The city of Chicago has sued a Gary, Indiana gun store alleged to have sold hundreds of illegal guns trafficked into Chicago. Filed by Everytown Law, the litigation arm of Everytown for Gun Safety Support Fund, along with the City of Chicago Department of Law and the law firm Mayer Brown LLP, the lawsuit alleges that the store repeatedly broke federal gun laws and ignored clear signs of straw purchases and gun trafficking, contributing to a public nuisance in Chicago, including in connection with dozens of sales in 2020 and 2021 that resulted in federal criminal charges against the straw purchasers. The complaint cites years of previously-unseen audit reports by the Bureau of Alcohol, Tobacco, Firearms and Explosives, showing repeat violations, warnings, and two recommendations for revocation of Westforth Sports Inc.’s license to sell guns. It also points to court records showing that, between 2014 and 2021, over 40 federal criminal prosecutions for illegal gun purchases in the Northern District of Indiana, where Westforth is located, involved guns sold by Westforth.
The first civil lawsuit filed by Chicago against a major source of crime guns in more than two decades, the City is seeking a court order requiring Westforth Sports, Inc. to stop practices believed to be contributing to gun trafficking and gun violence in the City, as well as damages for the harm caused by Westforth’s actions.
“The City of Chicago is serious about reducing and eliminating violence of all kinds, which is why we’re fighting the tide of illegal guns flowing into our neighborhoods,” said Chicago Mayor Lori E. Lightfoot. “As Mayor, I’ve worked tirelessly to reduce violence to keep our streets safe. Time and time again, however, it has become even more clear that holding accountable all those who contribute to gun violence here, regardless of where they are located, is key to our ability to create a safer Chicago. This lawsuit is about addressing a major source of illegal guns recovered in our city, and it should send an unmistakable signal about our commitment to reducing gun violence and stopping gun trafficking.”
“When this many crime guns are traced back to a single dealer, it raises serious questions about how that dealer does business, and in this case you don’t have to look far for the answer,” said Alla Lefkowitz, director of affirmative litigation for Everytown Law. “The ATF has cited Westforth over and over again for violating federal gun regulations, including for selling to straw purchasers. ATF inspectors twice recommended that Westforth’s gun dealer license be revoked. This lawsuit should be a wake-up call to ATF to take long-overdue action against Westforth to protect the public.”
The suit alleges that in the face of unmistakable indicators of illegal gun sales—including high volume, repetitive, and multiple-sale transactions involving duplicate or near-duplicate firearms—Westforth chose time and time again to look the other way and to falsify transaction forms, becoming a trusted source of firearms for traffickers and straw purchasers. For example, as detailed on pages 18-24 of the complaint:
• Over the course of seven months in 2020, one buyer is alleged to have purchased 19 handguns from Westforth, including ten guns bought in multiple-sale transactions, and nine others bought at intervals designed to avoid federal reporting requirements. With the exception of one gun that the buyer kept for himself, each of these guns were transferred to persons in Chicago. The buyer has since been charged criminally with making false statements in connection with his gun purchases at Westforth.
• Another buyer is alleged to have bought six handguns from Westforth in the spring of 2020, including three identical Taurus handguns and a pair of identical Smith & Wesson handguns. The complaint alleges that these duplicative multiple-sale transactions were unmistakable warning signs of straw purchasing, which Westforth ignored. One of the guns that Westforth sold to this buyer was recovered by the Chicago Police just over a month later, and the rest are believed to remain on the streets. In December 2020, this buyer pled guilty to a federal crime in connection with her purchases at Westforth.
• Another buyer visited Westforth in May 2018 and is alleged to have bought five Glock handguns—including two duplicate and near-duplicate pairs—in a single purchase. The complaint alleges that this suspicious bulk purchase of handguns was highly indicative of trafficking, and the buyer was indeed a trafficker. Just a day after Westforth sold these guns, two of them were recovered by law enforcement in Chicago during an altercation. One had been outfitted with a laser sight. This buyer has since been charged criminally with making false statements in connection with his gun purchases at Westforth.
- west wing - Monday, Apr 26, 21 @ 11:18 am:
Go! It’s time gun manufacturers and gun stores are held accountable for injury and suffering. No other industry is exempt from liability except for this industry.
