Victims of Synagogue Mass Shooting Sue Gun manufacturer, Parents of Shooter, Dept. of Fish and Wildlife and Gun Store

A complaint has been filed by Brady Legal, the litigation arm of the gun control group Brady United, in San Diego Superior Court on behalf of victims of last year’s shooting at the Chabad of Poway. The complain named multiple defendants, including the alleged shooter John T. Earnest, his parents, the California Department of Fish and Wildlife, San Diego Guns where the gun was purchased two weeks prior to the shooting, and Smith & Wesson. The gun manufacturer, Plaintiffs claim, negligently made and promoted the rifle used in the shooting, KPBS reported.

San Diego Tribune gives more detail, including that the State of California is also named in the complaint.

“As a result of defendants’ actions and/or inaction, the shooter used a Smith & Wesson AR-15 style rifle to engage in a mass shooting on April 27, 2019 — a military-style assault on the worshippers at the Chabad of Poway synagogue,” KPBS quoted a portion of the complaint:

The Plaintiffs seek an injunction against the gun company and gun store, requesting that they change their procedures in addition to requesting money damages from the Defendants.

The Shooter, Earnest has been charged and is awaiting trial and sentencing.

Last year when the U.S. Supreme court refused to hear an appeal by Remington Arms Manufacturer, which was being sued by victims of the Sandy Hook massacre, the court paved the way for similar lawsuits.

In recent weeks, the Supreme Court has refused multiple appeals of cases addressing the 2nd Amendment. June 15, 2020, NRA issued a statement after a rejection by the Supreme Court of yet one other appeal:

“The Bill of Rights specifically includes the right to keep and bear arms because self-defense is fundamental to the liberty of a free society. Today’s inaction continues to allow so-called gun safety politicians to trample on the freedom and security of law-abiding citizens.”

The same argument can be applied to open the way for victims and anti gun groups to indirectly challenge the 2nd Amendment in civil courts.