The Second Amendment Foundation (SAF) strongly criticized a ruling Wednesday by Lake County, Illinois, Judge Jorge L. Ortiz, which allows a wrongful death lawsuit against Smith & Wesson to proceed in connection with the 2022 Highland Park mass shooting.
The lawsuit stems from the July 4, 2022, parade shooting in Highland Park, where Robert Crimo III killed seven people and injured dozens more.
Crimo has pleaded guilty and faces life in prison. His father also pleaded guilty to reckless conduct for signing his son’s firearm ownership application.
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SAF founder and Executive Vice President Alan M. Gottlieb called the ruling “outrageous,” arguing that it undermines the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law designed to shield firearms manufacturers from liability for criminal misuse of their products.
“Such legal actions are precisely why Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) back during the George W. Bush administration,” Gottlieb stated. “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.”
SAF Executive Director Adam Kraut echoed Gottlieb’s sentiments, emphasizing that manufacturers have no control over criminal misuse of their products. “Allowing these types of lawsuits to proceed only invites further litigation against firearms manufacturers to drive them out of business through lawfare,” Kraut said. “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.”
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The SAF argues that this lawsuit mirrors previous attempts by cities to hold firearms manufacturers liable for criminal acts, which were ultimately unsuccessful and costly. They contend that the plaintiffs’ accusations of Smith & Wesson targeting marketing towards teens are “nonsense” and that the lawsuit is designed to financially cripple the company.
Gottlieb also pointed out the involvement of Everytown for Gun Safety, a group backed by billionaire Michael Bloomberg, which has previously supported similar lawsuits.
“This legal action appears solely designed to cost the company millions of dollars in an attempt to drive it out of business,” Gottlieb said. “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.”
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