- PublicServant - Monday, Apr 26, 21 @ 11:30 am:
Que Todd…
- low level - Monday, Apr 26, 21 @ 11:30 am:
Isn’t this what Daley and the city did in the late ‘90s? I recall Tom Dart being involved as well.
At any rate, I’m sure “Todd” will be commenting shortly.
- Donnie Elgin - Monday, Apr 26, 21 @ 11:45 am:
=and nine others bought at intervals designed to avoid federal reporting requirements=
while it may look suspicious, it is clear of any reporting requirement. They stayed clear of 18 U.S.C. § 923(g)(3)(A) and made sure purchases were made more than 5 days apart. With the shortage of firearms in 2020, I have seen lots of legal multiple purchases. When the gun stores/ranges have inventory it sells. Often time to a buyer that recently purchased.
- We've never had one before - Monday, Apr 26, 21 @ 11:49 am:
If a crime was committed, did anyone call the police?
- We've never had one before - Monday, Apr 26, 21 @ 11:55 am:
I see a city filing a civil suit in the court of the county that most of the city is situated in, a civil suit naming a store in another county, err, another state, over whether or not that store violated some federal regulations… and then issuing a press release about it.
Well, they got one part right, apparently there’s a press release.
- Rudy’s teeth - Monday, Apr 26, 21 @ 12:01 pm:
Should Mayor Lightfoot ban the sale of cars to prevent carjacking that occurs all over the city of Chicago?
- Montrose - Monday, Apr 26, 21 @ 12:13 pm:
“Should Mayor Lightfoot ban the sale of cars to prevent carjacking that occurs all over the city of Chicago?”
Comment like an adult.
- Rudy’s teeth - Monday, Apr 26, 21 @ 12:19 pm:
As an adult, I was being facetious.
- FormerParatrooper - Monday, Apr 26, 21 @ 12:52 pm:
If the report is true, why didn’t the feds revoke their FFL? What was the failure on the BATFe in this?
As a previous comment above, the firearms industry is protected from liability of criminal use of the product, just as GM is afforded the same protection from bring sued for a drunk driver killing someone. Suits have been brought against firearms manufacturers for faulty products.
- Anyone Remember - Monday, Apr 26, 21 @ 12:52 pm:
Rich, hope this doesn’t violate the “Illinois specific” requirement.
This WaPo link shows, by state, where their guns come from / go. While 50% of all guns in IL are native, 15% come from IN (another 10% from other neighboring states). Very informative.
https://www.washingtonpost.com/politics/2021/04/08/how-guns-flow-across-state-lines/
- Todd - Monday, Apr 26, 21 @ 12:56 pm:
I’ll read the complaint and comment at later I’m out on a machine right now and just checked the blog over lunch while we were high fiving over the Supreme Court taking the New York carry case
https://m.youtube.com/watch?v=X-g1Rp_lLak
- We've never had one before - Monday, Apr 26, 21 @ 12:58 pm:
@Anyone Remember
What % of Chicago guns come from Chicago?
Is it relevant?
- Anyone Remember - Monday, Apr 26, 21 @ 1:16 pm:
“What % of Chicago guns come from Chicago?”
Like so many things, apparently there is no local data available - just statewide.
- Leslie K - Monday, Apr 26, 21 @ 1:35 pm:
===What % of Chicago guns come from Chicago?===
0% There are no gun stores within Chicago city limits
- Anyone Remember - Monday, Apr 26, 21 @ 1:45 pm:
“0% There are no gun stores within Chicago city limits”
Are there any in suburbs next to Chicago city limits? Besides those in Indiana.
- thisjustinagain - Monday, Apr 26, 21 @ 1:45 pm:
Can’t wait to see the suit dismissed; they have very weak arguments that the Court even has jurisdiction or venue. The (allegedly) lawful business is beyond the jurisdiction and venue of the Illinois courts; if they filed this in Indiana they feared it would be tossed outright, for either standing or other legal reasons, and they have no direct Federal claim against the shop either. And if ATF failed to shut down the dealer, that doesn’t give Chicago any rights to sue either. Case dismissed with prejudice is very likely. They couldn’t file in Indiana because they don’t have standing to sue, so they’re playing fast and loose with the case hoping to get lucky in Illinois, and to kill the shop with legal fees. Same tactic they tried in Illinois; funny, they never got Chuck’s Gun Shop in Riverdale to settle or got them shut down after decades of “proof” of wrongdoing. If the Gary shop is violating the law, ATF or Indiana has to close them, not Chicago and Illinois.
