resources

Fox v. In Site Firearms

Case Status: Closed
Pennsylvania · August 8, 2014

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 felony 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 before turning the gun on himself.

Officer Fox was a U.S. Marine who had survived two tours of duty in Iraq. Fox had a young daughter, and his wife, Lynsay Fox, was six-months pregnant with their second child. Fox’s murder and the illegal 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

For years, Brady’s legal team has been fighting to secure justice for Officer Fox’s family. Brady Legal and the Dechert law firm filed suit against In Site Firearms on behalf of Officer Fox's family on September 8, 2014. Our lawsuit alleged that 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 argued 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, arguing that the case was barred the federal Protection of Lawful Commerce in Arms Act (PLCAA). 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. Once again on November 26, 2018, Brady and co-counsel won in trial court, defeating In Site’s Motion for Summary Judgement that again sought to dismiss the case as barred by PLCAA.

Following victories in the courtroom, a major settlement was reached with In Site Firearms in June of 2019. As part of the settlement In Site agreed to institute significant business reforms in order to prevent future straw sales. These reforms include utilizing a new sale system with greater emphasis on monitoring and regulating sales, revising the employee handbook, and requiring annual employee training. In Site has also agreed to place a picture Officer Fox in at least three locations in the store as well as on the company’s website, with language acknowledging its role in Officer Fox’s death.

With this settlement, Brady is proud to secure a small piece of justice for the Fox family. The victory is a major step in reforming the gun industry and keeping guns out of the hands of prohibited purchasers.


Back to Litigation
Related Legal Cases

Types of Gun Violence

Calling out Manufacturers Supplying Criminal Firearms in Gary

Indiana Supreme Court upholds City of Gary’s claims of unlawful marketing and negligent gun sales by various gun manufacturers for contributing to gun violence in Illinois.

City of Gary v. Smith & Wesson

Justice for Oregon Mother Fatally Shot with Online Gun

Brady won a major victory reforming the online gun industry and working to prevent future illegal sales after murder of mother of two.

Englund v. J&G Sales & World Pawn Exchange

Effects of Gun Violence

Gag Law Struck Down in Docs v Glocks

Victory in the 11th Circuit striking down an unconstitutional law preventing doctors from discussing health risks of gun ownership.

FL Gag rule, Wollschlaeger v. Scott

NRA Influence in ATF Policies Exposed

Seeking answers in court regarding ATF’s dangerous regulatory practices.

Brady v. ATF - FOIA Lawsuits

Negligent Missouri Gun Dealer Held Accountable for Man’s Death

Brady won a landmark victory against a negligent gun dealer in the Missouri Supreme Court, allowing the case to proceed to trial. The gun dealer settled for $2.2 million after negligently selling a gun to a woman with mental illness who used it to kill her father.

Delana v. Odessa Gun & Pawn

Texas Gun Dealer Agrees to Reform Business Practices

A Texas gun dealer agreed to implement significant business reforms after it sold a gun to a dangerous purchaser who used the firearm to kill his father-in-law.

Mata v. Pioneer Pawn

Types of Gun Violence

Seeking Justice in Missouri For Eight-Year-Old Killed by Father

After a 10 year legal battle, the Kansas Supreme Court held that a mother could seek justice from gun dealer who sold a firearm to her husband, a convicted felon, to kill her eight-year-old son.

Shirley v. Glass

Types of Gun Violence

Gun Dealer Held Accountable for Arming Shooters in DC Sniper Case

Brady held a gun dealer accountable for supplying firearms to the shooters who killed 17 people and injured seven others in the DC sniper attacks.

Johnson v. Bull's Eye

Types of Gun Violence

Justice for Lifelong Chicagoan Killed with a Trafficked Gun

Brady holds gun dealers accountable for selling trafficked firearms to the criminal market which were later used to shoot and kill a native son of the South Side, war veteran, and Chicago Police Officer while on duty.

Wortham v. Ed's Pawn Shop

Types of Gun Violence

Gun Manufacturer Held Accountable in Death of Seven-Year-Old

Brady sued a gun manufacturer for not including crucial safety features that would have prevented the death of a seven-year old boy.

