PLAINFIELD, Ind. — Two survivors and the son of a man who lost his life during a mass shooting at a FedEx facility in April 2021 are suing gunmaker American Tactical Inc. over how it marketed their products in a lawsuit that adds to a growing list of litigation against gun companies whose weapons are used in similar attacks.
Shortly before opening fire on people working at the FedEx facility, the lawsuit claimed the shooter armed himself with multiple high-capacity magazines, but emptied a 60-round Schmeisser high-capacity magazine early in the attack.
Use of the magazine, they argued, enabled him to fire all 60 rounds in a matter of seconds. Eight people were killed and 13 others were hurt in the attack.
"The shooter did exactly what [American Tactical Inc.] knew, or should have known, one of its customers would do. He combined the HCM with an AR-15 style firearm to perpetrate a mass shooting," the plaintiffs accused in the lawsuit.
That lawsuit, filed Thursday in U..S District Court for the Western District of New York, accused American Tactical Inc. of negligence, public nuisance and unlawful marketing for high-capacity magazines, guns that are capable of holding more than 10 or 15 rounds of ammunition, and said the company lacked "reasonable safeguards" for a product they "knew attracted mass killers."
They further accused the New York-based company of deviating from the principles of their founder, gun manufacturer William B. Ruger Sr., who is quoted in the lawsuit as having once said, “No honest man needs more than 10 rounds - I never meant for simple civilians to have my 20- or 30-round magazines."
According to police, the weapons recovered after the FedEx shooting were both rifles, including a Ruger AR-556 that was purchased by the suspect in September 2020. The other rifle was an HM Defense HM15F that was purchased in July 2020. Police noted that no modifications had been made to either rifle.
Survivors argued in the lawsuit that American Tactical Inc. knew these high-capacity magazines had been used "repeatedly to slaughter and terrorize" Americans in "horrific mass shootings since long before April 2021."
It further claimed American Tactical Inc. was "reckless" in its practice by allowing customers to acquire the high-capacity magazines without implementing the necessary safeguards, and that the one containing 60 rounds that was used in the FedEx shooting "manifestly exceeds the threshold of reasonableness."
"A 60-round HCM’s meaningful utility is limited to military assaults or their civilian equivalent—mass shootings," the lawsuit read.
The lawsuit comes as the National Rifle Association prepares to hold their annual convention in Indianapolis over the weekend. American Tactical Inc. is listed as an exhibitor at that event.
The suit gave insight into what some of the victims endured inside the facility back in April 2021, and revealed many of the survivors now involved in the lawsuit against American Tactical Inc. had been working for the company for only a short time when the mass shooting took place.
Court documents showed victim Jaswinder Singh had been working at FedEx for 10 days, and was waiting to pick up his first paycheck when the mass shooting started.
A high-velocity caliber bullet fired by the shooter penetrated his lower left back, the lawsuit said, and traveled through his body, out his front right flank and killed him.
Singh is survived by his wife of over 50 years, his children, and grandchildren.
Survivor Harpreet Singh, a husband and father of three, had been working at the FedEx facility for six months. Harpreet had finished his shift, and was also standing in line to pick up his paycheck when he heard the first shot.
The bullet struck him in the head and lodged in his temple.
The lawsuit detailed how blood ran down his face as he jumped over a walled security area to hide "huddled and silent" as he waited for the shooting to end and "hoped not to lose consciousness."
Survivor Lakhwinder Kaur had been working at FedEx since June 2020. She had just arrived for her shift and was sitting in a chair near the line for paycheck pick-up when she heard pops that sounded like fireworks and saw people running.
When Lakhwinder Kaur saw a co-worker slump over, she attempted to go to him to offer aid when a bullet struck her, lacerating her left arm. Others yelled at her to lie down, so she took shelter under a chair before she moved with coworkers into an office to hide. One lady was "wailing, unable to compose herself" as shots rang out, while others banged on the door to be let in.
Lakhwinder Kaur and her coworkers were eventually led outside the building, according to the lawsuit.
“American Tactical, Inc. is well aware that these magazines are instruments of mass killing and have no problem marketing them directly to people with horrific intentions,” said Gurinder Singh Bains, the son of Jaswinder Singh, said in a statement to the Associated Press.
The Associated Press also reported a person who answered the phone for American Tactical said the company had no immediate comment.
The lawsuit listed other mass shootings in which high capacity magazines were used, stating:
- On August 4, 2019, a shooter armed with an AR-15 style rifle and a 100-round magazine attacked a crowd in an entertainment district of Dayton, Ohio, where he killed nine people, while wounding 17 others.
- On July 28, 2019, a shooter armed with an AK-47-style rifle, a 75- round drum magazine and multiple 40-round magazines attacked a festival in Gilroy, California, where he killed 3 people, while wounding 13 more.
- On November 7, 2018, a shooter armed with a pistol and multiple 30-round magazines attacked a bar and grill in Thousand Oaks, California, where he killed 11 people.
- On February 14, 2018, a shooter armed with an AR-15-style rifle and several 30- or 40-round magazines attacked the Marjory Stoneman Douglas High School in Parkland, Florida, where he killed 17 people, while wounding 17 more.
- On November 5, 2017, a shooter armed with an AR-15-style rifle and around 15 30-round magazines attacked a church in Sutherland Springs, Texas, where he killed 26 people, while wounding 20 more.
- On October 1, 2017, a shooter armed with multiple firearms – including several AR-15-style rifles – twelve 100-round magazines and a 40-round magazine attacked a music festival in Las Vegas, Nevada, where he killed 58 people, while wounding hundreds.
- On June 12, 2016, a shooter armed with multiple firearms – including an assault-style rifle – and multiple 30-round magazines attacked a nightclub in Orlando, Florida, where he killed 49 people, while wounding 53 more.
- On December 2, 2015, two shooters armed with multiple AR-15- style rifles and four 30-round magazines attacked a regional center in San Bernadino, California, where he killed 14 while injuring 21.
- On June 7, 2013, a shooter armed with multiple firearms -- including an AR-15-style rifle – and 40 30-round magazines attacked a college in Santa Monica, where he killed 5 people.
- On December 14, 2012, a shooter armed with multiple firearms – including an AR-15-style rifle – and one or more 30-round magazines attacked an elementary school in Newtown, Connecticut, where he killed 27 people, including 20 children.
- On July 20, 2012, a shooter armed with multiple firearms – including an AR-15-style rifle – and at least one 100-round and one 40-round magazine attacked a movie theater in Aurora, Colorado, where he killed 12 people, while wounding 58 more.
You can read the full lawsuit here: