Gun manufacturer Smith & Wesson went before the Seventh Circuit Court of Appeals on Thursday, hoping that a dozen consolidated lawsuits could move to federal court, Courthouse News reports. The plaintiffs in the consolidated cases are individuals affected by the July 4, 2022 mass shooting in the Chicago suburb of Highland Park, including survivors and the loved ones of the seven people killed. The shooter in that massacre fired dozens of rounds from a Smith & Wesson assault rifle into Highland Park's Independence Day celebration, and in September 2023 U.S. District Judge Steven Seeger ruled the plaintiffs could keep their claims against the gunmaker — alleging violations of Illinois fraud law, negligence, deceptive trade practices and intentional infliction of emotional distress — in state court. The plaintiffs aim to keep them there.
Smith & Wesson is trying to remove the cases to federal court. The gunmaker fears a state court might declare the weapons 'machine guns' under the National Firearms Act of 1934. Machine guns are strictly controlled by that act, with the intent and effect of keeping them out of civilian hands. And if a state court determines Smith & Wesson has fraudulently marketed military weapons for civilians, it could call into question those weapons' legality nationwide.