HIGHLAND PARK, Ill. (WLS) -- Mass shootings in the United States have become a painfully common occurrence, yet gun makers are protected by federal law.
In 2005, Congress passed a shield law that prevents manufacturers from being held liable. Despite this, Highland Park Fourth of July victims are suing the industry.
"I think it's very important for victims to take on the gun industry because we are not going to get change on the federal level," said victims' attorney Antonio Romanucci.
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On behalf of the victims, attorney Romanucci is taking on the industry as a way to circumvent the federal law. Victims are using an Illinois consumer protection law to sue Smith & Wesson over deceptive marketing practices. The gun manufacturer is the maker of the AR-15 assault rifle used in the Highland Park mass shooting.
"We are claiming the killer, the shooter here, in this instance, was groomed by Smith & Wesson as a boy, a child, as a teenager," Romanucci said.
Romanucci said gun-makers directly market and advertise to kids, especially through video games. Sandy Hook victims used a similar tactic against gun-maker Remington. Earlier this year, Remington agreed to pay victims $73 million in a settlement, but, the firearms industry said the Highland Park case is an uphill battle.
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"The bottom line is the responsibility of those crimes and horrendous effects of those crimes lie with the individual who criminally misused that firearm," said Mark Oliva with the Firearm Industry Trade Association.
Romanucci acknowledged it will be a difficult case, since advertising is protected under free speech.
"When you take a case on in this magnitude, it's like taking on the tobacco industry 50-60 years ago," Romanucci said.
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Also rare is suing the shooter's father. Shooting suspect Robert Crimo III was 19, and Robert Crimo Jr. sponsored his son's firearm application shortly after a suicide attempt and death threats to his family.
"This is somebody who basically gave these weapons of mass destruction to his son, knowing there was a mental health-type history with this child, who became an adult," Romanucci said.
Besides the civil suit against him, Robert Crimo Jr. faces criminal charges. He is charged seven counts of felony reckless conduct.