Jefferson v. Sauers

Gun Dealer Held Accountable for Arming Man with Mental Illness

A gun dealer is no longer in business after Brady sued them for negligently selling a firearm to a man with mental illness who later shot and killed three people.

Allen v. Lock N Load

Justice for Officers Injured by Career Criminal

Brady facilitated a $1 million settlement between a firearms dealer and officers.

McGuire and Lemongello v. Will's

Fight Continues Against Gun Show Dealers For Supplying Gun Trafficker

Brady continues the fight for Daniel Williams, who suffered injuries in a drive-by shooting involving one of hundreds of firearms bought from negligent gun dealer Charles Brown. Courts found that gun dealers can be held liable under PLCAA for facilitating arms trafficking.

Williams v. Beemiller

Types of Gun Violence

Online Gun Sellers Supply Firearms Used in Shooting Rampage

Brady filed suit in case where prohibited person with domestic violence restraining order went on a shooting rampage at his wife’s workplace with firearm obtained through ArmsList.

Daniel v. Armslist

Types of Gun Violence

Las Vegas: Uncovering the Truth About Bump Stocks

Lawsuit filed against Slide Fire Solutions, which invented bump stocks and claims its main purpose is to assist those with limited hand mobility, as its founder boasts of its mimicry of automatic gun fire.

Prescott et al v. Slide Fire Solutions

Justice Won for Family of Officer Slain By Straw Purchased Gun

Recognizing the importance of stopping straw purchases such as the one that resulted in the injury of Officer Runnels, KS&E agreed to continue to follow specific policies and guidelines to prevent straw purchasers and others prohibited from possessing firearms from obtaining firearms at its store.

Runnels v. KS&E Sports

Negligent Gun Dealer Forced to Close

Brady successfully settles for $2 million with Kansas Gun dealer, which was forced to close its doors for its extremely negligent business practices which resulted workplace shooting.

Luke v. A Pawn Shop

Victory for Cincinnati Against Gun Manufacturers

Ohio Supreme Court reverses lower court judgement dismissing claims of a municipality against a myriad of gun manufacturers for their distribution of firearms used in crimes within the city of Cincinnati.

City of Cincinnati v. Beretta

Fighting for Family of Man Killed with Antique Gun Sold to Felon

Brady Legal and Cooper & Elliott Lawsuit Against Cabela’s on Behalf of a Gun Violence Victim Leads to Reforms of Sales Practices Regarding Black Powder Guns

Galliher v. Cabela’s

Holding Major Gun Dealer Accountable for Arming the Streets of Wilmington

Keshall "Keke" Anderson, a 19-year-old mother, was killed in a crossfire while walking in Wilmington by a gun sold to a trafficker through a straw purchase.

Summers v. Cabela’s

Seeking Justice for Victims of Sutherland Springs

Fighting to hold a major Texas gun dealer accountable for arming the mass shooter who killed 26 worshipers at the First Baptist Church.

Sutherland Springs

SETTLEMENT REACHED WITH GUN DEALER THAT SUPPLIED FIREARMS TO NOTORIOUS SERIAL KILLER

Fighting to hold gun dealer accountable for selling firearms to a straw purchaser who armed a now convicted serial killer.

Carver, Coxie v. Academy Sports + Outdoors, Coxie v. Academy Sports + Outdoors

Beretta Needs Design Change to Protect Against Family Fire

Brady's lawsuit prompts significant state legislation requiring manufacturers to include more effective safety features on their firearms.

Dix v. Beretta

Landmark Precedent Set Requiring Safety Features

New Mexico Court of Appeals rules in favor of Brady and the family of Sean Smith, who was injured as a result of an unintentional discharge. The Court ruled that Bryco should have included safety features to ensure that users know if there is a bullet in the chamber.

Smith v. Bryco

Seeking Justice for Unintentional Shooting of 13-year-old

Brady is seeking to hold a gun manufacturer accountable for not including a reasonable safety feature that would have prevented the unintentional shooting of a 13-year old boy.

Gustafson v. Springfield Armory

First Suit in MA Against Online Gun Retailer

Brady puts a dent in the formerly Teflon-coated internet gun industry, filing a case on behalf of injured police officer.

