Mother sues Missouri shop for selling gun later used in murder

[streaker69]

http://news.msn.com/us/mother-sues-m...used-in-murder

Weathers developed a high level of paranoia in 2006, was diagnosed with schizophrenia in 2011, and hospitalized on several occasions for suicidal tendencies, the lawsuit said.


The Social Security Administration determined she was "severely mentally ill," the lawsuit states.


"Delana emphatically and urgently requested that Odessa not sell Weathers a gun because of the great likelihood that Weathers would use the gun to shoot herself or others," the lawsuit states.

It sounds as though this woman had been committed, possibly 302'ed at least once. So that should have probably shown up on a background check. I also have to wonder how Delana knew which gun shop Weathers was going to buy a gun from, or was she just calling every gun shop in the area to warn them.

I hope that Delana has actual proof that she spoke with the gun shop and that they acknowledged the communication.

[hog45]

You know, if the gun shop did their job, which is to run a background check, and if the background check came up clean, then they are allowed to sell to her.

If I call in and tell the manager at the shop that Streaker69 is a crazy guy who is dangerous, they don't have to listen to me. In fact, unless I can bring in some sort of medical paperwork to prove what I'm talking about, they shouldn't listen to me. If the background check came up clean, and no evidence was brought to their attention, then they were fully in the right to sell to her.

Of course, I don't know the details, maybe the lady did have medical paperwork to show them, and they disregarded it, or maybe they didn't even run the background check, or something negligent like that. I don't know. I just know that some random person calling into a shop and claiming that a customer is a schizo should not prevent them from getting a gun. It also says that she was diagnosed in 2006, but the murder was not until 2012. When did the lady warn them about her. Was it the day before she bought the gun, or six years before, or did she come into the shop with her and plead with the manager directly on the spot? We need more info.

I suspect this is a bullying effort from the Brady Bunch to intimidate gun shops to stop them from selling guns.

[libra8]

I thought the same thing. I'm no expert but my guess is people with mental illness can act perfectly normal one day and no so much the next. The gun shop should not believe a random caller if a back round check comes up clean.

[Brick]

Under Mo. Rev. Stat. §632.300 mental health professionals in the State of Missouri must report those who're a danger to themselves or others! That requirement has existed since 1996! If the mental health professionals, law enforcement officials or state authorities involved FAILED to identify this person as prohibited from firearms ownership/possession or otherwise failed in fulfilling the requirements of the Brady Act to maintain and update NICS background data, there is no way the gun shop is culpable.

[G17-5291]

Good luck with that one, if this would hold up that would mean everybody on earth whose family member was murdered could sue the shop that originally sold the gun that was used in the crime.

It's like suing Ford because your son drove drunk and killed himself in an Explorer.

If the shop did their due diligence and conducted a background check and she passed, then they have no blame in this.

[Kabloosh]

They don't have background checks in Missouri.

http://www.washingtonpost.com/blogs/...-murder-spike/

So no whining if you are against background checks.

[jerkin]

They don't have background checks in Missouri.

http://www.washingtonpost.com/blogs/...-murder-spike/

So no whining if you are against background checks.

Yes, they do have background checks in Missouri, required by Federal law for any purchase from a shop just like the rest of the Country. I am against background checks so why would I whine?

[hog45]

Yes, they do have background checks in Missouri, required by Federal law for any purchase from a shop just like the rest of the Country. I am against background checks so why would I whine?

Agreed. All FFLs must do background checks, always. I am also opposed to them and I complain/whine about them all the time.

[BSH]

kabloosh, the article you linked is so full of fail, I'm not quoting it. If you only get your info from mainstream media, you're sure to be misinformed. There's no such thing as an 'unlicensed' dealer. If ATF decides you're a 'dealer' based on your buying & selling, you better have a license, or it's jail & fines. ALL dealer handgun sales, everywhere in the US, get background checks. That's the Brady law. Only private, person-to-person, individual sales are exempt from background checks, and only in some States.


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[hotdog]

Wonder whos funding this latest nonsense.

Maybe a lawyer sympathetic to the gun grabber's agenda?