US: Judge allows lawsuit against gunmaker over synagogue shooting to proceed

The survivors and families of the victims of the shooting at the Chabad of Poway synagogue have brought a case against Smith & Wesson.

San Diego County Superior Court judge, Kenneth J. Medel, last week dismissed the gunmaker’s assertion that the suit was barred under a law that gave gunmakers partial protection from liability when their products are used for crimes.

The judge said the lawsuit indicated sufficient negligence on the part of the company in marketing the gun, a semiautomatic assault-style rifle that can be modified to fire automatically. 

On April 27, 2019, the final day of Passover, John Earnest allegedly shot members of the Chabad of Poway synagogue. Lori Kaye, 60, died and three others were injured, among them a rabbi and an eight-year-old child.

Mr Earnest was said by police to have used a Smith & Wesson M&P 15 rifle. He faces federal prosecution charges of murder as well as hate crimes.

The judgment also states that San Diego Guns, where the gun was purchased, can be sued.

Under the Protection of Lawful Commerce in Arms Act 2005, gunmakers are not liable for situations in which their guns are used for criminal acts. They are not protected, however, from cases of negligence or where state laws have been deliberately violated.