Minnesota
Suing Fleet Farm: How Minnesota pierced federal immunity for the gun industry
Suing Fleet Farm
New evidence videos obtained by the FOX 9 Investigators reveal how guns initially sold by Fleet Farm to illegal straw buyers repeatedly surfaced at crime scenes across the Twin Cities.
MINNEAPOLIS (FOX 9) – New evidence videos obtained by the FOX 9 Investigators reveal how guns initially sold by Fleet Farm to illegal straw buyers repeatedly surfaced at crime scenes across the Twin Cities.
Unrecovered firearms an ‘ongoing public safety threat’
Timeline:
Minnesota Attorney General Keith Ellison filed a civil lawsuit against Fleet Farm in 2022, one year after the mass shooting at the Truck Park Bar in St. Paul. A firearm initially sold by Fleet Farm was recovered at the scene and traced to convicted straw buyer Jerome Horton Jr.
“There were clear signs that we found that we believe that Fleet Farm should have known – and they sold them the gun anyway,” Attorney General Keith Ellison told the FOX 9 Investigators in a recent interview.
Fleet Farm has denied any wrongdoing and over the past three years, the company has repeatedly tried to get the state’s lawsuit thrown out, arguing it was shielded from liability by a federal law which generally insulates the gun industry from civil litigation.
Why you should care:
The FOX 9 Investigators tracked at least 46 guns that were sold by Fleet Farm stores in Minnesota to straw buyers – someone who illegally purchases a firearm for another individual, often on behalf of criminals.
Eight of those guns were recovered at various crime scenes across the Twin Cities, including from criminals on the streets of Minneapolis, to a loaded handgun found by a six-year-old boy, to the scene of a deadly mass shooting in St. Paul.
However, the vast majority of those 46 Fleet Farm guns have not been recovered. In September, federal Judge John Tunheim said those unrecovered firearms “pose an ongoing public safety threat to Minnesotans.”
The gun industry’s ‘unprecedented form of immunity’
Dig deeper:
Fleet Farm leaned on a federal shield law known as the Protection of Lawful Commerce in Arms Act – also known as PLCAA – in its attempts to get Minnesota’s lawsuit dismissed.
“The gun industry enjoys a pretty unprecedented form of immunity,” said Adam Skaggs, chief counsel for the Giffords Law Center. “The immunity law imposes hurdles, obstacles to being able to hold the gun companies accountable in court the way, for example, the opioid industry has been held accountable through civil litigation.”
The PLCAA can be traced back to when major cities like Chicago filed a wave of lawsuits against the gun industry in the 1990s.
“It was kind of the successor to big tobacco litigation,” said Indiana University law professor Jody Madeira.
What they’re saying:
Major gun companies like Colt Manufacturing called on Congress for help. They testified on Capitol Hill about having to defend themselves against “a multitude of lawsuits.”
“To blame Colt for the criminal misuse of firearms that are lawfully manufactured and sold is unjust,” said Colt Manufacturing Company’s Carlton Chen during a congressional hearing in 2003. “It is also threatening to our very existence.”
Gun rights advocates like Richard Pearson, who leads the Illinois State Rifle Association, said the federal immunity law was needed because of “frivolous lawsuit after frivolous lawsuit” that were trying to drain the money out of the gun companies.
Piercing the gun industry’s shield law
The backstory:
Congress passed the PLCAA with bipartisan support, but there were exceptions built into the law that have allowed cities and states – like Minnesota – to sue gun companies.
“They intended it to be a shield for lawful conduct, not for unlawful conduct,” Madeira said.
One of those exceptions includes when there are allegations of lawbreaking involving how firearms are marketed and sold.
In a 2023 ruling, a federal judge found Minnesota’s lawsuit was “not preempted” by PLCAA and could move forward.
A jury trial in federal court was scheduled for April 2026 until Fleet Farm agreed to settle the case for $1 million and agreed to reform the way the company sells and tracks gun sales across its stores.
“We condemn gun violence and remain committed to partnering with law enforcement and community leaders to help keep our communities safe,” Fleet Farm said in a statement after the settlement.
“I wanted to put the case in front of 12 Minnesotans and see what they thought, but you know, it is also responsible to settle cases when the offer is right,” Ellison said.
