Red Dot Arms is getting crushed, and it’s not because they broke the law. It’s because the process itself is the punishment.
Mike Rioux’s family-owned shop in Lake Villa has been a federally licensed dealer since 2012. On February 13, 2020, they transferred a Smith & Wesson M&P 15 to a buyer who walked in with a valid Illinois FOID card. The Illinois State Police ran the background check and gave the green light. Oh yeah, this is the same Illinois State Police who background checked (supposedly) the FOID holder (scumbag’s name redacted) and issued him a shiny FOID card. This despite all manner of reasons why he had no business with a gun.
Two and a half years later that same rifle was used in the Highland Park parade massacre. Every state and federal requirement was followed during the purchase. The ATF later praised the shop’s cooperation in the aftermath of the murder spree committed by a lunatic. Not only did the ATF investigate thoroughly, but so did every Illinois government agency looking to make Red Dot the fall guy for an utter failure of the myriad of gun control measures in the Land of Lincoln. They found nothing. No violations. Nothing.
Remember: that parade was a “gun free zone” under law, meaning the good guys couldn’t carry there. That didn’t stop the scumbag lunatic though. It just made the event a free-fire zone with minimal risk of return fire from attendees.
And now Red Dot is buried under roughly 25 lawsuits filed by Everytown, the Brady Center, and big plaintiffs’ firms. The claim isn’t that the transfer was illegal. The claim is that the shop should have somehow known better and refused a sale the state itself had approved.
So what exactly was the shop supposed to do—discriminate based on looks? That would be a fast track to sanctions and a lawsuit from the Attorney General’s office for discrimination, not to mention the cancel-culture pile-on. I’ve been in plenty of gun shops and seen plenty of sketchy-looking people buying firearms. Like a very sketchy guy in Decatur who bought a very realistic looking BB pistol at Walmart and paid for it with $27 with literal change and a few small bills. He didn’t want any BBs or anything else. “He’s gonna use that to commit an armed robbery,” I thought to myself.
But this is America. The Second Amendment is a constitutional right, not a privilege contingent on having the “right” appearance. That kind of subjective gatekeeping is exactly what produced the Black Codes after the Civil War, the old racially targeted Army-Navy restrictions, and countless other laws designed to keep the “less desirables” of the moment from exercising their 2A rights.
Anyway, back to Red Dot: His insurance walked ran away. The legal bills keep stacking up. Discovery, depositions, experts, motion after motion. Three years in and they’re still funding the defense out of their own pocket. That’s how these nuisance suits work. Nuisance suit plaintiffs don’t have to win on the merits. They just bleed the defendant dry until he can’t fight anymore.
Mike is still fighting. Respect for that. But let’s be honest: it’s a losing battle under the current rules of engagement in Illinois. The best realistic hope is that a judge eventually sanctions the plaintiffs for abusive litigation. That’s an epic longshot. Especially in a state where the federal courts can’t read Supreme Court precedent.
Frankly, the cleaner move may be to declare bankruptcy, shut the doors, and reopen in a state that still treats lawful commerce in arms as something other than a target. Somewhere that values freedom a whole lot more than Illinois does.
Some people say this could happen to any gun shop. They’re right. That’s the world we live in. Until the courts start aggressively enforcing the Protection of Lawful Commerce in Arms Act the way Congress intended, and until judges start punishing those filing these junk lawsuits instead of indulging them, more small dealers will get put through the same meat grinder.
If you want to help Red Dot stay alive long enough to keep fighting, the legal defense fund is here: https://www.givesendgo.com/help-protect-red-dot-arms-from-anti-gun-