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Judge rules victims of Chabad of Poway shooting attack can sue gunmaker

Superior Court Judge Kenneth Medel said the gunmaker negligently marketed its rifle to youth on social media.

Chabad of Poway, Calif. Credit: Google Maps.
Chabad of Poway, Calif. Credit: Google Maps.

A California judge ruled that victims of the April 2019 shooting at Chabad of Poway outside of San Diego can sue the manufacturer of a semiautomatic rifle and the gun shop that sold it to the murderer, reported The San Francisco Chronicle.

Superior Court Judge Kenneth Medel said on Wednesday that the victims and families have a case against Smith & Wesson, the largest gunmaker in the United States, for knowing its AR-15 rifle could be easily made into an assault weapon, which is against state law.

Medel said the gunmaker negligently marketed its rifle to youth on social media.

The judge also said the gun shop in San Diego could be sued for selling the weapon to John Earnest, the man who used the rifle to shoot at worshippers during Passover morning services in 2019 since he was 19 at the time and did not meet the 21-year minimum age requirement for ownership.

Earnest was charged last year with murder for killing congregant Lori Gilbert-Kaye, 60, and wounding three people, including senior Rabbi Yisroel Goldstein.

“No one prosecuted these plaintiffs, fined them or sent them so much as a stern letter,” Mark Goldfeder of the National Jewish Advocacy Center told JNS. “They silenced themselves and then sued over the silence.”
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