Hardy v. Chester Arms
A New Hampshire gun dealer sold a handgun to a purchaser who exhibited signs of erratic and dangerous behavior. The gun dealer ignored these warning signs and proceeded to sell the firearm. The purchaser then used the firearm to shoot and seriously injure two police officers. Brady joined a suit against the gun dealer for negligently transferring and entrusting a firearm to a dangerous individual, as well as the state’s Department of Safety for negligently omitting information in the background check system that would have disqualified the purchaser from possessing a firearm.
Chester Arms, a gun dealer in Derry, New Hampshire sold a gun to Ian McPherson. McPherson made two visits to Chester Arms to purchase a firearm. During his first encounter, on March 19, 2016, he entered the gun shop wearing a trench coat and latex gloves. The owner's daughter, who was working at the time, was concerned with MacPherson’s strange behavior and called the police to report a suspicious person. On April 1, 2016, MacPherson returned to Chester Arms and bought a firearm despite his unusual behavior and multiple red flags Chester Arms continued the transaction and transferred the gun to MacPherson.
On May 13th, 2016, while on duty as a member of the New Hampshire Police Department, Officers Ryan Hardy and Matthew O’Connor encountered Ian MacPherson as a suspect for robbery. During that encounter, the suspect opened fire on Officer Hardy and Officer O’Connor.
Brady joined a suit on behalf of Officer Ryan Hardy and Matthew O’Connor against the gun dealer, Chester Arms, and the New Hampshire Department of Safety, alleging that they negligently entrusted a firearm to a suspicious and dangerous person. The suit contends that Chester Arms carelessly sold to Ian MacPherson, despite the fact that he exhibited suspicious behavior. The suit also alleges that the New Hampshire Department of Safety failed to halt the transfer of a firearm by withholding concerning information and disqualifying criteria from the background check database. The case is currently in discovery.