Web Search powered by YAHOO! SEARCH
share
email
print
reprint
font size
options
 
READER FEEDBACK
Post a comment


“Don’t lie for the other guy”

ON THE GLASS cases featuring guns for sale at the Delaware Valley Sports Center, the stickers warn: "Don't Lie for the Other Guy."

Behind the cases, center manager Dwayne O'Brien stands ready to rat out scofflaws, with dozens of cops' numbers programmed on his cell phone, some on speed dial.

You'd never suspect that this shop was once among the city's top crime-gun dealers, according to the Washington, D.C.-based Brady Center to Prevent Gun Violence.

The center, using data supplied by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, ranked gun shops in 2000 by how many crime guns were traced back to them. In Philly, the shop where O'Brien now works was in the top five.

Gun dealers, the thinking goes, should be held accountable for their role in the gun violence that bloodies city streets. Careless or crooked gun dealers are just as guilty as the criminals who illegally use guns, firearm foes say.

"You can't stop gun crime without targeting the source, which is corrupt gun dealers," said Daniel Vice, senior attorney at the Brady Center. "It's the same reason we target drug kingpins ."

That view vexes O'Brien.

His shop changed hands in 2006, and the new management has worked hard to overcome its thug-friendly reputation. While O'Brien loathes corrupt dealers as much as Vice, he says that conscientious merchants like himself get unfairly smeared by scapegoating zealots.

"That's like holding a car dealership responsible when someone kills someone with a car - you cannot control what the consumer does with the product," O'Brien said. "The only thing you can do is make sure that gun gets in hands that are safe and legal."

Start at the source

Daniel Vice has a simple strategy for slowing the flow of guns into goons' hands.

Make 'em pay, starting at the source.

While cops and courts punish the person caught with an illegal firearm, Vice goes after the gun shops, suing them for liability on behalf of gun-violence victims and snagging some staggering sums.

When 10-year-old Faheem Thomas-Childs got caught in a 2004 gang shootout outside his North Philadelphia elementary school and died days later, Brady Center attorneys joined Philadelphia lawyers to sue the American Gun and Lock Club, in Fishtown.

The attorneys argued that the club negligently sold gang members, through a straw sale, the gun that was used to kill the third-grader. The case settled for an undisclosed amount in 2007.

Brady Center lawyers also won a $1 million settlement in 2004 for two Orange, N.J., officers shot and injured on duty, after suing the West Virginia shop that sold, in a straw sale, the gun that the cops' attacker used. The same year, the center snagged a $2.4 million settlement from a gun dealer and manufacturer on behalf of the D.C. sniper victims.

Such victories have become increasingly elusive in recent years, as federal lawmakers moved to immunize gun dealers from such penalties.

Legislators in 2005 passed the Protection of Lawful Commerce in Arms Act, preventing gun makers and dealers from being held liable for crimes committed with their products.

And, since 2003, lawmakers have increasingly restricted public access to gun trace data, saying that easy access to gun trace data violates the privacy of law-abiding gun owners.

Such changes have complicated Vice's crusade. But he remains undaunted.

"With our weak gun laws, public pressure often is the only way to shut down these corrupt gun dealers," he said.

Red flags vs.

profit pressure

O'Brien knows well the clues that suggest that a customer is a straw buyer.

A hovering boyfriend who picks the gun and answers O'Brien's questions but then has his girlfriend complete the paperwork.

A patron who consults with friends waiting in the parking lot outside before buying.

"People asking for Glocks, because they hear about them in rapper songs," said O'Brien, who has worked in the gun industry for 12 years. "I try to steer them back to models more suited for first-time buyers, but they say: 'No, I want a Glock.' And they don't know anything about Glocks or guns at all."

But red flags trump profit.

"If I don't feel right about a sale, I won't sell it," O'Brien said. "Because I'm white, bald and tattooed, they think I'm racist when I refuse a sale."

And red flags pop up aplenty at the Bustleton shop, which was known until 2006 as C&C Sports Center under a previous owner.

The Brady Center ranked C&C fifth in its list of the city's biggest crime-gun dealers, with 204 crime guns traced back to it between 1996 and 2000. Three other gun shops on the Brady list have since closed.

But O'Brien and other staffers say that they've made many changes to discourage delinquents.

Surveillance cameras monitor shop happenings. Customers enter and leave the shop through double, locked doors. Ratting out lawbreakers is a point of pride; O'Brien taped up a newspaper clipping hailing his shop's role in helping police nab four felons who'd come to use the range last spring.

"We will do everything we can to get the bad element out of here," O'Brien said. "We don't want them here."

 

