Richard Bannerman v. Mountain State Pawn, Inc

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00046-JPB Copies to all parties and the district court/agency. [998619431].. [10-2397]

Appeal: 10-2397

Document: 18

Date Filed: 06/27/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-2397

RICHARD BANNERMAN; TRICIA BANNERMAN; JESSE BRYAN; PAMELA
BRYAN; SHAWN FOSTER; MELISSA FOSTER; WILLIAM GARDNER;
SHELLIE GARDNER,
Plaintiffs - Appellants,
v.
MOUNTAIN
STATE
PAWN,
INCORPORATED,
d/b/a
Famous
Pawnbrokers/Jewelry & Loan, a West Virginia corporation,
Defendant - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:10-cv-00046-JPB)

Submitted:

June 10, 2011

Decided:

June 27, 2011

Before MOTZ, GREGORY, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Paul G. Taylor, LAW OFFICES OF PAUL G. TAYLOR, PLLC,
Martinsburg, West Virginia, for Appellants.
Michael D.
Lorensen, Jared M. Adams, BOWLES, RICE, MCDAVID, GRAFF & LOVE
PLLC, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-2397

Document: 18

Date Filed: 06/27/2011

Page: 2 of 2

PER CURIAM:
Appellants

Richard

and

Tricia

Bannerman,

Jesse

and

Pamela Bryan, Shawn and Melissa Foster, and William and Shellie
Gardner, husbands and wives, sued Mountain State Pawn, Inc.,
d/b/a Famous Pawnbrokers/Jewelry & Loan (“Mountain State”), for
injuries the men sustained during a shooting that occurred at
the Quality Inn and Conference Center in Jefferson County, West
Virginia.

The shooter, a convicted felon, had purchased the

pistol at issue from Mountain State, and Appellants alleged that
the illegal sale of a firearm to a convicted felon proximately
caused their injuries.
As noted by the district court, Appellants’ action was
barred by the statute of limitations.
Control

Act,

under

18

U.S.C.

Moreover, neither the Gun

§ 922(d)(1)

(2006),

nor

the

Protection of Lawful Commerce in Arms Act (“PLCAA”), 15 U.S.C.
§§ 7901 (2006) et. seq., provided Appellants with a civil cause
of action.
the

Accordingly, we affirm for the reasons as stated by

district

court

in

its

thorough

opinion

on

the

matter.

Bannerman v. Mountain State Pawn, Inc., No. 3:10-cv-00046-JPB
(N.D.W.

Va.

Nov.

5,

2010).

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.

AFFIRMED
2