Highland Park just announced a lawsuit against Smith and Wesson

[South Side 27]

On 9/28/2022 at 6:49 PM, Rilo said:

Transferring a “assault weapon” to a highland park resident.

I think the shooter lived with his father in Highwood and probably used that address on his FOID. His mother lived in Highland Park which bans so called "assault weapons"  I don't think any reputable gun dealer either online or local FFL would sell/transfer a rifle to anyone who lives in a community who bans them. Buds Guns online site has clear guidance on what is restricted in Cook County and other cities/municipalities in Illinois. 

[South Side 27]

For the record it looks like the city of Highwood has its own assault weapons ban. It is in their municipal code online. Very similar to Highland Park's and I assume it was passed back in 2013 when the Concealed Carry act was passed. Highwood is a city of 5000 people and probably wasn't on the radar as town that has an AWB ban. I live in Illinois and I had never heard about it. It will be interesting to see how this turns out. 

[Jeffrey]

Could the city bans currently in place withhold a SCOTUS review? 

[Black Flag]

On 9/29/2022 at 10:02 AM, South Side 27 said:

Highwood is a city of 5000 people 

Does it have home rule?

[Euler]

On 9/29/2022 at 11:02 AM, South Side 27 said:

For the record it looks like the city of Highwood has its own assault weapons ban. It is in their municipal code online. Very similar to Highland Park's and I assume it was passed back in 2013 when the Concealed Carry act was passed. ...

 

ISP FSB

ISP FSB said:

Public Act 92-0238, Illinois Compiled Statutes (430 ILCS 65/13.3), approved on August 3, 2001, amends the Firearm Owner's Identification Card Act. This amendment requires that within 6 months after the effective date, every municipality must submit to the Illinois State Police a copy of every ordinance adopted by the municipality that regulates the acquisition, possession, or transfer of firearms within the municipality and must submit, as soon as possible after adoption, every such ordinance adopted after the initial submission. ...

 

Highwood isn't on the list.

[South Side 27]

On 9/29/2022 at 3:25 PM, Euler said:

 

ISP FSB

 

Highwood isn't on the list.

 

Interesting. Maybe they just tried to back door it and add to their code anyway: 

 

 

 

1. IL
2. Highwood
3. Highwood, IL Code of Ordinances
4. CHAPTER 7 ASSAULT WEAPONS BAN

 

 

 

 

CHAPTER 7
ASSAULT WEAPONS BAN

 

SECTION:

 

6-7-1: Definitions

 

6-7-2: Assault Weapons And Large Capacity Magazines; Possession And Sale Prohibited; Exceptions

 

6-7-3: Destruction Of Weapons Confiscated

 

6-7-1: DEFINITIONS:

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

ASSAULT WEAPON:

 

   A.   A semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:

 

      1.   Only a pistol grip without a stock attached;

 

      2.   Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

 

      3.   A folding, telescoping or thumbhole stock;

 

      4.   A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel; or

 

      5.   A muzzle brake or muzzle compensator.

 

   B.   A semiautomatic pistol or any semiautomatic rifle that has a fixed magazine, that has the capacity to accept more than ten (10) rounds of ammunition.

 

   C.   A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

 

      1.   Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

 

      2.   A folding, telescoping or thumbhole stock;

 

      3.   A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel;

 

      4.   A muzzle brake or muzzle compensator; or

 

      5.   The capacity to accept a detachable magazine at some location outside of the pistol grip.

 

   D.   A semiautomatic shotgun that has one or more of the following:

 

      1.   Only a pistol grip without a stock attached;

 

      2.   Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

 

      3.   A folding, telescoping or thumbhole stock;

 

      4.   A fixed magazine capacity in excess of five (5) rounds; or

 

      5.   An ability to accept a detachable magazine.

 

   E.   Any shotgun with a revolving cylinder.

 

   F.   Conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.

 

   G.   Shall include, but not be limited to, the assault weapons models identified as follows:

 

      1.   The following rifles or copies or duplicates thereof:

 

         a.   AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM 90, NHM 91, SA 85, SA 93, VEPR;

 

         b.   AR-10;

 

         c.   AR-15, Bushmaster XM15, ArmaLite M15, or Olympic Arms PCR;

 

         d.   AR70;

 

         e.   Calico liberty;

 

         f.   Dragunov SVD sniper rifle or Dragunov SVU;

 

         g.   Fabrique National FN/FAL, FN/LAR, or FNC;

 

         h.   Hi-Point carbine;

 

         i.   HK-91, HK-93, HK-94, or HK-PSG-1;

 

         j.   Kel-Tec sub rifle;

 

         k.   Saiga;

 

         l.   SAR-8, SAR-4800;

 

         m.   SKS with detachable magazine;

 

         n.   SLG 95;

 

         o.   SLR 95 or 96;

 

         p.   Steyr AUG;

 

         q.   Sturm, Ruger Mini-14;

 

         r.   Tavor;

 

         s.   Thompson 1927, Thompson M1, or Thompson 1927 Commando; or

 

         t.   Uzi, galil and uzi sporter, galil sporter, or galil sniper rifle (galatz).