Comments   
Posted 10:14 AM, 11/02/2009
Gorras
Straw buyers? They walk but the gun dealers are liable? Brady's are misguided in thinking they are improving society with their anti any gun programs.
Posted 11:07 AM, 11/02/2009
CleanupPhilly
Then there is the DN article that suggests that women straw buyers are "victimized" for doing long sentences, even when the criminal does less time because of weak prosecution of gun crime! Kids, we are not prosecuting gun crimes adequately in PA. Not even close. Straw buyers are starting to get taken seriously, and it points out how lenient the sentences and policies are for the criminals who use the guns! What does common sense tell you?
Posted 11:27 AM, 11/02/2009
aNutterInDgutter
It's all about the lawsuits and money for these blood suckers whose livelyhood would be nothing without crime.
Posted 11:52 AM, 11/02/2009
Contract Aaron
I am not a right winger, a conservative, a gun owner, a libertarian, a Republican or a tea party whacko. Gun control laws and law suits, like the ones mentioned above, are absurd and absolutely a violation of the very clearly written bill of rights. While I'm certainly not accusing gun control lobbyists and activists of facism, the first step of all autocratic societys is restricting weapons. Well meaning or not, it is unreasonable to have a hodge podge of laws where a gun owner can't be expected to know what the rules are in his current location. It's also unreasonable to have the police deciding who can and can't carry a firearm when they have a vested interest in preventing everyone from carrying. I am probably unable to acquire a permit to carry because of a TRAFFIC incident and resulting beauracratic mess. I don't have any interest in carrying a weapon, but it's absurd that I have to go before a sherrif looking for any excuse not to let me have one. Reasonable waiting periods are common sense. Laws preventing VIOLENT felons from posessing a weapon are fine. Laws prosecuting straw buyers are fine. A gun merchant is a businessman like any other and should not be held accountable for customers breaking the law. Similarly, a non-violent person should not be restricted from carrying a weapon. If I were someone turned away from owning a weapon and was later a victim of crime, I'd be filing a law suit against whatever agents prevented me from protecting myself.
Posted 11:57 AM, 11/02/2009
chucky96
If you want to hold someone responsible for a crime... HOW ABOUT THE CRIMINAL?
Posted 12:48 PM, 11/02/2009
puddydawg
OK DN let me get this straight. I suppose to have compassion for the female straw buyer because she's a drug addict, but hold the gun dealer responsible? What are you smoking? Did anyone notice that the law suites were almost always settled for for big $. That's what that is about, nothing to do with safety. If a dealer refuses to sell a gun to someone who can legally purchase it, he becomes exposed to a lawsuit from that person. You can't just refuse it because he looks guilty, or shifty, or her boyfriend he thinks has too much to say. My friends father went with him to purchase a gun, because of his limited knowledge of the different make a models. His father was going to teach him how to safely handle the gun. Now how is a gun dealer supposed to know the difference?
Posted 12:51 PM, 11/02/2009
Goodhands
It must be the victims fault for looking like a good target why not sue the clothing manufaturers for selling them those 100 dollar sneakers if they had on bobo's no need to rob them.
Posted 02:34 PM, 11/02/2009
DonQ
I agree that prosecuting straw buyers is a viable crime-fighting strategy. I strongly disagree with the Brady practice of suing the gun dealers after they fall victim of the straw-purcaser's crime. Prosecuting the victim of a crime is wrong.
Posted 03:34 PM, 11/02/2009
MC496833
Why dont we create a gun control board, everyone who purchases a gun goes into a database, agents from the gun control board will check up on these people periodically at which point the person will be required to show the agent the gun they purchased, if they cant do it, automatic fine/arrest.
Posted 01:46 AM, 11/03/2009
angelhorns
a "gun control board",LOL,,that will be just another freedom taken away from us and another form of monitoring us which to me is an invasion of privacy by putting any gun owner in a data base,,just seems that would make gun owners easy targets in investigations of crimes with guns. u gonna check the database for everyone owning a gun of that caliber?,then bring them all to the station to check the weapons in question? costing the innocent alot of time and aggravation and quite possibly time from work? bad idea,,,one thing needed is to enforce the laws already on the books,,which is not being done to its fullest extent,and try going after the bleeding heart liberal judges that not only sentence violent criminals to short terms in prison,but also let them out alot earlier to hurt even more people.
Posted 01:51 AM, 11/03/2009
angelhorns
going after the gun dealers is not the answer,,all they're doing is running a business,,same as going after a bar owner when someone kills someone when driving drunk,,both are selling a product,,not encouraging a crime.
Posted 05:01 AM, 11/03/2009
Emacee1701
The "very clearly written Bill of Rights?" Please. It's apparent whoever drafted it went into politics because he was a lousy lawyer. It's so broad and ambiguous that anybody can make it mean anything they want. Brady was a Republican flack but when he gets shot, he becomes a born-again anti-gun activist. And there's no reason to think that current Philly gun laws would have stopped Hinckley from getting the gun he used to shoot Brady. Maybe the Brady group should go after the chick the guy who used a gun to commit a crime was trying to impress.
Posted 05:48 AM, 11/03/2009
Mark Glaeser
Murder and mayhem are already crimes. Modern gun laws are tools to remove weapons from the hands of responsible, law abiding citizens. Responsible, law abiding citizens who happen to be armed, are perceived as a threat by those in power. These facts are incontrovertible and there are examples all throughout history if you do some unbiased research.
Posted 07:27 AM, 11/03/2009
oakster
Lets face it,the ambulance chaser has such a great field day with Philly gun dealers because Philly has such a load of low life career violent criminals with dope addict girlfriends.I don't know why any person would even try to run a legitimate business in such an atmosphere.
Posted 08:36 AM, 11/03/2009
bcr229
puddydawg wrote, in part: If a dealer refuses to sell a gun to someone who can legally purchase it, he becomes exposed to a lawsuit from that person. You can't just refuse it because he looks guilty, or shifty, or her boyfriend he thinks has too much to say...... I am a licensed gun dealer (custom manufacturer and gunsmith, not a stocking retail dealer). ATF made it very clear when we had our pre-approval interview that we could refuse to sell a gun to anyone for any reason, and they would back us up.
  • Jobs
  • Cars
  • Real Estate
  • Rentals
 
SEARCH JOBS
Spotlight Deal
Old City/Society Hill 19106
Spotlight Deal
Ardmore 19003
SEARCH REAL ESTATE
Spotlight Deal
Center City 19102
Spotlight Deal
Rittenhouse Square 19103
SEARCH RENTALS
Daily Headlines
Subscribe now! Daily Headlines Newsletter