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Here's What's At Stake If Smith and Wesson Loses Its Case Against New Jersey
Townhall ^ | May 17, 2021 | Matt Vespa

Posted on 05/18/2021 6:02:29 AM PDT by Hostage

The Protection of Lawful Commerce in Arms Act (PLCAA) has long protected the gun industry from abusive lawsuits that the anti-gun Left would file if they could. No gunmaker can be sued for mass shootings or anything where their products were unknowingly and unwillingly used in a crime. It must be something serious that knowingly selling to FFLs that did business with straw purchasers or worse, sold guns with issues, like defective safeties, and did nothing about it.

These are legitimate legal points from which to file a lawsuit. Suing a gun maker simply because you hate the Second Amendment isn’t in the cards. The anti-gun Left knows this. They know the PLCAA is probably here to stay barring some seismic shift in elections. They still rail against it and call for its repeal. Joe Biden has joined that chorus now. So, how will they get around it? They’re going the consumer protection route. Yes, it’s a ruse – but don’t roll your eyes, folks. We have scored landmark rulings in support of gun rights in years past. The legal route is stacked against them in a lot of ways, not least because the judiciary got a facelift under Trump. There are clear rulings concerning the constitutionality of gun ownership not connected to service in a militia. So, the Left is trying to make the argument that gun manufacturers committed consumer fraud through their speech – and therefore, that’s not protected under the First Amendment and a criminal offense that could open the way for lawsuits. This brings us to New Jersey where the state attorney general, Gurbir Grewal, is leading the charge in trying to shred gun rights through this route.

Smith and Wesson filed suit against the New Jersey state Attorney General Grewel after he subpoenaed the company, asking for, among other things, materials regarding their marketing strategy – and ostensibly challenges whether owning a firearm is a “lifestyle” choice, and therefore violates the state’s consumer fraud laws. The anti-gun Left wants to know the inner workings of the gun industry and because it’s a state investigation, the threshold isn’t high for these folks regarding securing such a wide-ranging probe. They then, pawn this information off to their allies in the trial lawyers’ corps which the State of New Jersey names on the “approved special counsel list” on their attorney general’s website.

This isn’t a secret. It’s just not being reported. At the heart of the case, is the New Jersey Attorney General’s position that any opinion that a firearm can be used for self-defense is fraudulent. That’s what’s going to be argued. Oral arguments in Smith & Wesson v. Grewel begin today in district court.

Follow this link for the background on why this case is important:
https://townhall.com/tipsheet/mattvespa/2021/05/17/how-the-antigun-left-is-trying-to-chop-the-gun-industry-at-its-knees


TOPICS: Extended News; News/Current Events
KEYWORDS: banglist; constitution; newjersey; plcaa
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America is in the middle of a Marxist takeover, going from Stage 2 (Destabilization) to Stage 3 (Crisis) inside a four-stage Marxist playbook.

The 2nd Amendment is the backstop to Marxist assaults on liberty and must eventually emerge at the forefront in a Marxist revolution. For now, Americans focus on the possibly misguided belief in fair elections for 2022.

The State of New Jersey is attempting to insert a Trojan Horse into the gun control debate via consumer fraud arguments. If they are successful, the doors will be open to sue gun manufacturers for any claims they make concerning their products.

Death by a thousand cuts.

1 posted on 05/18/2021 6:02:29 AM PDT by Hostage
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To: Hostage

I always knew it would be new Jersey that brought down the United states.


2 posted on 05/18/2021 6:05:25 AM PDT by Celerity
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To: Hostage

Yes. Death by a thousand cuts indeed. The gun manufacturers can only withstand so much litigation before they go broke defending themselves. The Supreme Court of the US that supposedly backs the bill of Rights needs to intervene to protect those that manufacture goods PROTECTED by the Bill Of Rights.


3 posted on 05/18/2021 6:08:29 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: Hostage

Ban cars and planes and anything else that can be used to harm people; it’s not the device but the user that’s responsible.


4 posted on 05/18/2021 6:13:58 AM PDT by SkyDancer (I Identify As Vaccinated)
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To: Hostage

Buying a BMW or a Ferrari is also a “Lifestyle” choice....

HOW does any state make such a law????????


5 posted on 05/18/2021 6:14:26 AM PDT by ridesthemiles ( )
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To: Hostage

What about car makers? Can they be sued when a drunk driver takes someone out? Or when an idiot drives into a crowd to hurt people?


