resources

Fox v. In Site Firearms

Background

Between April and July 2012, 31-year-old Michael Henry purchased six guns at In Site Firearms in Montgomery County, Pennsylvania. Henry was straw purchasing the weapons for felon Andrew Thomas, who couldn’t pass a Brady background check due to a forgery conviction.

On September 13, 2012, Plymouth Township Police Officer Bradley Fox was shot and killed by Thomas after pursuing him following a hit-and-run car accident. Thomas ambushed Officer Fox on a recreational path and fired four shots, fatally injuring Fox and wounding his K-9 partner Nick before turning the gun on himself.

Officer Fox, a U.S. Marine who survived two tours of duty in Iraq, left behind his wife Lynsay and a young daughter; the couple was expecting their second child at the time of Officer Fox’s death. His murder and the straw purchase that enabled it helped lead to the Pennsylvania state legislature’s passage of the “Brad Fox Law,” which established mandatory minimum sentences for repeat straw purchasers. In August 2013, Michael Henry was sentenced to 20 to 66 years in prison for straw purchasing a total of nine guns for Andrew Thomas.

Lawsuit

The Brady Center and the Dechert law firm filed suit against In Site Firearms for Officer Fox's family on September 8, 2014. According to the lawsuit, each time Henry made a purchase at In Site, Thomas provided him with cash, waited for him to complete the purchase, and then took possession of the gun in the store's open-air parking lot. The suit alleges that this pattern and other factors should have clearly indicated to In Site that Henry was a straw purchaser. The defendants filed preliminary objections to the complaint, akin to a motion to dismiss, in late 2014. At oral argument on May 18, 2015, the judge denied the defendants’ preliminary objections, allowing the case to proceed, but directed the plaintiffs to make some adjustments to the complaint. In February 2016, the court again overruled defendants' second attempt to dismiss the case. The case is now in discovery. Read the Press Release announcing the filing of the lawsuit: Brady Center Files Complaint Against Gun Dealer for Family of Bradley Fox, Police Officer Killed with Straw Purchased Gun.


Back to Resources
Related Legal Cases

Englund v. J&G Sales & World Pawn Exchange

Landmark Victory Reforming the Online Gun Industry

FL Gag rule, Wollschlaeger v. Scott

Victory in Florida, Strikes Down Gag Law Restricting Doctors From Talking About Gun Risks

Brady Center v. ATF - FOIA Lawsuits

Victory Exposing ATF and Gun Industry

Delana v. Odessa Gun & Pawn

Victory in Missouri Supreme Court, Gun Dealer Liable for Sale of Murder Weapon

Mata v. Pioneer Pawn

Victory in Reforming Texas Gun Dealer

Shirley v. Glass

Victory in Kansas Supreme Court, Gun Dealer Liable for Sale of Murder Weapon

Johnson v. Bull's Eye

Victory in Holding Gun Sellers Accountable to Victims and Families in DC Sniper Case

Wortham v. Ed's Pawn Shop

Victory on Behalf of Family of Chicago Police Officer Murdered After Straw Purchase

Jefferson v. Sauers

Victory in Philadelphia, Holding Gun Dealer Accountable and Settlement for Mother Whose Son Was Killed with Trafficked Gun

Allen v. Lock N Load

Victory in Reforming Florida Gun Dealer After Murder From Straw Purchase

McGuire and Lemongello v. Will's

Victory in Holding Gun Dealer Accountable and Landmark Settlement for Police Officers Shot with Trafficked Gun

Williams v. Beemiller

Victory in New York Appeals Court Against Gun Trafficking

City of Gary v. Smith & Wesson

Victory in Indiana Supreme Court Holding Gun Industry Accountable for Negligent Sales

Daniel v. Armslist

Victory in Wisconsin Appeals Court Against Internet Gun Market

Prescott et al v. Slide Fire Solutions

Fighting Against Bump Stocks for Victims of the Las Vegas music shooting

Runnels v. KS&E Sports

Fighting for a Police Officer Injured in Indiana With A Weapon From a Straw Sale

Luke v. A Pawn Shop

Global $2 Million Settlement with Gun Dealer that Conducted Deadly Straw Purchase