(Washington, D.C.) – On Friday, July 19, 2013, the Kansas Supreme
Court issued a landmark ruling in the case Shirley v. Glass (Case No.
102570), finding that gun dealers must use the highest standard of care
when selling weapons, and that dealers can be held liable for violating
gun laws under negligence per se. Both rulings were first-of-their kind
decisions in the state of Kansas.
Jonathan Lowy, Director of the Legal Action Project at the Brady
Center, argued the case and praised the ruling as a “landmark victory
that will help victims of gun violence in Kansas and across the
country.” “Most gun dealers do their best to keep guns out of the hands
of dangerous people, but the bad apples who supply felons with straw
purchases should be held accountable to victims,” said Lowy. “This
ruling will remove the profit incentive for arming criminals, and make
sure that innocent victims of gun violence aren’t the only ones who pay
the cost of irresponsible gun sales.”
The suit was filed by Elizabeth Shirley, whose son Zeus was murdered
by her estranged husband Russell Graham, against Baxter Springs Gun and
Pawn Shop in Baxter Springs, KS, where Graham obtained the murder weapon
in a straw purchase earlier that day. Graham’s grandmother completed
the sale of the gun after Graham informed the dealer he was a felon, so
was ineligible to purchase the weapon himself.
Shirley’s case was initially dismissed by a trial court judge whose
decision relied on a Kansas appeals case that held that a gun dealer was
not liable for supplying a dangerous individual with a firearm.
Represented by the Brady Center to Prevent Gun Violence’s Legal Action
Project, Shirley appealed the decision to the Kansas Court of Appeals,
which reversed the lower court’s holding and found that the dealer could
be liable for negligently entrusting the gun to Graham.
Although the Court had found that Shirley’s case could proceed,
Shirley appealed decisions that the dealer could not be liable for
violating gun laws, and was not required to exercise the highest degree
of care in its sales. The Kansas Supreme Court reversed those two
rulings by the Appeals Court in its Friday decision.
Shirley’s case now returns to Cherokee County District Court. A
schedule has not been set. James R. Shetlar and Melanie Caro, of the Law
Offices of James R. Shetlar, Overland Park, Kansas, is co-counsel for
Elizabeth Shirley with the Brady Center to Prevent Gun Violence Legal
Action Project.
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