“What it does mean is if you’re selling guns in the State of Minnesota, you better obey the law – if I can show that you knew or should have known that you were selling to a trafficker, I’m suing you.”
What’s next: Minnesota also has a pending civil lawsuit against Glock – one of the largest gun manufacturers in the world. A trial in that case is tentatively scheduled for next year.
Minnesota
Vikings Have a Dubious Connection to the Dexter Lawrence Trade
Of the many terrible roster decisions Minnesota sports teams have made over the past 30 years, the worst of the bunch may have been trading Randy Moss to the Raiders for the No. 7 pick in the draft and linebacker Napoleon Harris.
Why are we bringing up a trade that happened 21 years ago? Because the New York Giants traded defensive tackle Dexter Lawrence to the Cincinnati Bengals for the No. 10 pick in this week’s NFL Draft. It was the first time a non-quarterback has been traded for a top-10 pick since the infamous Moss trade in 2005.
Minnesota traded Moss for the Raiders’ first-round pick, Harris, and a seventh-round pick on March 2, 2005. The Vikings used the No. 7 pick on wide receiver Troy Williamson, who never panned out in the NFL. He had 24 catches for 372 yards and two touchdowns as a rookie, 37 receptions for 457 yards and zero touchdowns in 2006, and just 18 catches for 240 yards and one touchdown in 2007.
Williams led the league with 11 dropped passes in 2006. Minnesota traded him to the Jacksonville Jaguars for a sixth-round pick after the 2007 season, where he played in 10 games over two seasons and totaled just eight catches for 64 yards. He was cut before the start of the 2010 season, and that was a wrap on the former South Carolina speedster’s NFL career.
Moss didn’t put up jaw-dropping numbers with the Raiders for two seasons, but he set an NFL record with 23 touchdown catches in 2007 with the New England Patriots. He caught 47 touchdowns in 48 regular-season games with the Patriots from 2007 to 2009.
Whether it was trading Moss to the Raiders, the Timberwolves sending Kevin Garnett to the Boston Celtics — or drafting Ricky Rubio AND Johnny Flynn over Steph Curry — or the Twins cutting David Ortiz and watching him become one of the greatest players in MLB history with the Boston Red Sox, Minnesota sports teams have a long history of making terrible decisions.
The Bengals, meanwhile, gave up the 10th overall pick for one of the best defensive tackles in the league. They’ll likely get great production from Lawrence, while the Giants are now under pressure to get the 10th pick right. New York also holds the No. 5 pick in Thursday’s first round of the draft.
By the way, the Vikings had two picks in the first round of the 2005 draft. After taking Williamson, they used the No. 18 pick on defensive end Erasmus James. He was just as much of a bust as Williams, playing in 23 games in three years with the Vikings. He had four sacks as a rookie, but injuries wiped out most of his 2006 and 2007 seasons before he was traded to Washington for a conditional seventh-round pick.
James was cut by Washington in December 2009, marking the end of his NFL career.
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Minnesota
Boldy, Eriksson Ek help Wild cruise past Stars in Game 1 of Western 1st Round | NHL.com
Kirill Kaprizov had a goal and two assists, and Ryan Hartman had a goal and an assist for the Wild, who are the No. 3 seed in the Central Division. Wallstedt made 27 saves in his Stanley Cup Playoff debut, and Zuccarello had three assists.
“I was definitely nervous,” said Wallstedt, a rookie. “I think it shows that it means something to you. I like a little bit of nerves. I think it’s something good. There were definitely some nerves throughout the day and then a little bit extra rolling into the game. But after the national anthem was over and the first couple pucks started coming, you’re good.
“I wanted to play and I felt like I have been going good. I was a little surprised (to get the start). But I was very excited as soon as I got the news. I just wanted to make sure I was ready today.”
Jason Robertson scored, and Jake Oettinger made 23 saves for the Stars, who are the No. 2 seed in the Central.
“We didn’t deserve to win,” Dallas forward Mikko Rantanen said. “I think two power-play goals for them, two a little-bit bounces for them where we had guys in the right spot. Just even keel. Playoffs are like this. Sometimes you lose a game, you can feel like you’re done. But that’s the mentality you need to have, you’ve got to reset and learn from mistakes.
