Gander Mountain : ACA Shootings Not Our Fault

By Lindsay Nielsen

April 4, 2011 Updated Apr 4, 2011 at 9:19 PM EDT

Binghamton, NY (WBNG Binghamton) - Two years after a gunman killed 13 people at the American Civic Association, a lawsuit is filed.

Samir Muhammad Al-Salihi is suing Gander Mountain, claiming its negligence was a factor in the death of his wife, Layla Khalil.

The lawsuit filed in State Supreme Court in Binghamton on Friday claims employees at Gander Mountain were aware Jiverly Wong was angry and mentally unstable.

Still, it says they sold him 4 handguns and ammunition between 2008 and 2009.

Ballistics reports show he used two guns to fire around 100 shots inside the ACA.

Wong legally possessed the guns, but the lawsuit claims prior to the rampage, employees at Gander Mountain in Johnson City had numerous disturbing interactions with Wong.

It alleges they were aware he was angry, aggressive and likely to use weapons in a manner that risked injury to himself or others.

In one case, it says an employee allegedly told Wong he would have to go to another salesperson because the employee found Wong to be too difficult to deal with.

The attorney says Layla Salman Khalil's husband and three children want to make people aware of the responsibility involved in selling firearms.

"If you are going to give someone a dangerous implement and if you know that that person can use that or will use that or is likely to use that against another person to cause physical harm than you're not allowed to do it," says Al-Salihi's Attorney, Kelly Fischer.

The lawsuit seeks a total of $3.75 million dollars in damages.

Gander Moutain says Fischer previously contacted the store demanding payment in exchange for its silence.

Fischer refutes the store's statement.

He says he did offer a settlement, and a gag order was discussed but never agreed upon.

Gander Mountain released a statement to Action News on the issue.

It says..."There was absolutely no warning of such unthinkable violence. Had there been any indication that this person was a threat to himself or others, he would not have been allowed to purchase firearms from Gander Mountain."

Gander Mountain also says Wong had been issued all of the required permits for firearms ownership by the county and had been subject to state and FBI background checks.