Court Rejects Gun Dealer’s Effort to Dismiss Chicago Lawsuit, Holding that Westforth Sports Could be Held Liable for Creating a Public Nuisance 

COOK COUNTY, Ill. – An Illinois trial court yesterday denied a motion to dismiss brought by Indiana-based gun dealer Westforth Sports, clearing the way for the City of Chicago’s landmark lawsuit – litigated alongside Everytown Law – to proceed to discovery. The ruling follows the Illinois Appellate Court’s historic decision last year holding that the case against Westforth could proceed in Illinois courts. Yesterday’s ruling goes further, holding that the Protection of Lawful Commerce in Arms Act, a federal law providing special protections to the gun industry, does not apply to Chicago’s suit and that the City can proceed with its claim that Westforth Sports created a public nuisance in Chicago. 

As the court explained, the City has adequately alleged that Westforth’s “unlawful sales and failure to comply with firearm-transaction laws, contribute to the proliferation of firearms into the criminal market and unreasonably interfere with public safety, health, peace, comfort, and convenience.”

“This ruling marks an encouraging step forward in our wide-ranging, comprehensive effort to combat the flow of crime guns into our city and take illegal weapons off of our streets,” said Mayor Brandon Johnson. “Between executive action that wields the city’s purchasing power to drive more responsible industry practices and affirmative litigation that holds bad actors accountable, my administration will use every tool available to us to protect our residents from the dangers posed by the proliferation of illegal weapons.” 

“This ruling brings us one step closer to holding Westforth Sports accountable for its role in supplying guns that wreak havoc on Chicago streets,” said James Miller, Deputy Director of Affirmative Litigation for Everytown Law and co-counsel for the City. “As alleged in the City’s complaint, Westforth knowingly and recklessly facilitated illegal gun trafficking into Chicago. It is time that it be held responsible for its actions.” 

Filed in 2021, the suit alleges that Westforth Sports – located just 10 miles from the Illinois border – repeatedly broke federal gun laws and ignored clear signs of straw purchasing and gun trafficking, such as high volume, repetitive, and multiple-sale transactions involving duplicate or near-duplicate firearms. The suit seeks to hold Westforth accountable for contributing to a public nuisance in Chicago, and also brings claims for negligence and negligent entrustment. After the City’s lawsuit against Westforth was filed, the City was able to uncover further evidence that is now part of the public record showing:

• Over 300 guns were straw purchased at Westforth from 2014–2021. In some cases, Westforth sold as many as 19 guns to one individual. Many of these guns have been used in serious crimes in Chicago, including homicides, non-fatal shootings, and assaults.

• For years, Westforth has sold assault weapons to residents of Chicago, despite the fact that it has long been illegal to possess such weapons in the city. 

• Between 2010 and 2021, ATF inspected Westforth at least six times, with each inspection resulting in violations – many of which were repeats. During the 2021 inspection, Westforth was cited for nine categories of federal firearms regulations with eight of these categories being repeat violations. 

• Among these violations were actions that may have frustrated efforts by law enforcement to identify individuals trafficking firearms into Chicago. These violations included:
  • The practice of ripping up and discarding ATF-mandated records (4473 forms) in instances in which the firearm sale was not completed, despite a law requiring such forms to be maintained for five years;
  • The repeated failure to timely report multiple handgun sales; and
  • False information and misrepresentations that Westforth made to ATF in response to a request for information about a firearm that was found at a crime scene and traced back to the store.

• During the litigation, the long-time owner of Westforth testified that no amount of firearms purchased could ever be a warning sign of potential straw purchasing despite ATF’s repeated attempts to educate him and his employees about the importance of firearm laws. He also testified that it was not the store’s job to tell a potential straw purchaser no. 

On July 25, 2023, Westforth Sports publicly announced that the store would be closing and liquidating its inventory. More information regarding the specifics of this case can be found here.

For interviews or to learn more, please don’t hesitate to reach out to press@everytown.org.