6 posted on 05/18/2021 6:24:01 AM PDT by TiGuy22
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To: Hostage

If such a law/resolution was to pass it would be an amazingly slick slippery slope, with the simple aim of simply killing off gun companies financially.

As an aside - remember that at one time Britain and Australia had generally available gun-ownership.

At one time.


7 posted on 05/18/2021 6:27:42 AM PDT by spetznaz (Nuclear-tipped Ballistic Missiles: The Ultimate Phallic Symbol)
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To: Hostage

So then GM will be sued for drunk driving accidents...and Quaker Oats will be sued for obesity...


8 posted on 05/18/2021 6:30:39 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Hostage

So with this logic, If someone uses a GMC truck as a killing machine and intentionally mows down people on the sidewalk, GMC can be sued because their product was used for murder ?


9 posted on 05/18/2021 6:38:53 AM PDT by The Sentient Sheep
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To: Hostage

Thanks, bfl.


10 posted on 05/18/2021 6:41:44 AM PDT by frog in a pot (Biden didn't win the election but he and his anti-MAGA crew did win the WH, shame on the U.S.)
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To: Hostage

“ At the heart of the case, is the New Jersey Attorney General’s position that any opinion that a firearm can be used for self-defense is fraudulent.”

How can that opinion possibly be considered rational?


11 posted on 05/18/2021 6:43:10 AM PDT by SoCal Pubbie
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To: Hostage

So it is New Jersey’s opinion that a firearm cannot be used for self defense? That’s a seriously strange form of delusion.


12 posted on 05/18/2021 6:48:38 AM PDT by Bloody Sam Roberts (If liberals had a conscience, they wouldn't be liberals.)
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To: The Sentient Sheep
So with this logic, If someone uses a GMC truck as a killing machine and intentionally mows down people on the sidewalk, GMC can be sued because their product was used for murder ?

...and if the vehicle is a police car that crashes into someone, the manufacturer will be sued, forcing them to stop selling vehicles to police departments.

...and if the shooter of a criminal is police officer, the gun manufacturer will be sued, forcing them to stop selling firearms to police departments.

...and airplanes, pharmaceuticals, etc. The Left wants to bastardize the Law for their own gain but once bastardized, it affects all of it.

13 posted on 05/18/2021 6:49:42 AM PDT by T.B. Yoits
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To: SoCal Pubbie

“ At the heart of the case, is the New Jersey Attorney General’s position that any opinion that a firearm can be used for self-defense is fraudulent.”
= = =

So, how about those armed cops all around the courtroom?


14 posted on 05/18/2021 7:20:54 AM PDT by Scrambler Bob
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To: TiGuy22
What about car makers? Can they be sued when a drunk driver takes someone out? Or when an idiot drives into a crowd to hurt people?

Not only that, but automakers produce cars that can (gasp) exceed any legal speed in the U.S.

15 posted on 05/18/2021 8:44:50 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: Hostage
I've long thought that gun manufactures should not sell any guns to the state of new york, new jersey, or california unless they are black powder muzzle loaders.
16 posted on 05/18/2021 8:46:30 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: Celerity

Hey I live here and I’m tired of hearing the anti-New Jersey s**t.
We’re not all liberals here.

You want to bitch? Take it out on California.


17 posted on 05/18/2021 10:26:26 PM PDT by jmacusa (America. Founded by geniuses . Now governed by idiots.)
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To: zeugma
I've long thought that gun manufactures should not sell any guns to the state of new york, new jersey, or california unless they are black powder muzzle loaders.

Barrett does that. Unfortunately, none of the other manufacturers have the balls to do so.
18 posted on 05/19/2021 7:44:10 PM PDT by Svartalfiar
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To: Hostage
At the heart of the case, is the New Jersey Attorney General’s position that any opinion that a firearm can be used for self-defense is fraudulent. That’s what’s going to be argued.

A better researcher than I could provide a thousand examples in a good day of work why the AG is full of... stuff. It is a ridiculous argument.

19 posted on 05/20/2021 8:43:51 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: jmacusa
You want to bitch? Take it out on California.

No. Jersey, Calie, NY, Mass etc all have it coming.

20 posted on 05/20/2021 9:01:08 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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