- Leslie K - Monday, Apr 26, 21 @ 2:04 pm:
===Are there any in suburbs next to Chicago city limits? Besides those in Indiana.===
There are some that are pretty close. There was one in Lincolnwood on the border with Chicago, but I’m not sure if they still sell guns or are just a shooting range now. Also one in Downer’s Grove. I think near south suburbs have at least one or two. And some suburban sporting goods stores carry firearms (I’m not sure what kinds). So, definitely some close by. Just not in City limits.
- Commisar Gritty - Monday, Apr 26, 21 @ 2:09 pm:
@thisjustinagain
Me thinks you’re a little too gleeful of death profiteers exploiting a failure in our legal system.
- thisjustingain - Monday, Apr 26, 21 @ 3:51 pm:
To Commisar Gritty ref “death profiteers”…the law is what it is, and Chicago and Illinois can’t just annex Gary, Indiana because they think they have a case. No standing, no jurisdiction or venue, case dismissed. Case involves alleged interstate commerce, so it belongs in a Federal court anyway, which will promptly toss the case for lack of viable claims cognizable under law. And again, their claims aren’t actually proof of wrongdoing. Time to blame the criminals doing straw purchases, or legally buying but giving/selling guns to prohibited persons, not the inanimate objects. Time to place the blame on Chicago for kid-gloves for felons, and few prosecutions by the Cook County State’s Attorney because of “reasons”, and felons on low-bond/no-bond still doing crimes in the name of “social justice”. Maybe even blame ATF for either not arresting the accused criminal purchasers or sellers upon probable cause. Correlation is not causation, and so far Chicago has enough issues to get past before actual proof of wrongdoing will even get the suit up the hill.
- FGFM - Monday, Apr 26, 21 @ 4:03 pm:
There’s a notorious store in Riverdale.
https://www.thetrace.org/2015/06/the-violent-history-of-chicagos-most-notorious-gun-shop/
- DuPage - Monday, Apr 26, 21 @ 4:24 pm:
Lightfoot/Harris/Biden want to reduce illegal guns on the streets of Chicago? Enforce existing laws against felons in possession of a firearm. The CCSA does not seem interested in enforcing that law. It is also a federal crime. Lightfoot should request help from the FBI to send agents to ride along with Chicago police, and if a felon w/gun is found, have the fed arrest them and go straight to the federal lockup and 5-10 years. By-pass the CCSA entirely.
- Anyone Remember - Monday, Apr 26, 21 @ 4:57 pm:
“Enforce existing laws against felons in possession of a firearm.”
The only effective prosecution scheme has been the federal Project Exile in Virginia, where felons with weapons are prosecuted in federal court. Prison sentences were usually far away from Virginia (family couldn’t afford to visit). State replicant attempts generally fail as Virginia can’t put an inmate in San Quentin.
- Mason born - Monday, Apr 26, 21 @ 6:14 pm:
The suit itself seems less interesting to me then an IG audit ofwhy the feds didn’t pull their license. Provided the statements above aren’t exaggerated atf should explain why they didn’t act.
- Blue Dog - Monday, Apr 26, 21 @ 8:53 pm:
Your not serious about reducing gun violence if you paroling gun felons after one year. Twenty five years no parole.
- thisjustinagain - Tuesday, Apr 27, 21 @ 9:19 am:
FGFM, ref the notorious Riverdale store:
Chicago tried to shut them and other suburban dealers down about 20 years ago after finding how many guns they sold Chicago residents, and tried to force Chuck’s and other suburban dealers to follow Chicago-enforced rules to make Chicago “safer”. Chuck’s defied all the threats and suits, noting the sales were legal and Chicago had no right to tell it how to run the business. Chuck’s is still open, and will be long after Lightfoot is out of office, because it still has a Chicago market for lawful sales and is so close to the City, yet out of Lightfoot’s reach. Won’t be surprised if she sues suburban dealers again in her desperate attempt to blame anyone but the criminals and failed policies established per her and her party cronies.