BINGHAMTON, N.Y. (AP) — A $3.75 million lawsuit against the company that allegedly sold gunman Jiverly Wong weapons and ammunition before his rampage at a Binghamton immigrant center that killed 13 people has been transferred from state to federal court.

The Press and Sun-Bulletin of Binghamton reports that Samir Muhammad Al-Salihi filed a suit in state court seeking payment from Gander Mountain Inc. for pain and suffering experienced by his wife, Layla Salman Khalil, who died in the April 2009 attack. He alleges that Gander Mountain ignored signs of Wong’s mental instability when he was a customer.

The Minnesota-based company last week requested that the case be moved to federal court, partially because of federal laws protecting firearms sales.

Gander has said the firearms in question were purchased legally.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (26)
  1. Feeling Randy says:

    You cant tell if someone is insane by looking at a person or just talking at a sales counter, This lawsuit is BS brought about by the anti gun nut jobs that are backing her.

    1. Grover says:

      You have as much proof of anti-gun group as Gander Mountain had of Wong’s mental stability

  2. JKB says:

    Now retailers have to be physciatrists too! When we look around us as ordinary citizens we sometimes misjudge anothers mentality, or emotional state. We are not professionals qualified to make such judgements. IF this shooter showed signs at the time of the sale that the sales associate couldnt miss, would he have the right to deny the sale, without the party filing a discrimination suit? If like most sellers of weapons, Gander Mountain followed the law by filing the appropriate Identification/records check, the sales associate fullfilled his duty. It seems like suing has become a national sickness to get money for free, always blaming others instead of taking responsibility for their own actions, or uncontrolled circumstances by others.

  3. q says:

    Your only getting a very small part of the story WCCO only will report on what they want to, so the small minded obama zombies will be happy!

    1. Pete says:

      Can you fill in the parts that WCCO left out? The whole story needs to be told, please, it is up to you if you know the “rest of the story” to share it with those of us who do not.

    2. Orville says:

      It is the same wire feed as the Wall Street Journal published. that is so small mined q’s can be happy.

  4. Bob says:

    Somebody had to get sued, its the American way….. Its BS

  5. kevin says:

    The only ones insane here is Samir and his lawyers. Anything to make a buck.

  6. Matt says:

    I’m not a big fan of how a lot of things are done in England, but we need a looser pays civil statute in this country. Anyone who has the audacity to bring a suit against Gander Mountain just because they have the financial wherewithal to pay out should be obligated to pick up the tab when they loose.

    In this case Gander Mountain has already lost even though I think almost everyone would agree they did nothing wrong.

    Stop the ridiculous second party lawsuits in the country and you would see a lot more wealth spread around, with exception of into trial lawyers pockets.

  7. Todd says:

    Yup, BS. I don’t care for the sale of 30 round clips and AK47s (who really needs these?) but I do own guns. How can Gander Mt be at fault? If they didn’t sell it to him the NRA would be sueing Gander Mt for denying him his rights. I have no idea how many rounds and what they sold him (might be suspicious if he bought 2000 rounds of ammo or 10 assualt rifles at a time) but still the suit should be thrown out and the lawyer should have to pay all court costs.

    1. Lisa Anderson says:

      You’ve got it exactly right, couldn’t agree with you more. Guns don’t kill people, people kill people. Owning a gun is a constitutional right in this country. If Gander Mountain followed all the rules when they sold the whacko the gun, which I’m going to assume they did because I can’t imagine they wouldn’t, you can’t lay the blame on them. Just another frivolous suit to tie up the courts time and cost the taxpayers more money.

  8. Victim Du Jour says:

    This is the lawsuit abuse culture driving companies and jobs out of the State of Minnesota.

    1. Nigel says:

      The plaintiff was in New York. If the suit was filed here it would be because the corporate headquarters was here and no other reason. Why I say if is because the wire feed did not say where the lawsuit was filed. It is news here because Gander Mountain is headquartered here Why let the absence of fact stop a rant?

  9. noguns says:

    Guns don’t kill people, gun dealer do!

    1. Ron says:

      So you think Gander Mountain should be brought up on Murder charges?

  10. Victim Du Jour says:

    Lawsuit Junkies think Gander Mountain has to be in the Mental Health business.

    The lawyer and Judges should Lose their licenses to practice law.

  11. Ann says:

    Let’s sue Jiverly Wong’s mother and father for ever having him…

    sue Gander that’s stupid as if…. it’s as stupid as suing his parents

  12. Random Anonymous Blackmail says:

    So all sales associates at Gander Mountain should have a background in behavioral sciences, this is stupid litigation.

  13. Victim Du Jour says:

    Mental Health is not science, it doesn’t follow the rules of science at all, it’s based on opinions.

    Even a Psychologist does not have the ability to predict the future.

    Only a court of law following due process can make a criminal record on the people. It’s not Gander Mountains job to strip rights and privledges from the people.

    1. Max says:

      @ Victim
      Mental illness is a science. Like every other science it is based on observation. Perhaps you problem with mental health is you were given a diagnosis you disagree with. Most likely Axis 2.
      Meteorology is a science and they can’t predict the future either.

    2. Max says:

      @ victim
      Meteorologists are not right on a long range forecast (the future). They are considered a science. Perhaps your problem with the mental health field is the diagnosis you were given. Perhaps an Axix2 ?

  14. paul says:

    Hey Todd, who are you to decide who really needs what in terms of our Second Amendment rights? All anyone NEEDS is a job, three square meals, and a roof over their heads. It’s called liberty and the pursuit of happiness, not please let me have just what I need. People who qualify their rights by NEED are either fools or weaklings trying to appease by throwing a bone of political correctness. You don’t WANT a high capacity mag or AK? Fine. Make that decision for yourself, not me. Unfortunately the battle for liberty never ends as there are always ignorant cowards who are willing to abdicate their rights and responsibilities to the government in exchange for an illusion of security.

  15. gander sucks, but don't sue says:

    we need to sue gander for its ridiculous prices… that’s the only crime they’re committing….

  16. John says:

    Give Paul a gold star! The dude hit it square on the head. Just because you disagree with something doesn’t give you the right to make decisions for others! No one should ever abdicate thier rights and responsibilities to the government in exchange for an illusion of security. Thanks Paul!

  17. lib says:

    I wonder who Samir MUHAMMAD Al-Salihi would sue if a store refuses to sell him a weapon because he looks like a terrorist?

  18. Isnt It Ironic says:

    First, this is a television news website, it is hear for the headlines and some additional information. You want details, who filed the lawsuit, what is in question, what are the details of the lawsuit, then read the damn newspaper and/or request a copy of the police report.

    Secondly, they did provide the Whole Story, which was that the case is being moved from state court to federal court. THATS THE NEWS, not that there is a lawsuit – old news – or that there was a killing – old news.

    Comprehension People!

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