Brady Center Sues Gun Shop Over Officer’s Death

Bradley Fox was killed in Plymouth Township in 2012.

The Brady Center to Prevent Gun Violence has filed a lawsuit against a gun shop it says irresponsibly sold the firearm used to kill a Plymouth Township officer in 2012.

Officer Bradley Fox died in 2012 after being shot by Andrew Thomas; Thomas, who committed suicide after killing Fox, bought the 9-mm pistol from Michael Henry, who in turn bought the gun — and five others — from In Site Firearms & Law Enforcement Supplies, located in Jeffersonville.

The Brady Center’s lawsuit says the shop knew or should’ve known that Henry was making improper “straw” purchases for Thomas, whose criminal background would have prevented him from passing a background test and thus buying the gun directly from the shop.

The Brady Center, in a press release, explains:

According to the complaint, In Site Firearms sold six guns to Michael Henry between April 2012 and July 2012, including the 9mm Beretta pistol used to kill Officer Fox. Henry straw purchased these six weapons for Andrew Thomas, who could not pass a Brady background check due to his prior criminal record. (Henry was sentenced to 20 to 66 years in prison.)

The complaint states that each time Henry made a straw purchase at In Site Firearms for Thomas, Thomas provided Henry with cash, waited for him to complete the purchase, and then took possession of each gun in the store’s parking lot. The complaint argues that In Site Firearms failed to comply with its legal obligations, use reasonable care, implement best practices, and/or otherwise take appropriate and necessary steps to minimize the risk of selling guns to straw purchasers. The complaint also alleges that In Site Firearms’ failures were in knowing and willful violation of its duties as a licensed gun dealer and seeks both compensatory and punitive damages.

The lawsuit seeks at least $50,000 in damages. Pro bono counsel is being provided to the plaintiffs by Dechert LLP, a Philadelphia law firm.

[Hat Tip: Jim MacMillan]