They claimed that retailer Cabela’s was guilty because the sale of a pistol was later used in a crime.
The Brady Campaign was looking to take down the retailer (and possibly collect as much money as possible) over the fact that last year, a pistol was sold and was later traded by a felon and used in a shooting that killed an area woman.
The group filed the lawsuit last year, arguing that store employees ignored warning signs of July 2016 illegal “straw purchase” made by the girlfriend of a long-time criminal, John Kuligowski.
That was a false accusation.
Later, the handgun was traded on the street by Kuligowski, and was eventually used in a drive-by shooting that claimed the life of Anderson.
Kuligowski received 27 months in federal prison.
So, the anti-gun group went after Cabela’s.
They claimed that employees should have known the felon’s girlfriend provided a false address on federal paperwork and lied on a statement when she certified that she was the actual purchaser of the gun.
But, the store employees are not psychic.
The judge explained that the federal system, the National Instant Criminal Background Check System, approved the sale.
So, how could employees have known?
It was only later that police were able to determine and identify that she provided a false address.
While Kuligowski had driven his girlfriend to the retailer, he remained in the parking lot while she bought the gun.
“Cabela’s performed a NICS background check, received a ‘proceed’ response, and otherwise complied with the relevant statutory provisions,” said Medinilla.
The judge added that her ruling did not prevent Brady from suing Kuligowski, his girlfriend or the persons charged in Anderson’s death.