The city of Chicago has the right to sue the operators of a now-closed gun shop in Gary, Indiana, for allegedly not doing enough to cut off so-called straw purchasers of firearms, which the city asserts were later used to commit hundreds of crimes in Chicago, a state appeals court has ruled.
In the decision, the appeals panel overturned a ruling from a Cook County judge, who had determined the city lacked the ability to haul the store, known as Westforth Sports, located in another state into court in Illinois on such claims.
"The City has sufficiently alleged that over many years, Westforth deliberately and purposely availed itself of the Illinois market, fully aware that the firearms would contribute to criminal activity in Chicago," the appeals court said in its decision.
Chicago Mayor Brandon Johnson
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"The alleged harms were neither incidental nor accidental but directly linked to Westforth’s conduct, thus satisfying the legal standard for specific jurisdiction."
The court fight dates back to 2021, when the city, under former Mayor Lori Lightfoot, joined with gun control activists to file suit in Cook County Circuit Court against Westforth.
Attorneys from both activist group Everytown Law and the corporate law firm of Mayer Brown LLP joined in the action on behalf of the city.
The lawsuit asserted Westforth must pay unspecified amounts of money to allegedly compensate the city for the acts of criminals in the city, allegedly using firearms traced back by police to the Westforth shop in Gary, across the Indiana state line, but only about 10 miles from Chicago's southeastern boundary.
The lawsuit asserted Westforth "feeds the market for illegal firearms by knowingly selling its products to an ever-changing roster of gun traffickers and straw (sham) purchasers who transport Westforth's guns from Indiana into Chicago, where they are resold to individuals who cannot legally possess firearms, including convicted felons and drug traffickers."
The lawsuit fit with the long held insistence from officials in Chicago and the state of Illinois that Chicago's violence is fueled predominantly by the allegedly easy access to firearms in Indiana, a Republican led state which has supported its residents Second Amendment rights, even as the Democratic leadership in Illinois and Chicago have persistently pushed and enacted laws restricting gun ownership.
In Cook County court, the city's action met skepticism from Cook County Judge Clare J. Quish, who ruled the city couldn't press its claims against Westforth in Illinois court to punish the gun shop for the "unilateral activity of third parties" - the criminals who purchased the weapons and then resold them to other criminals, or used them themselves, to commit crimes.
In her ruling, the judge noted the "gun sales alleged in the City's complaint involve retail firearm sales made by Westforth in Indiana to Indiana residents who provided valid, government-issued photo IDs proving their Indiana residency."
She agreed these facts should keep the courts in Illinois from having jurisdiction over the city's claims.
Westforth announced in July 2023 that it was closing the store and liquidating its inventory.
In the meantime, murders and other violent crimes involving guns in Chicago have not abated.
However, Chicago and Everytown appealed that ruling, seeking to continue the lawsuit and potentially set a precedent to use in the future.
And a three-justice panel of the Illinois First District Appellate Court said Quish was wrong.
The decision noted Chicago Police have allegedly "traced 856 crime firearms back to Westforth" from 2009-2016. They asserted from 2018 to 2021, the store "allegedly facilitated illegal sales of 157 long guns, 381 handguns, and 47 assault weapons to Illinois residents, generating over $320,300 in revenue."
The justices further noted that the city has alleged "40% of federal firearm trafficking prosecutions in the Northern District of Indiana involved illegal firearms traced to Westforth."
Further, the justices noted the city's complaint accused Wesforth of "ignoring warning signs" and "red flags," that allegedly should have led them to realize they were selling weapons to straw purchasers and resellers and in some instances, allegedly coached Illinois buyers on how to "bypass" residency restrictions.
The justices said the evidence indicates Westforth, even though it is located in Indiana, can be sued in Illinois courts because it essentially has marketed its products and services toward Illinois residents.
"Based on the record before us, we conclude that Westforth’s extensive and years-long transactions with straw purchasers for sales destined for Illinois were not random, fortuitous, or attenuated," the justices wrote. "The City has demonstrated that Westforth knowingly engaged in illegal firearm sales aimed at Illinois and Chicago, a fact Westforth seeks to either downplay or ignore."
They said the alleged gun crime numbers from Chicago Police and other law enforcement demonstrate the shop's relationship with Chicago "is more than geographical."
Westforth, the justices said, stands as "the largest out-of-state supplier of firearms used in crimes in Chicago."
"These numbers underscore a recurring link between Westforth's operations and Chicago's illegal gun market," the justices wrote.
"... Westforth cannot credibly claim ignorance when the record is replete with evidence that Westforth knew it was operating as a pipeline for illegal weapons into Chicago. In other words, Westforth’s conduct was not one of passive indifference. Instead, Westforth made a deliberate choice to facilitate and profit from illegal firearm sales destined for Chicago’s streets. Whether affirmative conduct or willful inaction, Westforth systematically enabled straw purchases to flourish, satisfying purposeful availment," they added.
The justices further said they believed the case is best heard in Chicago courts, rather than in Indiana, because doing so "promotes judicial efficiency by addressing the issue where the harm occurred while furthering substantive policies against illegal gun sales."
The decision was authored by First District Justice Michael B. Hyman. Justices Sanjay Tailor and Carl A. Walker concurred in the ruling.
Current Chicago Mayor Brandon Johnson and his activist allies at Everytown hailed the ruling in a joint release following the decision.
“As I have said before, we need to end the flow of guns into our neighborhoods that come in through illegal routes,” said Mayor Johnson in a statement included in the release. “This decision is a step towards accountability. We will keep fighting until we end the gun violence epidemic in our city.”
"The residents of Chicago deserve justice against this large-scale supplier of guns that have been used to wreak havoc on city streets, and we look forward to litigating this case on their behalf,” said Alla Lefkowitz, Managing Director of Affirmative Litigation for Everytown Law, in that same release. “As alleged in our complaint – and the evidence we presented is damning – Westforth has not only intentionally facilitated illegal gun trafficking, but directly sold illegal firearms to Illinois residents, putting countless local communities in the line of fire. We will fight to hold them accountable for the harm they’ve caused as a byproduct of their greed.”