 

      2.   The following pistols or copies or duplicates thereof:

 

         a.   Calico M-110;

 

         b.   MAC-10, MAC-11, or MPA3;

 

         c.   Olympic Arms OA;

 

         d.   TEC-9, TEC-DC9, TEC-22 scorpion, or AB-10; or

 

         e.   Uzi.

 

      3.   The following shotguns or copies or duplicates thereof:

 

         a.   Armscor 30 BG;

 

         b.   SPAS 12 or LAW 12;

 

         c.   Striker 12; or

 

         d.   Streetsweeper.

 

   "Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of "antique firearm", stated in this section, or weapons designed for Olympic target shooting events.

 

DETACHABLE MAGAZINE: Any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.

 

LARGE CAPACITY MAGAZINE: Any ammunition feeding device with the capacity to accept more than ten (10) rounds, but shall not be construed to include the following:

 

   A.   A feeding device that has been permanently altered so that it cannot accommodate more than ten (10) rounds.

 

   B.   A .22 caliber tube ammunition feeding device.

 

   C.   A tubular magazine that is contained in a lever action firearm.

 

MUZZLE BRAKE: A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.

 

MUZZLE COMPENSATOR: A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. (Ord. 13-O-42, 6-18-2013)

 

 

6-7-2: ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES; POSSESSION AND SALE PROHIBITED; EXCEPTIONS:

 

   A.   No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine. This subsection shall not apply to:

 

      1.   The sale or transfer to, or possession by any officer, agent, or employee of the city of Highwood or any other municipality or state or of the United States, members of the armed forces of the United States; or the organized militia of this or any other state; or peace officers to the extent that any such person named in this subsection is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine and does so while acting within the scope of his or her duties;

 

      2.   Transportation of assault weapons or large capacity magazine if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person.

 

   B.   Any assault weapon or large capacity magazine possessed, sold or transferred in violation of subsection A of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of section 6-7-3 of this chapter.

 

   C.   Any person found in violation of this section shall be sentenced to not more than six (6) months' imprisonment or fined not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or both.

 

   D.   Any person who, prior to the effective date hereof, was legally in possession of an assault weapon or large capacity magazine prohibited by this section shall have ninety (90) days from the effective date hereof to do any of the following without being subject to prosecution hereunder:

 

      1.   To remove the assault weapon or large capacity magazine from within the limits of the city of Highwood; or

 

      2.   To modify the assault weapon or large capacity magazine either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon or large capacity magazine; or

 

      3.   To surrender the assault weapon or large capacity magazine to the chief of police or his designee for disposal as provided below. (Ord. 13-O-42, 6-18-2013)

 

 

6-7-3: DESTRUCTION OF WEAPONS CONFISCATED:

 

   A.   Whenever any firearm or large capacity magazine is surrendered or confiscated pursuant to the terms of this chapter, the chief of police shall ascertain whether such firearm is needed as evidence in any matter.

 

   B.   If such firearm or large capacity magazine is not required for evidence it shall be destroyed at the direction of the chief of police. A record of the date and method of destruction and inventory of the firearm or large capacity magazine so destroyed shall be maintained. (Ord. 13-O-42, 6-18-2013)

 

 

 

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any o

[Lou]

On 9/29/2022 at 3:25 PM, Euler said:

 

ISP FSB

 

Highwood isn't on the list.

As is becoming more and more common, Illinois passes more and more laws so fast that many municipalities cannot keep up. 
They also do not write in a penalty for noncompliance. That ISP pages is rarely updated. 

[steveTA84]

Yesterday, a federal judge dismissed Mexico’s lawsuit (Brady Campaign was co-council) against US gun manufacturers, including S&W, that used many of the same BS arguments about marketing. I personally  hope when the HP lawsuit is struck down that S&W goes after the plaintiffs and their lawyers. 
 

https://thereload.com/federal-court-tosses-mexicos-suit-against-u-s-gun-makers/

U.S. gun manufacturers and wholesalers cannot be held liable for criminal gun trafficking into Mexico.

That’s according to a Massachusetts federal court judge who dismissed the Mexican government’s suit against Smith & Wesson, Sturm Ruger & Co, Glock, Inc., and others late Friday. In his dismissal order, U.S. District Judge F. Dennis Saylor said the federal Protection of Lawful Commerce in Arms Act (PLCAA) shielded the companies from liability for the harms alleged by Mexico.

