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
Minnesota man arrested in WI for ‘numerous’ criminal sexual conduct charges against a child
A Minnesota man was arrested in Wisconsin on allegations of multiple criminal sexual conduct charges against a child.
Nathan Brase, 33, of Minnesota, was arrested in Medford, Wisconsin, on Thursday after an arrest warrant was issued. According to the Taylor County Sheriff’s Office, the warrant was issued following an Internet Crimes Against Children Task Force investigation by the Two Rivers Police Department
That investigation reportedly led to Brase facing what authorities say are “numerous” felony charges, including exposing his genitals to a child and grooming a child for sexual activity.
Brase is currently being housed in the Taylor County Jail, awaiting extradition.
Minnesota
Lynx rally with defense to down Golden State for 11th win in 12 games
Minnesota’s defense was huge in the fourth quarter Friday. And on a rare offensively challenging night, Olivia Miles came up big late in other ways.
The Lynx limited Golden State to just 13 points in the final frame and beat the Valkyries 81-75 in San Francisco.
Minnesota has won 11 of its past 12 games.
Golden State finished 4 of 22 from the field in the final 10 minutes, including an abysmal 2 of 13 from deep. Golden State went 12 for 40 from distance overall, a significant departure from its 36.9% mark entering the game, which was good for second-best in the association.
The Valkyries led by 12 late in the first half, but were outscored 16-3 by the Lynx around halftime and 40-29 in the final 20 minutes.
“You don’t get better when it comes easy. This was definitely a challenge for us. It just helps us to understand how to play as a team, how to handle those different moments, how to stay together,” said Nia Coffey, who led the Lynx with a season-high 22 points. “Things aren’t always going to go our way, so I think we made some good strides.”
Courtney Williams added 21 points, a season-high 12 rebounds and five assists. Playing with much enjoyment, she also blew some kisses to the crowd and made heart gestures with her hands.
“The got an amazing fan base, and they fan base not that nice,” she said smiling. “But I love it, because who don’t want to play in this type of environment?”
Kayla McBride added 17 points.
“We needed Courtney Williams and Mac to compete, compete, compete,” coach Cheryl Reeve said. “Courtney’s first five minutes were forgettable and then she played the remainder of the game exactly as we needed her to do. She provided the compete for us. The rookie needed her.”
That first-year player would be Miles, who scored just seven points on 1 of 10 shooting, the first time in her young career not reaching double digits. But Miles recorded a three-point play early in the fourth quarter and drained a pair of free throws with 15.4 seconds left for a 79-75 lead.
The star point guard then blocked a 3-point try by Cecilia Zandalasini at the other end before Ola Kosu iced the game with two free throws.
“Us and them are the two best defensive teams in the league, so what she saw was actual defense,” Reeve said. “She saw physicality, she saw aggressive trapping. … Liv needed a game like this. This was a tremendous growth point for her when things don’t go your way, how do you show up? What she showed is that she’ll show up on the defensive end with kind of a game-sealing block, rebounding the basketball, closing out with free throws. She didn’t quit. … Maybe her numbers weren’t gaudy, but the impact she had on the game still was tremendous.”
The Lynx (13-3), who open a home-and-home series with Washington Sunday at Target Center, made 21 of 23 free throws, including eight of nine in the fourth quarter. The Valkyries (10-6) made just three of eight in the fourth quarter and 11 of 17 overall.
Down by 12 with under a minute to play before the half, McBride scored on a cutting layup, and after a Golden State miss, made two free throws. She then forced a Golden State turnover that led to Coffey getting fouled on a 3-pointer with 0.2 seconds left. With all three free throws falling, the Lynx were only down 46-41 after two quarters.
Minnesota
Rare tick disease poses a danger in Minnesota lakes area
GULL LAKE, Minn. — Tick populations are moving
north
this season, and there’s been an increase in tick-bite-related emergency room visits, according to state health officials.
The deer tick — also known as the blacklegged tick — can carry not only Lyme disease and other pathogens, but also Powassan virus, a fairly recent discovery which has no treatment and can leave behind permanent neurological damage.
From 2008-2022, Cass and Itasca counties ranked highest for reported cases of Powassan — at six to seven cases each, according to the Minnesota Department of Health, with the west side of Gull Lake considered a prime spot for the disease. During that same time, Aitkin and Morrison counties had two to three reported cases, and Crow Wing County had one reported case.
Contributed / Minnesota Department of Health
Elizabeth Schiffman, supervisor of the Vector-borne Diseases Group at the Minnesota Department of Health, said this lakes area presents a whole host of risks, especially this time of year, thanks to early summer weather with the combination of tick season and increased outdoor traffic.
“Traditionally, we kind of say the end of May through about the middle of July is the highest-risk time of year for ticks and tick-borne diseases,” she said.
Schiffman said diagnostics for Powassan are tricky because by the time someone may feel symptomatic enough to seek treatment, they may have already had the virus pass through their system, and those who are symptomatic largely tend to have more generalized symptoms like fevers, headaches or muscle aches.
