A wrongful death lawsuit against Smith & Wesson, launched last year by the family of a victim in the July 4, 2022 Highland Park, Il., mass shooting can move forward, a Lake County judge has ruled.
But his decision brought a swift reaction from the Second Amendment Foundation, which called the ruling by Judge Jorge L. Ortiz “outrageous.”
According to published reports, the lawsuit was filed because S&W builds the M&P 15 Tactical Rifle, a modern semi-auto which was used in the shooting by Robert Crimo III, who pleaded guilty to 21 counts of first-degree murder and 48 counts of attempted murder, according to CBS News. Crimo’s father, Robert Crimo, Jr., also pleaded guilty to seven felony counts of “reckless conduct,” and spent 60 days in jail.
The Daily Herald is reporting that Judge Ortiz “partially denied a motion to dismiss the case by Smith & Wesson and let more than two dozen wrongful-death lawsuits to proceed.” Judge Ortiz also rejected motions to dismiss the case by Red Dot Arms and Bud’s Gun Shop, where the younger Crimo purchased the rifle.
SAF, in a statement to the press, criticized the decision, saying this sort of legal action is why Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) 20 years ago, during the George W. Bush administration.
“Smith & Wesson is no more responsible for the evil act committed by the Highland Park shooter than a car manufacturer would be if some drunk behind the wheel smashed into a school bus and caused a fatal crash,” said SAF founder and Executive Vice President Alan Gottlieb.
The law was passed following a rash of similar lawsuits filed against the firearms industry some 25 years ago by various municipalities around the country, with support from the gun control lobby.
“Smith & Wesson, like any number of other manufacturers in other industries, had absolutely no control over the criminal misuse of their product,” said SAF Executive Director Adam Kraut. “Allowing these types of lawsuits to proceed only invites further litigation against firearms manufacturers to drive them out of business through lawfare. While such an end result may be the desired effect by the anti-gun crowd, it would be detrimental to the exercise of Second Amendment rights and also national defense.”
According to CBS News, the lawsuit says S&W markets and sells the M&P 15 to younger people, which “constituted a negligent entrustment” and allegedly violates the Illinois consumer protection law.
“The argument today is essentially the same used almost 25 years ago,” SAF’s Gottlieb recalled. “They are accusing Smith & Wesson of marketing practices aimed at teens and younger people, in violation of Illinois consumer protection laws, which is nonsense. This legal action appears solely designed to cost the company millions of dollars in an attempt to drive it out of business. We’re aware the plaintiffs have been working with billionaire Michael Bloomberg’s Everytown for Gun Safety, which has previously supported lawsuits in an attempt to bankrupt the firearms industry, thus depriving consumers from purchasing firearms and exercising their rights under the Second Amendment.”
Bearing Arms.com is reporting that the families which brought the lawsuit “are working with Everytown for Gun Safety’s legal arm as well as two other law firms.”