“First 30 minutes, we didn’t win enough battles. They were just that little bit stronger in the battles and that’s why they were able to make us defend more than we want to. Just got to be stronger.”
Game 2 is here on Monday (9:30 p.m. ET; FDSNWI, FDSNNO, Victory+, ESPN, TVAS2, SN360).
“We prepped for a couple days coming into this one. Now, we will gather information from this game and continue to move forward,” Minnesota coach John Hynes said. “For me, it’s game to game and day to day. We want to continue to get better. We won and they [Dallas] lost. It’s not so much being satisfied where you’re at or that’s what it is. We need to continue to find ways to get better.”
Eriksson Ek gave the Wild a 1-0 lead at 5:35 of the first period on the power play. He scored on a one-timer from the left hash marks to finish a tic-tac-toe passing play with Zuccarello and Boldy, who found an open Eriksson Ek with a pass from the goal line.
“I think every team in the playoffs talks about not getting too high or too low. Just enjoy every day and each game and then we will go from there,” Eriksson Ek said. “I think we played pretty good today. The next game is a new game, so we just have to do it over and over every game. We know they are probably not the happiest with that game, so I am sure it’s going to be hard next game.”
Minnesota
ICE agent assault charge marks a ‘milestone’ for Minnesota prosecutors
Minnesota prosecutors charged a federal immigration agent with assault accusing him of involvement in a February road-rage incident.
Trump administration ends Minnesota immigration operation
Border Czar Tom Homan announced the end of Minnesota’s immigration operation after fatal shootings heightened tension and community backlash.
Minnesota prosecutors charged a federal immigration agent with assault, saying the agent was involved in a February road-rage incident during the Trump administration’s Operation Metro Surge.
Immigration and Customs Enforcement agent Gregory Donnell Morgan Jr., 35, faces two counts of second-degree assault with a dangerous weapon, according to April 16 Hennepin County court records. He has a nationwide warrant for his arrest.
On Feb. 5, prosecutors said Morgan allegedly drove illegally on the shoulder of a congested Minnesota highway in an unmarked SUV and pointed his weapon at two people in another car.
Morgan is the first agent charged in Operation Metro Surge, the controversial Minneapolis-area federal immigration operation that resulted in two American citizens fatally shot by federal officials, according to the Hennepin County Attorney’s Office.
The charges “reflect an important milestone in our efforts to seek accountability for the harms inflicted on our community during Operation Metro Surge,” Hennepin County Attorney Mary Moriarty said in an April 16 video statement.
Second-degree assault with a gun has a presumptive sentence of 36 months in prison if convicted, she said.
“Mr. Morgan’s conduct was extremely dangerous,” she said, adding his actions could have led to “another disastrous incident” in the community.
Neither ICE nor the Department of Homeland Security immediately responded to email requests for comment. A cell phone listed for Morgan, identified as a Maryland resident, didn’t immediately respond to a call or text message.
The incident came less than two weeks after two Customs and Border Protection officers shot and killed Alex Pretti, 37, during a protest in Minneapolis. Pretti would be the second American killed during Metro Surge after an ICE agent in early January fatally shot Renee Good, 37, while she drove her SUV in Minneapolis near an immigration operation.
Later in February, the Trump administration drew down Metro Surge, which officials called the largest immigration operation in modern American history.
Investigators said they interviewed Morgan, who identified himself as the driver. Morgan told investigators he and the other ICE employee were returning from a surveillance shift. Morgan said he feared for his life and others’ safety, so he pulled up alongside the vehicle and drew his Glock 19 firearm. He said he identified himself as police.
State investigators said neither Morgan nor the other ICE agent reported the incident to an ICE supervisor.
The April 16 warrant, signed by District Court Judge Paul Scoggin, said there was a “substantial likelihood” Morgan would fail to respond to a summons, and officials couldn’t locate him.
On April 18, Daniel Borgertpoepping, a spokesperson for the county attorney’s office, said there is no knowledge of Morgan being arrested yet.
Eduardo Cuevas is based in New York City. Reach him by email at emcuevas1@usatoday.com or on Signal at emcuevas.01.
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