suits that New York Mayor Michael Bloomberg brought against gun shops in states with weaker gun laws. Bloomberg's suits said Adventure Outdoors and the others did little to ensure they were making only legal sales and, as a result, those weapons were used in crimes 900 miles away.

Adventure Outdoors is one of three shops that hasn't settled, been dropped from the case or gone out of business. Its case goes to trial first, on Tuesday, while the other two are set for September.

Wallace said there is nothing to make him agree to the settlement terms other shops accepted. New York is not asking for damages. Rather, it wants to oversee gun sales records via a court-appointed monitor, at New York's expense, for the next three years.

"The city has unlimited wealth, and they know individuals can't afford [to fight]," Wallace said, adding he is "standing up for the customers and the other poor gun dealers" by fighting the suit.

Wallace said "straw purchasers" New York sent to his Smyrna business simply found a way to entrap him and his business in a publicity stunt to draw attention to Bloomberg,should he run for another elected office, Wallace said.

"He's not for real," Wallace said.

Wallace said he feels abused and misunderstood. He predicted the case and his pending counter lawsuit against New York and Bloomberg will cost him about $1 million in legal fees.

"I don't believe an elected official in New York, whom I cannot vote for, should be able to tell me what to do," Wallace said. "He doesn't know anything about Adventure Outdoors. When you settle, you're saying it's true. If I rolled over, they would have been successful in their quest."

The New York suit and filings contend Adventure Outdoors was the original source of at least 21 handguns recovered at New York crime scenes between 1994 and 2001. Details of those crimes were described in the lawsuit and most likely will be part of New York's case once testimony begins in about a week.

"The city has no quarrel with law-abiding gun owners or responsible gun dealers," Jason Post, spokesman for New York, said in response to Wallace's contentions. "This litigation asks only that dealers comply with the law."

The suit provides sketchy details of some of the New York crimes that involved Adventure Outdoors guns. The lawsuit also recounts the day two representatives — a man and a woman — bought a 9mm Glock for $500 at Adventure Outdoors while sending signals to the store clerk that the purchase may not be legitimate.

Wallace said he was not in the store that day, but he knows about the sale, and employees went beyond the routine to ensure that the sale was proper.

"We gave her extra questions. We had her initial the section that said it was illegal to buy a gun for someone who cannot have one," Wallace said. "Every time you have a suspicion doesn't mean there is anything wrong with the sale."

[Skuggi]

I've been wondering why the other states involved haven't been bashing bloomberg and standing up for their citizens.

[jofreder]

NY Want to oversee gun sales in PA. Where the heck are our lousy Politicians telling him to stay out of our business. What freakin right does he have.

Does any one know if DunkleBergers was some how in on this deal.

[Swarner793]

Virginia took measures against Bloomberg's illegal investigations and passed a law stating, essentially, that any "investigation"conducted will be prosecuted as a straw purchase. VA's Attorney General even took an ad out in USA Today telling Bloomberg it would violate VA law to conduct such investigations. Wish PA had leaders with the gumption to the same.

Also, does anybody else feel that Bloomberg admits that the citizens of NY are inferior to other states? It just seems that NY residents are more prone to violence if they are willing to travel hundreds of miles to circumvent firearms laws to get their hands on firearms.

Be safe.

Scott

[Brown-Bear]

Pa won't stand up tho Ny or Bloomberg like Va did. I garuntee that Va looked at that and said " I'll be damned if some Yankee summbitch is gonna tell me what to do". Pa is fast turning from its citizens as a safe haven for gun rights. I can't seem to follow the thought process where PA politicos saw this and said " Yeah, lets allow the Mayor of another state control retail sales in our state".

Dave

[pex]

Virginia took measures against Bloomberg's illegal investigations and passed a law stating, essentially, that any "investigation"conducted will be prosecuted as a straw purchase. VA's Attorney General even took an ad out in USA Today telling Bloomberg it would violate VA law to conduct such investigations. Wish PA had leaders with the gumption to the same.

Also, does anybody else feel that Bloomberg admits that the citizens of NY are inferior to other states? It just seems that NY residents are more prone to violence if they are willing to travel hundreds of miles to circumvent firearms laws to get their hands on firearms.

Be safe.

Scott

Would be interesting to see THAT statute!

[Swarner793]

Here is some info on it. It is not the actual number, but a link to the NRA article about it. http://www.nraila.org//Issues/Articles/Read.aspx?ID=242

Be safe.

Scott

Earlier this year, lawmakers in Virginia passed a bill that would prevent Bloomberg from invading the shops of gun dealers in the state with his vigilante posse of private eyes.

Virginia lawmakers must have taken the wisdom of the U.S. Department of Justice to heart. The Justice Department told Bloomberg to refrain from staging any more of his phony “sting” operations in a strong letter that said: “You should be aware that there are potential legal liabilities that may attach when persons outside of law enforcement undertake actions typically reserved for law enforcement agents … .

[headcase]

Hey Whitefeather,

Maybe you can answer this. As a customer of Dunkleburgers whose info may have been sent to Bloomberg, am I able to sue over the use of my personal info?

[Charlie B]

I’d like to know about what Dunkelberger’s deal was. I’ve bought 4 or 5 guns from them in the last year or so. In the article the OP posted, it says “New York is not asking for damages. Rather, it wants to oversee gun sales records via a court-appointed monitor, at New York's expense, for the next three years.”

I would like to know to what extent this “court-appointed monitor” will “oversee” Dunkelberger’s sales records. Will they just reference this database for serial number matches when guns are recovered from a crime scene, or what exactly how this list will be used?

It is obvious that Mayor Bloomberg and the NYC PD can trace these handguns that were recovered at New York crime scenes, so they should look at the original purchasers and make a case against them if it turns out that they were straw purchasers.

It is outrageous and unbelievable that NYC can take any action against a dealer in another state without getting BATF involved. If there were any violations, BATF should have suspended those licenses and imposed whatever punishment is prescribed by law. Since the feds did not get involved, it is unlikely NYC can make a legitimate case. But, anyone can file a legal action against anyone else and then it costs a lot of money to defend your self.

[Swarner793]

Since the feds did not get involved, it is unlikely NYC can make a legitimate case. But, anyone can file a legal action against anyone else and then it costs a lot of money to defend your self.

That is the kicker! The Dealers agreed to being monitored under a civil settlement. It never had a day in court. NYC never had to "make a legitimate case". The Dealers just could not afford to fight the claims in a NYC Court. So they agreed to having their sales monitored, therefore being removed from the civil action. It is extortion.

Be safe.

Scott