Thursday, October 28, 2010

Two Milwaukee Police Officers Shot In 2007 With Handgun Purchased At Badger Guns Sue Shop

Photo by HNG

Gun rights activists say, lawsuit is frivolous and Badger Guns only sold weapons to state approved purchasers after a criminal background check by the Wisconsin Department of Justice was done.

By H. Nelson Goodson
October 28, 2010

Milwaukee - On Thursday, a former Milwaukee police officer and an officer filed a lawsuit in Milwaukee County Circuit Court against Badger Guns, Inc. of West Milwaukee claiming negligence for selling a handgun involved in a crime. Retired Milwaukee Police Officer Alejandro J. Arce during a press conference announced the filing of the lawsuit against Badger Guns for selling a weapon that resulted in a shooting injury of both him and Milwaukee Police Officer Jose Angel Lopez III. Arce after enduring medical rehabilitation from the shooting incident decided to take a duty disability retirement from the department as a result of his injuries. Arce can still carry a weapon and has arrest powers.
They were both shot with a handgun purchased at Badger Guns through a straw purchase. A straw purchase is when someone legally buys a weapon intended for someone else, a felon or buys it to sell it to someone else who is not legally entitled to own a handgun.
On November 6, 2007, Officers Arce, then 26, and Jose Angel Lopez III, then 31, were shot multiple times at the 1300 block of S. Greenfield Ave. by Victor Veloz, 16, in Milwaukee's South side. Arce was shot in the groin and Lopez in the shoulder. Veloz was convicted and is serving 60 years in prison.
His accomplice, Jose Fernandez, 24, legally bought a gun at Badger Guns and then gave it to Veloz who went looking for rival gang members at the 1200 block of W. Madison St. Veloz shot two teens at the Madison St. location. Fernandez was later convicted and sentenced to 24 years and six months in prison.
Arce during the conference said, “I want my fellow officers to be safer. That is why I am suing Badger Guns. I hope that this lawsuit will change the way Badger Guns does business.” 
Arce and Officer Lopez are claiming undisclosed financial damages and seeks to declare Badger Guns a public nuisance for selling a gun used by a 16-year-old shooter. 
Within less then three years, at least six Milwaukee officers have been shot by weapons bought at Badger Guns. Prior police and federal investigations proved Badger Guns did nothing illegal by selling guns to purchasers approved by the state through a criminal background check. The state Department of Justice legally approved gun buyers to purchase weapons, according to Badger Guns.
Gun activists say, Badger Guns sold the weapons legally to a purchaser who later admitted to police he bought it for someone else. The purchaser is the one responsible and should be the one being sued.
Both Arce and Officer Lopez would have to prove Badger Guns employees knew the gun was being sold to someone who intended to sell or was purchasing a gun for a felon. Which most likely won't happen, unless an employee admits he knew it was a straw purchase.
Attorney's from the firm of Brady Center to Prevent Gun Violence from Washington, D.C. filed a 40 page civil complaint and are representing Arce and Officer Lopez in the lawsuit. The firm says, other officers might join in the lawsuit who were also shot as well with purchased Badger Guns.
The City of Milwaukee was also included as a plaintiff, but City Attorney Grant Langley confirmed the city did not seek to be included in the lawsuit. Most likely, the City of Milwaukee would be compensated for workers's compensation it paid for Arce and Officer Lopez.

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