The lawsuit filed in Clark County District Court docket in Nevada is asking for damages in addition to an injunction for the defendant Kyung Chang Trade (KCI USA) to cease promoting their 100-round LCM.
Calls and e-mails to KCI haven’t been returned.
“To our information, that is the primary lawsuit that is centered solely on the advertising and manufacture and sale of high-capacity magazines,” Jonathan Lowy, an legal professional representing the households, mentioned Monday.
Lowy, the chief counsel and vice chairman of authorized on the Brady Marketing campaign to Forestall Gun Violence, acknowledged there have been quite a few lawsuits towards the makers and sellers of weapons, and producers of physique armor, ammunition and LCM’s have been included in broader lawsuits. However, he mentioned, “we’re not conscious of any which were centered solely on the journal.”
Lowy mentioned the lawsuit shouldn’t be about stopping all magazines underneath a sure capability, however concerning the producer’s “determination to make 100-round magazines, to market them to most of the people, to take action with none cheap restrictions or circumstances, to permit and even to encourage in some ways in which folks use web sellers to acquire these 100-round magazines, to not display for who could be an acceptable consumer of 100-round journal.”
“It’s basically problematic,” Dayton Police Chief Richard Biehl mentioned on the time. “To have that stage of weaponry in a civilian setting, unregulated, is problematic.”
In 1994, Congress handed a legislation banning assault weapons and large-capacity magazines, however the legislation expired in 2004. As of 2019, 9 states banned such large-capacity magazines, however Ohio was not one in every of them.
The lawsuit alleges that the “Defendants’ LCM enabled the Shooter to rework the favored industrial district right into a warfare zone, in seconds.”
It goes on to say that ,”because of the huge capability of the Journal and the corresponding lack of a have to pause and reload, the Shooter was in a position to discharge 41 rounds in roughly 32 seconds, earlier than being killed by responding law enforcement officials.”
Dion Inexperienced survived the taking pictures in Dayton, however his father Derrick Fudge didn’t. Fudge was shot 5 instances and died in his son’s arms, Inexperienced mentioned.
“Since my dad died in my arms that night time, I have been advocating throughout the nation combating towards all kinds of legal guidelines, serving to victims of crime,” Inexperienced mentioned. “I am not going to be quiet; I’ll stand tall with a voice, and I wish to simply maintain being of their ear, and demanding change.”
He mentioned the households of the victims did not get justice as a result of the gunman “took the simple method out” that day.
“We have to maintain this firm accountable,” he mentioned.
CNN’s Emanuella Grinberg and Eric Levenson contributed to this report.