Judge rules lawsuit against gun manufacturer, dealers linked to Highland Park mass shooting can proceed

A lawsuit against firearm manufacturer Smith & Wesson and two other gun dealers linked to the July Fourth 2022 mass shooting in Highland Park will be allowed to move forward, a Lake County judge ruled Tuesday.

Judge Jorge Ortiz denied Smith & Wesson’s motions to dismiss counts of unfair business practices and negligence but granted a motion to dismiss allegations around deceptive business practices in a 34-page decision.

Ortiz also denied a motion to dismiss filed by the other two gun dealers named in the case, Red Dot Arms in Lake Villa and Budsgunshop.com. Lawyers and advocates hailed the decision as a “major victory” for the plaintiffs in the case, who were injured or lost family members in the shooting.

Survivors of the shooting and its victims first accused Smith & Wesson of “negligent and unlawful marketing” targeting people such as Robert Crimo III in September 2022. The lawsuits, now consolidated into one case, also alleged that Red Dot Arms and Bud’s Gun Shop in Kentucky both facilitated Crimo’s purchase of M&P 15, an AR-15-style weapon produced by the gunmaker. Crimo pleaded guilty to carrying out the shooting last month with that weapon.

“Today’s historic decision sends a clear message that the gun industry does not have carte blanche to engage in irresponsible marketing of assault rifles, without any concern for the obvious dangers of such marketing,” a group of attorneys representing the plaintiffs said in a statement.

Attorneys for Smith & Wesson didn’t respond to an emailed request for comment Tuesday afternoon.

Crimo, now 24, pleaded guilty to the criminal charges against him on March 3 in an about-face that relieved survivors of the shooting and their families, who had been preparing to recount their experiences of that day in court.

Crimo’s father, Robert Crimo Jr., pleaded guilty in 2023 to seven counts of misdemeanor reckless conduct for sponsoring his son’s firearm license application. Crimo Jr. was ordered to spend 60 days in Lake County Jail but was freed early for good behavior.

Another flurry of lawsuits was still pending against the Illinois State Police for approving Crimo’s firearm owner’s identification card application despite concerns he was a danger to public safety.

The civil case is next set for a hearing May 1. Crimo is set to be sentenced April 23.