City of Chicago v. Westforth Sports, Inc.

2025 IL App (1st) 231908
CourtAppellate Court of Illinois
DecidedMarch 14, 2025
Docket1-23-1908
StatusPublished

This text of 2025 IL App (1st) 231908 (City of Chicago v. Westforth Sports, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Chicago v. Westforth Sports, Inc., 2025 IL App (1st) 231908 (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 231908 No. 1-23-1908 Opinion filed March 14, 2025 Sixth Division

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT

THE CITY OF CHICAGO, ) Appeal from the Circuit Court ) of Cook County. Plaintiff-Appellant, ) ) v. ) No. 21 CH 1987 ) WESTFORTH SPORTS, INC., ) The Honorable ) Clare J. Quish, Defendants-Appellee. ) Judge, presiding. )

JUSTICE HYMAN delivered the judgment of the court, with opinion. Presiding Justice Tailor and Justice C.A. Walker concurred in the judgment and opinion.

OPINION

¶1 A gun dealer with actual or constructive knowledge that the buyer is a straw purchaser

becomes an accomplice to the purchase-related crime. See United States v. Carney, 387 F.3d 436,

443 n.4, 448-50 (6th Cir. 2004). This complicity fuels illegal firearm trafficking, posing a severe

threat to public safety. Straw purchases typically involve deliberate efforts to evade laws restricting

firearm ownership strictly to those legally permitted to possess them. Common red flags include

bulk buying of firearms, identical weapon sales, cash transactions, and structured purchases

designed to evade scrutiny. 1-23-1908

¶2 The City of Chicago sued Westforth Sports, Inc., a federally licensed firearms dealer in

Gary, Indiana, 10 miles from the Illinois border, seeking injunctive and monetary relief. The City

alleged that Westforth knowingly facilitated straw purchasers for Illinois buyers, resulting in

firearms being used in Chicago crimes for years. Westforth challenged jurisdiction. It argued it

lacked minimum contacts with Illinois and the City’s claims were too remote from its conduct.

The trial court agreed.

¶3 We reverse. The City has sufficiently alleged that over many years, Westforth deliberately

and purposely availed itself of the Illinois market, fully aware that the firearms would contribute

to criminal activity in Chicago. The alleged harms were neither incidental nor accidental but

directly linked to Westforth’s conduct, thus satisfying the legal standard for specific jurisdiction.

¶4 Background

¶5 Westforth, a federally licensed firearms dealer in Gary, Indiana, operates 10 miles from the

Illinois-Indiana border. The store sells handguns and long guns to residents of Indiana and other

states. Earl Westforth is president and secretary.

¶6 The Complaint

¶7 The complaint alleges that Westforth regularly transacted with multiple Illinois straw

purchasers through several channels: (i) directly at its retail counter, (ii) advertising to out-of-state

residents generally and Illinois residents in particular, (iii) through the Internet, and (iv) shipping

firearms to Illinois dealers for transfer to Illinois residents. Between 2009 and 2016, the Chicago

Police Department traced 856 crime firearms back to Westforth. From 2013 to 2021, the store

allegedly sold 266 firearms illegally to 53 straw purchasers. Additionally, from January 2018 to

April 2021, Westforth allegedly facilitated illegal sales of 157 long guns, 381 handguns, and 47

assault weapons to Illinois residents, generating over $320,300 in revenue.

2 1-23-1908

¶8 Westforth was Chicago’s largest out-of-state dealer for illegal firearms from December

2014 to April 2021. The complaint further alleged that 40% of federal firearm trafficking

prosecutions in the Northern District of Indiana involved illegal firearms traced to Westforth.

¶9 Beyond the numbers, the complaint describes Westforth’s pattern of ignoring warning

signs. Employees allegedly overlooked red flags such as multiple purchases of identical firearms,

structuring transactions to avoid reporting requirements by changing residency to Indiana, and

customers openly admitting they were buying for others. Westforth reportedly had no policies to

detect straw purchasers and even responded to inquiries on Google and Facebook about how

Illinois residents could bypass legal restrictions. Also, the complaint, which included detailed

summaries of many transactions, alleged the store destroyed records of failed background checks.

¶ 10 Motion to Dismiss

¶ 11 Westforth moved to dismiss for lack of jurisdiction under section 2-619 of the Code of

Civil Procedure. 735 ILCS 5/2-619 (West 2020). Westforth argued that the City had failed to

establish a prima facie basis for jurisdiction due to the lack of “minimum contacts” with Illinois

required by the Fourteenth Amendment (U.S. Const., amend. XIV). Specifically, Westforth

contended (i) it did not conduct business or target its activities toward Illinois in a manner relevant

to the City’s claims, nor (ii) did its firearm sales meet the requirement of minimum contacts with

Illinois, citing Rios v. Bayer Corp., 2020 IL 125020, and Russell v. SNFA, 2013 IL 113909.

¶ 12 In support, Earl Westforth, the store’s president, submitted an affidavit stating that the store

maintained “a passive, non-interactive website providing information about its location, hours and

days of operation, and basic contact information.” He claimed every purchaser had to complete a

firearm transaction record and provide a valid government photo ID to verify residence and record

the information. And he insisted that nothing connected the store-sold firearms with crimes in

3 1-23-1908

Illinois and that he had not received specific information from law enforcement on the origin or

use of traced firearms.

¶ 13 Furthermore, the affidavit asserted that the store’s firearms license permitted sales only to

Indiana residents, and it did not sell to Illinois residents if they came to the store. He claimed that

since 2011, the store’s advertising was confined to Indiana residents through advertising in Indiana

publications and two billboards located in Indiana and had “never” targeted advertising to Illinois

residents or advertised on radio or television. Explaining the store’s online presence, the store

listed itself on other license dealers’ websites so prospective buyers could find its website, but it

did not sell firearms online. In 2018, the store posted discounts for Indiana military veterans on

Facebook, offering to help veterans of other states locate a firearms dealer.

¶ 14 Lastly, Earl Westforth stated that the store had turned over 556 pages of the Bureau of

Alcohol, Tobacco, Firearms and Explosives “Form 3” transactional records and sale reports on

Indiana residents who passed mandatory FBI background checks but refused broader disclosure,

calling it too burdensome.

¶ 15 City of Chicago’s Response to Motion to Dismiss

¶ 16 The City countered, citing Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985), to argue

that Westworth purposefully directed its business at Illinois, satisfying the minimum contacts test

under Illinois’ long-arm statute. See 735 ILCS 5/2-209 (West 2020) (Illinois long-arm statute). In

support, the City submitted Earl Westforth’s deposition transcript, where he admitted (i) in 2014,

he received an e-mail from the Department of Justice concerning a planned sting operation at the

store, (ii) straw purchasers attempted firearms purchases with the intent of trafficking them to

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Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (1st) 231908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-chicago-v-westforth-sports-inc-illappct-2025.