Brady Applauds Decision to Allow Case Against High-Capacity Magazine Distributor American Tactical, Inc., to Move Forward Despite Protection of Lawful Commerce in Arms Act

The lawsuit, brought forward by families  and victims of the 2021 mass shooting at an Indianapolis FedEx facility, alleges American Tactical, Inc., failed to implement safeguards to prevent dangerous individuals from acquiring high-capacity magazines.

WASHINGTON, D.C., October 22, 2026 — Last week, the District of South Carolina denied the Defendants’ motion to dismiss the lawsuit against defendants, including high-capacity magazine distributor American Tactical, Inc., in Gurinder Singh Bains, Et Al. v. American Tactical, Inc., Anthony Dichario, Joseph Calabro, Schmeisser GMHB, and 365 Plus D.O.O. Brady and co-counsel Cohen Milstein Sellers & Toll LLP and Rogers Patrick Westbrook  & Brickman, LLC, represent the plaintiffs, who are victims and families of victims of the 2021 mass shootingat an Indianapolis FedEx facility. Thirteen people were shot, eight of whom were killed in the shooting, which was the deadliest shooting by a single gunman in the history of Indiana.

In its refusal to dismiss the case, the court found that the high-capacity magazine was not a component part of a firearm and thus, the case does not fall under the protection of the Protection of Lawful Commerce in Arms ACT (PLCAA), which has been leveraged by the gun industry to dismiss other cases that would have held them accountable. The court’s denial of the motion to dismiss the lawsuit is a major victory in Brady’s ongoing efforts to hold the gun industry accountable for its role in driving America’s gun violence epidemic and the latest instance in which Brady Legal has successfully defeated an asserted PLCAA defense. 

The complaint, filed in 2023, alleges, in part, that American Tactical, Inc., marketed, distributed, and sold the high-capacity magazine used by the gunman in the mass shooting. Despite knowing that mass killers are attracted to high-capacity magazines to carry out mass shootings, American Tactical, Inc., failed to implement any protocols or safeguards to prevent dangerous individuals from acquiring the product. At 60 rounds, the gunman’s magazine had about six times the killing capacity of standard magazines and enabled continuous firing without the need to pause to reload. The complaint alleges that anyone — “regardless of age, criminal history, or mental health history” — can buy high-capacity magazines like the one used by the FedEx gunman directly from American Tactical’s website. American Tactical, Inc. marketed the lethal product with videos featuring extreme violence, stylized like video games and action movies. 

Erin Davis, Senior Counsel, Director of Litigation, said:

This is a crucial step in our case to hold American Tactical, Inc. accountable for the harm they’ve caused. High-capacity magazines have no business in the hands of civilians. The gun industry should know this, but instead, they’ve specifically marketed their highly lethal products to a dangerous class of individuals, putting profits over people’s lives. By refusing to dismiss the case with respect to PLCAA, the court has held the door open to allow victims and families of victims to secure justice and reforms to keep similar unimaginable tragedies from impacting others.

A video advertisement for the 60-round high-capacity magazine depicted men dressed in tactical vests firing a constant stream of bullets at unseen targets. Notably, the FedEx shooter wore a nearly identical tactical vest.

Assault weapons paired with high-capacity magazines are the weapon of choice for America’s deadliest mass shooters. They have facilitated several high-profile, hate-motivated attacks. Whereas local and federal law enforcement officials declined to categorize the Indianapolis FedEX facility mass shooting as a hate crime, four of the eight people killed were members of the Sikh community, and it remains a painful reminder of the hate and violence affecting Sikhs and the broader Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

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