A California judge ruled that the victims of a Synagogue shooting near San Diego in 2019, can sue Smith & Wesson, the manufacturers of the semi-automatic rifle used in the attack and the owner of the gun shop that sold the weapon to the shooter.
Superior Court Judge Kenneth Medel said Wednesday that victims and families in the Poway, California, synagogue shooting have adequately alleged that Smith & Wesson, knew its AR-15-style rifle could be easily modified into a machine-gun-like or an assault weapon in violation of state law.
Medel rejected Smith & Wesson’s argument that the lawsuit was barred by the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that generally shields gun manufacturers and sellers from being sued over shootings. San Diego Guns, the store that sold the gun, is also a defendant in the case, Reuters reports.
The shooter John Earnest, who was 19 at the time opened fire with a semi-automatic rifle during the last day of Passover services in April 2019 at the Chabad of Poway Synagogue, in Poway, California. The attack killed 60-year-old Lori Gilbert-Kaye and wounded three others, including an 8-year-old girl and the rabbi, who lost a finger, according to the Washington Post.
Earnest then called police to tell them he shot up the synagogue because Jews were trying to “destroy all white people.”
Earnest is facing state and federal prosecution on charges including murder, hate crimes and alleged civil rights violations, according to the Post. He did not have a hunting license at the time, which would have barred him from California’s minimum age of 21 for owning long guns.
“Today’s judgment is a victory, and an important step on the road to justice for the victims of the shooting at Chabad of Poway Synagogue, and all Americans who believe that the gun industry is not above the law,” said Jonathan Lowy of Brady, a lawyer for the plaintiffs. “We look forward to proving our case in court, and working to prevent future tragedies.”