Stokinger v. Armslist

Deerfield Park

Brady assist in defending the village of Deerfield ban on assault weapons and high capacity magazines against challenge by a gun rights group.

SCOTUS Amicus Filed to Keep Firearms from Domestic Abusers

Brady filed an Amicus brief on behalf of the government extending the Gun Control’s Act of 1968’s prohibition on the possession of firearms to persons convicted of “a misdemeanor crime of domestic violence.”

United States v. Hayes

SCOTUS Amicus Filed Defending Firearms Ban for Domestic Violence Misdemeanors

Filed an Amicus brief to uphold the ban on domestic abusers possession of firearms.

United States v. Castleman

Amicus Brief in US Supreme Court to protect victims of domestic violence

Filed another Amicus in support of the ban on the possession of firearms by domestic violence abusers.

Voisine v. United States

Types of Gun Violence

Amicus Brief Challenges the Charleston Loophole

Following the devastating Charleston church shooting Brady filed an amicus brief before the 4th Circuit Court of Appeals seeking to close a loophole that allowed the shooting to obtain the firearm used in the shooting.

Sanders v. US

Effects of Gun Violence

Court Decides Citizen Have Right Not to be Armed

Struck down an unconstitutional city ordinance that required every household to own a firearm.

Nelson, GA

Emerging Dangers

Fighting Unregulated Make-Your-Own-Guns

Holding the State Department accountable for their dangerous decision to allow the blueprints of 3-D guns to be uploaded to the internet.

Brady v. State Department

Government Inaction in Regulating Gun Industry Exposed

Uncovered government documents exposing a NRA influence and lack of oversight against the gun industry.

Turk Memo

Types of Gun Violence

Pittsburgh Police Fight to Trace Crime Guns

Brady assists the city of Pittsburgh in protecting its ordinance to ensure crime guns can be adequately traced and that police can investigate firearms stolen from law-abiding gun owners.

Pittsburgh v. NRA

Defending Chicago Suburb’s Assault Weapon Ban

Brady assist in defending the village of Deerfield ban on assault weapons and high capacity magazines against challenge by a gun rights group.

Guns Save Lives v. Deerfield Park

Types of Gun Violence

Boston v. Smith & Wesson

In the early 2000s, Boston experienced a significant increase in violence perpetrated with firearms. Boston, with the help of Brady, began litigation against the gun industry to address this gun violence problem.

Landmark Settlement with Smith & Wesson and Clinton Administration

Landmark settlement between major gun manufacturer, paved by litigation.

Smith & Wesson Settlement

Types of Gun Violence

Cities Seek Accountability Throughout 90’s

In the late 1990s, lawsuits spearheaded by Brady on behalf of over 30 major cities nationwide exposed the role of the gun industry in supplying the criminal gun market and won several landmark court decisions

City Cases

Types of Gun Violence

Amicus Brief in Supreme Court Promotes Justice for Teen Killed by CBP

Brady filed an amicus brief to support the family of an unarmed fifteen-year-old boy who was shot and killed by a rogue CBP officer. The boy's parents are seeking to hold the officer who shot their son accountable and the Supreme Court will consider whether or not the courts can recognize their claim.

Hernandez v. Mesa

Effects of Gun Violence

Brady, Co-Council Torgenson Law Files Suit Against Glock Inc on Behalf of Paralyzed Victim

Travieso v. Glock Inc. and Glock Ges.m.b.H

Goldstein v Earnest

Brady Legal files a lawsuit on behalf of the victims and survivors of the Chabad of Poway Synagogue shooting against the manufacturer, Smith & Wesson, and seller of the gun.

Goldstein v Earnest

McFadyden v Ghost Gunner Inc.

Brady Legal brings the nation's first two civil lawsuits by victims of gun violence against the ghost gun industry.

Mayor & City Council of Baltimore v. Polymer80, Inc. and Hanover Armory, LLC, C.A.

Matthew Mueller and Mary Mueller v. Oxford Community School District and Acme Shooting Goods, LLC

Towner v. Century Arms LLC

Green v. Kyung Chang Industry USA, Inc.