Gun dealer backs out of NYC trial over gun sales

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Gun dealer backs out of NYC trial over gun sales

By TOM HAYS
ASSOCIATED PRESS WRITER

NEW YORK -- A Georgia gun dealer accused in a federal lawsuit of selling weapons that ended up in the hands of New York City criminals has opted not to go to trial this week.

A lawyer for Jay Wallace, the owner of Adventure Sports Inc. in Smyrna, Ga., said in court papers Monday that his client decided that a trial would be a waste of time and money. He also claimed that pretrial rulings against the defendant showed he couldn't get a fair trial.

Opening arguments had been set for Tuesday in Brooklyn. City attorneys said that instead of a trial verdict, the judge entered a default judgment against Adventure Sports, which can be challenged in the 2nd Circuit Court of Appeals.

Adventure Sports, "a small retail dealer with limited resources," has "chosen not to engage in the futile exercise of defending itself at a bench trial, and to appeal any default judgment that may be entered against it," wrote the defense attorney, John Renzulli.

In a statement, Mayor Michael Bloomberg called the development "an important victory for New Yorkers - as good as a win at trial - and a validation of our innovative efforts to hold gun dealers accountable for following federal laws."

City officials said they would ask the court to impose outside oversight of Adventure Sports' sales when the final details of the judgment are worked out at a later date.

Adventure Sports was one of 27 out-of-state gun shop owners accused by the city in 2006 suit of selling weapons to people who peddled them to criminals. While most of the shops settled by agreeing to track sales more closely, Wallace rejected the deal and initially decided to go to trial.

Authorities say they traced 21 illegal guns recovered in the city between 1996 and 2000 to Adventure Sports. To make their case, the city also sent undercover buyers with hidden video cameras to Wallace's shop and others to make simulated "straw purchases" in which one person submits to a background check for a gun for someone else.

Wallace has called the case "ridiculous," and filed a $400 million countersuit accusing the mayor of libel.

http://seattlepi.nwsource.com/national/1110ap_gun_trial.html

Hell is to good for anti- gun politicians. Bloomberg should fall off a bridge.
 
Hell is to good for anti- gun politicians. Bloomberg should fall off a bridge.
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Actually, you should read what the Bible says about Hell. It's plenty of punishment for anyone.

As a responsible gun-owner, I support the prosecution of those who break gun laws. I mean when they deliberately disregard gun laws. If he REALLY was knowingly selling guns to straw buyers, he should go to jail. Just because he's a gun dealer doesn't mean he's being persecuted.

21 guns recovered in NYC crimes traced back to him, and he's 800 miles away in Georgia? What are the odds of that?
 
Authorities say they traced 21 illegal guns recovered in the city between 1996 and 2000 to Adventure Sports. To make their case, the city also sent undercover buyers with hidden video cameras to Wallace's shop and others to make simulated "straw purchases" in which one person submits to a background check for a gun for someone else.
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Oopsy!

21 guns recovered in NYC crimes traced back to him, and he's 800 miles away in Georgia? What are the odds of that?
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Bingo!
 
As a responsible gun-owner, I support the prosecution of those who break gun laws. I mean when they deliberately disregard gun laws. If he REALLY was knowingly selling guns to straw buyers, he should go to jail. Just because he's a gun dealer doesn't mean he's being persecuted.

21 guns recovered in NYC crimes traced back to him, and he's 800 miles away in Georgia? What are the odds of that?
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Jail has never been an element of this case. At least understand the case before posting irrelevant opinions. Bloomberg's guys probably committed crimes when they attempted the straw purchases. What kind of "fair trial" do you think a Brooklyn judge (ever checked out the demographics of Brooklyn?) would give a gun dealer from Georgia?
 
how about serial numbers

Lets just examine guns in terms of serial numbers. How the NYC actually traced the guns as being sold by the same shop is another issue by itself. However if serial numbers are the basis for the evidence claims how can you dispute you own FFL records when they contain the serial number of the guns you sold.

Now there is no statement by NYC as to how they determined the guns in question were sold by the accused seller. Nor is there any claims by the seller that he did not sell those units.
 
If NYC is claiming he broke a law in GA then how can they claim to require him to have his trial in NYC?

Whatever the dealer did it is none of NYC's business. If he has violated the laws on straw purchases it is up to the BATF to handle it.
 
If NYC is claiming he broke a law in GA then how can they claim to require him to have his trial in NYC?

Whatever the dealer did it is none of NYC's business. If he has violated the laws on straw purchases it is up to the BATF to handle it.
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It sounds like this is a civil case and not criminal. That is why. The concept of a default judgment is a civil one. If it were criminal, he would be required to be present and they would try to extradite him. Also, sometimes you can lose a case in criminal court without being there. That is called being found guilty in absentia.

I'm not a lawyer, but I believe what I have said is true.
 
AlleyKat said:
Jail has never been an element of this case. At least understand the case before posting irrelevant opinions.
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Heehee, oops!

EDIT: I was on about 2 hours of sleep when I wrote that. I read about it today in American Rifleman and came back here to edit my post, when I saw your comment!
 
Let's see... 21 guns found in NYC over a 48 month period.

Questions that need to be asked:
  • What is Adventure Sports' typical volume of guns sales?
  • What percentage of the shop's annual sales is 21 guns?
  • How many gun shops are located within 5, 10 or 15 miles?
  • What are the rates of recovery for these other shops?
  • Does BATF have any information that a large number of other A.S. guns have turned up at crimes scenes?
  • Does NYC prosecute each and every felon-with-a-gun crime?
  • Without plea bargaining it away?
  • In the last 10 years, how many NYPD officers have been terminated or prosecuted for stealing firearms or other evidence in NYPD's possession?
  • In the last 10 years, how many NYPD officers were disciplined, demoted, terminated or prosecuted for failing to turn over contraband siezed on the street?

The point being that if A.S. sales were "leaky" like NYC claims, there should be other guns showing up elsewhere as "crime guns". If the 21 guns represents a total of less than 1% of his total sales, then he's doing his job right 99% of the time... or 100% and the few that slip through are due to the schemes of criminals, not the FFL.

Also, NYPD was notorious, some years ago, for "losing" guns stored in evidence lockers. At least twice in the 1990's a previously "seized" gun showed up as a crime scene gun, much to the embarrassment of NYPD. Each time an investigation promised to "get to the bottom" of how it happened.
 
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