Good day all. New Jersey is a state that regularly denies people their 2nd Amendment rights. There have been cases where people trying to follow their laws have been jailed. To say that the government of New Jersey hates people owning guns would be an understatement.
Now Smith & Wesson is suing the State of New Jersey for violating their constitutional rights. However, it isn’t the 2nd Amendment, it’s the 1st Amendment that New Jersey stomped on. Here are the details from the Washington Free Beacon:
One of the country’s largest gun manufacturers has filed a federal suit accusing the state of New Jersey of violating its First Amendment rights.
Smith & Wesson sued the state Tuesday in response to a broad subpoena issued by New Jersey attorney general Gurbir Grewal (D.). The case, filed in federal district court, seeks to have the subpoena—which demanded a decade’s worth of advertising and sales records—thrown out and declared unconstitutional.
“The New Jersey Attorney General has taken a series of actions to suppress Smith & Wesson’s speech, and with the intention of damaging Smith & Wesson both financially and reputationally,” the complaint from the company said. “The most recent such action is the issuance of an administrative subpoena … on October 13, 2020 that allegedly seeks evidence of consumer fraud relating to advertising – but in reality, it seeks to suppress and punish lawful speech regarding gun ownership in order to advance an anti-Second Amendment agenda that the Attorney General publicly committed to pursue.”
Larry Keane, senior vice president and general counsel of the National Shooting Sports Foundation, said New Jersey’s subpoena is part of a concerted effort to hobble the gun industry through frivolous court proceedings. Such probes are meant to “get to discovery” in the hopes of forcing gun companies to agree to new regulations in legal settlements, according to Keane.
“They will … try to impose through settlements [gun-control] measures they can’t get passed through Congress or in the states,” he told the Washington Free Beacon. “It’s regulation through litigation.”
The Progressive Liberal Democratic CommuNazis have been trampling the Constitution for decades of course, and at the top of their list is the Right to Keep and Bear Arms, known as the 2nd Amendment. Recently, there have been moves by Dementia Joe’s handlers to have the BATF begin classifying semi-automatic rifles and pistols to be treated same way machine guns, (fully automatic firearms), and suppressors, (Also and erroneously known as silencers).
This would force upwards of 30 million people to hand in their firearms or have them handled the same way machine guns and suppressors are handled, a $200 tax, fingerprints and waiting for the government to give you permission to own your property. To say that the CommuNazis hate their slaves owning guns would be a considerable understatement. They have also stated they want to rescind a law that protects firearms manufacturers from lawsuits over the criminal misuse of their products.
Keane compared the new legal movement to one in the 1990s that tried to run up gun companies’ legal bills through cases attempting to hold them responsible for the criminal acts of third parties. The extensive litigation inspired the bipartisan Protection of Lawful Commerce in Arms Act, which guaranteed liability protection to gunmakers.
As I recall, this law is similar to one used by small plane manufacturers. Basically, it protects the manufacturers from liability of their products if they are over 18 years of age. The Protection of Lawful Commerce in Arms is similar in nature. It was designed to protect gun makers from being punished for the misues of their products. In general, the law has been upheld as constitutional, with the exception of Gustafson v. Springfield Armory, which is still being litigated. Basically the goal is to end gun ownership by making it impossible to manufacture guns and ammunition. No product means no ownership.
William Yeatman, a research fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies, told the Free Beacon that Smith & Wesson faces an uphill battle, as state law gives Grewal a great deal of discretion in issuing subpoenas.
“In this context, New Jersey has tremendous latitude to investigate,” he said. “Nevertheless, there are limits, and AGs generally aren’t allowed to go on fishing expeditions, especially when constitutional rights are possibly at play.”
And I suspect that is exactly what the Attorney General of New Jersey is playing at. He wants to rampage through Smith & Wesson’s records to see if he can manufacture a case. The fact that Smith & Wesson is fighting back is a big change over what they did back in the Clinton Administration. Basically S&W caved in to the demands of Bubba Horndog and the gun grabbers. This was the period when they put a 10 year ban in place to the purchase of most semi-automatic firearms. That law expired and there has been an explosion, (no pun intended), in the sale of the “American Rifle.” This has driven the Left bonkers, and is why the Blue State AG’s are trying to do anything, legal and, frankly, illegal, to disarm the American people.
It will be very interesting to see how this case proceeds. I do believe that Smith & Wesson’s lawyers are going to be asking some very pointed questions of the AG and his staff, and will be using their own statements against them. I also suspect that we are going to see a case reach the Supreme Court that is well crafted to be used to overturn and put an end to the National Firearms Act, and more importantly, strip a lot of power away from the BATF. I wish Smith & Wesson the best of luck and hope they win.
Thatisall
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