“We didn’t detect our first case in Minnesota until 2008, so it’s still relatively uncommon,” she said. “It’s also not one that’s regularly included in a lot of the tick-borne disease panels that most providers use from commercial laboratories, so diagnostics can be a bit more limited.”
Schiffman said the peak year for cases in Minnesota was 2024, with 14 cases. Last year there were eight. The diagnostic process comes after more obvious explanations have been ruled out, and usually involves some kind of serologic testing, or looking for antibodies. Polymerase Chain Reaction (PCR) testing is also available.
“The bacteria that causes Lyme disease is found in about one of three ticks,” Schiffman said. “And something like Powassan is found in just maybe, like, you know, a couple percent of ticks. It’s a much smaller, much smaller proportion of ticks that are infected.”
Matthew Aliota, a professor at the University of Minnesota Twin Cities in the College of Veterinary Science, studies arthropod viruses.
Contributed / U.S. National Park Service
“In the state overall, we think about 5% of ticks are positive,” he said, regarding the proportion of Powassan-carrying ticks.
Aliota said its relatively uncommon but can leave debilitating aftereffects.
“It’s a virus that can invade the central nervous system and go to your brain, with severe outcomes,” he said. “If you survive, you can have long-lasting impacts to kind of your overall functioning from a memory standpoint and from a cognitive standpoint.”
The virus ‘affected everything’
Teal Johannsen said her father, Jeffrey, was a hunter, builder and business owner when he caught Powassan near Gull Lake as an otherwise healthy and active outdoorsman. He died in 2023 at age 69.
“My dad was a very healthy, strong guy, and he pretty much was never sick until this happened, and then it was pretty much just a multi-system collapse for him,” Johannsen said. “The virus and the aftereffects of the virus just affected everything.”
Jeffrey suffered neurological consequences — more specifically, as Johannsen indicated doctors told her family,
encephalitis,
or swelling of the brain. She said her family worked tirelessly to get care that would alleviate his symptoms. They consulted neurologists, sleep experts and infectious disease doctors.
“He couldn’t eat, he couldn’t sleep, he slowly stopped being able to … he wouldn’t want to talk to anyone,” Johannsen said. “He had horrible, horrible anxiety, which was totally unusual for him. He had a really hard time leaving the house. He stopped being able to make eye contact with people. It just kind of slowly took over his ability to just function independently and be himself.”
The Johannsens were not unfamiliar with Minnesota wilderness, and certainly not Jeffrey. Johannsen said her father taught her tick safety, and she has early memories of him instructing her how to stay safe on the property.
“We would always go out in the woods together, and he taught me how to be careful for ticks, so it’s not like he was unaware of how to be out in the outdoors in Minnesota,” Johannsen said. “He knew how to watch out for ticks, but we had never heard of this, and we definitely didn’t know how devastating it could be.”
There is no treatment for the Powassan virus, so Johannsen said there’s a real emphasis to place on preventive measures like wearing long pants and close-toed shoes outdoors, as well as utilizing effective repellents. She and her mother, Susan Johannsen, are working to educate their family members who share their multi-residence Gull Lake area property, including purchasing the pesticide
Permethrin
for use on the grounds.
Schiffman said she usually refers people to the Environmental Protection Agency website for guidance on which repellents are most effective. Permethrin is one of the proven acting chemicals. When shopping in-store, Schiffman said there is usually an EPA registration indicator on the back of these products.
“It says EPA reg number, and then a little series of digits,” she said. “If it has that on the bottle, you know that repellent has been tested, you know it’s going to work the way it says it’s going to work if you’re using it according to the label direction. Some of them you need to reapply more often, like a sunscreen; some of them last a bit longer. So really, the quickest way I would say is to look for that EPA registration number on the label, and if you’ve got that, you’re on the right track.”
Johannsen said she’s also since learned not all ticks that can carry Powassan are full-grown.
“Not all ticks are like the visible ones that you see crawling around,” she said. “The nymph stages can be as tiny as a poppy seed, and they can also carry the virus and infect people; they’re able to break skin and cause infection that way.”
Johannsen said her father is very missed. He was a dedicated builder and loved his job so much that he often took it home, and to other people’s homes as well, given the nature of his work.
“He basically just always had jobs because people would spread the word of what a good job he did on their remodels or builds,” she said. “He was the kind of person that would walk into your house and do an assessment for free because he couldn’t help looking at all the little areas of improvement on your house.”
Johannsen said the property’s standing was evident of the real love and knowledge he possessed of his craft, as well as the level of care he operated with. He maintained the 100-year-old property with specialized needs for use by a lot of extended family. The Johannsens are slowly learning to pick up where he left off.
“He was the main property caretaker that was keeping the place running, because of his knowledge and skill set,” Johannsen said. “He could just basically build anything, fix anything, and so after he died, we’re kind of figuring out how to manage the property.”
Contributed / Lauren Bishop / CDC Division of Vector-Borne Diseases Rickettsial Zoonoses Branch
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