“Unfortunately for the government of Mexico, all of its claims are either barred by federal law or fail for other reasons,” Saylor wrote in his opinion. “The PLCAA unequivocally bars lawsuits seeking to hold gun manufacturers responsible for the acts of individuals using guns for their intended purpose. And while the statute contains several narrow exceptions, none are applicable here.”

The dismissal deals a major blow to the ongoing efforts by gun-control advocates to undermine the PLCAA. The statute has long been a target for the groups, who claim it unfairly shields U.S. gun makers from liability for the harm caused by gun violence. Gun-control activists in the U.S. hoped the Mexico suit would serve as a potent vehicle for piercing the statute’s protections. Jonathan Lowy, vice president of the litigation arm of the Brady Campaign, even joined as co-counsel for Mexico’s efforts.

Brady did not respond to a request for comment.

[Euler]

On 10/1/2022 at 2:03 PM, steveTA84 said:

... many of the same BS arguments about marketing. ...

 

Maybe firearm manufacturers should advertise that their products resist the development of wrinkles and cellulite, improve skin and muscle tone, boost immune function, cleanse the body of harmful toxins, contain no genetically-modified organisms, were produced without the use of nicotinic insecticides or child labor, and are hypo-allergenic, cruelty-free, alcohol-free, sodium-free, sugar-free, fat-free, gluten-free, dolphin-safe, and anti-bacterial.

[John Q Public]

I'm the CEO of S&W and I'm trans...   Game over.

[Lou]

On 10/1/2022 at 3:44 PM, John Q Public said:

I'm the CEO of S&W and I'm trans...   Game over.

Thread winner. 

[Euler]

There are 10 lawsuits, all filed in Lake County.

 

Roberts v Smith & Wesson - 22LA487

Sundheim v Smith & Wesson - 22LA488

Straus v Smith & Wesson - 22LA489

Rebollar Sedano v Smith & Wesson - 22LA490

Bennett v Smith & Wesson - 22LA491

Rodriguez v Smith & Wesson - 22LA492

Tenorio v Smith & Wesson - 22LA493

Toledo v Smith & Wesson - 22LA495

Zeifert v Smith & Wesson - 22LA496

Turnipseed v Smith & Wesson - 22LA497

[OneGun]

The plaintiffs will have an uphill battle to prove that Buds knowingly sold a gun to someone that was not supposed to have one based on his residence, even though Crimo III presented a valid FOID card.  Same goes for the local FFL.  The FOID card is central to the state's approval process.  Purchasing is not the same as possession.  

 

As for S&W marketing, i expect the lawsuit will go the way of the McDonald's made me fat lawsuits.  McD's creates fattening burgers that people like.  So, obesity is McD's fault.  Those lawsuits got tossed.  People have the choice not to purchase.  When will the Antis figure out that people are not drones and that they can choose to own a firearm and choose not to own a firearm?

[RECarry]

If marketing can create a mass shooter, then Highland Park should be sued for marketing themselves as a Gun Free Zone that, as we know, is like catnip for whack jobs who intend to do harm.

[steveTA84]

On 11/21/2022 at 6:01 PM, OneGun said:

When will the Antis figure out that people are not drones and that they can choose to own a firearm and choose not to own a firearm?

You’re talking about Democrats, and a fair majority of them don’t know a thing about firearms and don’t care to. All about “muh feelings”, which includes fear of metal and polymer 

[Flynn]

On 11/21/2022 at 6:01 PM, OneGun said:

The plaintiffs will have an uphill battle to prove that Buds knowingly sold a gun to someone that was not supposed to have one based on his residence, even though Crimo III presented a valid FOID card.  Same goes for the local FFL.  The FOID card is central to the state's approval process.  Purchasing is not the same as possession.  

 

Over and above all that, wouldn't it be ironic if Bud's (or anyone) challenged the overall constitutionally of the ban and prevailed under the premise that that ban is/was unconstitutional and thus there can be no liability found for the lawful sale.

[TRJ]

On 11/21/2022 at 7:01 PM, OneGun said:

The plaintiffs will have an uphill battle to prove that Buds knowingly sold a gun to someone that was not supposed to have one based on his residence, even though Crimo III presented a valid FOID card.  Same goes for the local FFL.  The FOID card is central to the state's approval process.  Purchasing is not the same as possession.  

 

 

I tried to argue this elsewhere and was reminded that the ban outlaws purchase as well.

 

6-7-2: ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES; POSSESSION AND SALE PROHIBITED; EXCEPTIONS:

 

   A.   No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine.

[Flynn]

On 11/22/2022 at 7:31 PM, TRJ said:

I tried to argue this elsewhere and was reminded that the ban outlaws purchase as well.

 

6-7-2: ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES; POSSESSION AND SALE PROHIBITED; EXCEPTIONS:

 

   A.   No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine.

 

Local ordinance jurisdiction ends at the local municipality border bounderies, one could argue the local FFL should not have transfered it, but it could be argued that where they resided no law was broken by transfering it and the fact that they took it back to Highland Park was a seperate act removed from the transfer...  I would guess that there is a lot of case law supporting this or else places like fireworks stands on state borders, liquor stores outside dry towns and what not could be instantly sued into non-existance for selling to out of state people, yet they are not because that sale does not violate the actual local law where the sale took place...

[lilguy]

Do MSRs need to be advertised in such a way? We recoil at the term used to reference these firearms “Assault Weapons”Why do they need to be marketed suggesting the connection to military use. That is what the victims are latching onto when filing their legal actions. The folks in their marketing departments are gonna need to get smarter if this type of civil action takes hold. I’ve been worried about this for a long time.

 

[soundguy]

On 11/30/2022 at 8:29 AM, lilguy said:

Why do they need to be marketed suggesting the connection to military use.

 

They are Military Rifle look-a likes.

They look "scary"... like they mean business.

The connection to military use is what sells these rifles.

 

If they sold them only in a Ranch Rifle configuration, and you had to build out your "just like the military" rifle with aftermarket parts, I think they would sell far fewer rifles, and none to lazy folks who just wanna have a military style rifle because it looks like a military rifle. Kinda like who wants to cook dinner when you can order Uber Eats.

 

Personally, I would prefer the Ranch Rifle version and cooking.

 

Cheers,

Tim

 

*I'm older... we had books, TV and movie theaters. That's it.

I still want lever action rifles, revolvers and WWll/Cold War Spy era pistols to play with.

[Illinois Sucks]

On 11/30/2022 at 8:29 AM, lilguy said:

Do MSRs need to be advertised in such a way? We recoil at the term used to reference these firearms “Assault Weapons”Why do they need to be marketed suggesting the connection to military use. That is what the victims are latching onto when filing their legal actions. The folks in their marketing departments are gonna need to get smarter if this type of civil action takes hold. I’ve been worried about this for a long time.

 

Honestly, who cares?  They SHOULD be advertised as the best weapons to DEFEND yourself with.  After all, this is what the second amendment is all about.  Stop letting people shame you into thinking you are bad for having a "weapon of war" when that is EXACTLY what it is SUPPOSED to be.  2A is NOT about hunting.

[Jeffrey]

With all the fake bs in advertisements today, gun ad's are no different.  

[mab22]

On 11/21/2022 at 6:32 PM, RECarry said:

If marketing can create a mass shooter, then Highland Park should be sued for marketing themselves as a Gun Free Zone that, as we know, is like catnip for whack jobs who intend to do harm.

Perhaps Highland Park should be sued for allowing, or not preventing the shooting by stating/claiming they are a gun free zone, and therefor things like this won’t happen. Sounds like false advertising. 

 

[mab22]

On 11/21/2022 at 6:01 PM, OneGun said:

The plaintiffs will have an uphill battle to prove that Buds knowingly sold a gun to someone that was not supposed to have one based on his residence, even though Crimo III presented a valid FOID card.  Same goes for the local FFL.  The FOID card is central to the state's approval process.  Purchasing is not the same as possession.  

 

As for S&W marketing, i expect the lawsuit will go the way of the McDonald's made me fat lawsuits.  McD's creates fattening burgers that people like.  So, obesity is McD's fault.  Those lawsuits got tossed.  People have the choice not to purchase.  When will the Antis figure out that people are not drones and that they can choose to own a firearm and choose not to own a firearm?

But how much will it cost to defend the onslaught of all the cases?
 

[Oscar iribe]

They don’t have to band them just don’t give them to people that shouldn’t have them..

[Oscar iribe]

On 9/28/2022 at 8:40 PM, mauserme said:

It isn't a matter of ignorance.  It's a matter of understanding that Highland Park ordinance doesn't apply anywhere outside of Highland Park.

 

As for everyone knowing it was woefully stupid, following the law without projecting it to areas where it has no application is not the least bit stupid.  

Facts…

[Oscar iribe]

On 10/1/2022 at 8:09 PM, Lou said:

Thread winner. 

Thread winner for sure.

[RECarry]

On 11/30/2022 at 9:56 AM, mab22 said:

Perhaps Highland Park should be sued for allowing, or not preventing the shooting by stating/claiming they are a gun free zone, and therefor things like this won’t happen. Sounds like false advertising. 

 

 

Beyond false advertising, Gun Free Zones are like bait to criminals and mass murderers.  And THAT should be criminal given that we have enumerated rights.