Smith and Wesson Suing New Jersey for Unconstitutional Anti-2A Lawfare
Richard Moorhead
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Smith and Wesson, a leading American firearm manufacturer in business since 1856, is suing the state of New Jersey for its unconstitutional actions to infringe on the rights of gun manufacturers.
Left-wing anti-gun states have increasingly sought to target gun manufacturers themselves, avoiding the inconvenience of attacking the rights of law-abiding pro Second Amendment patriots themselves. New Jersey Attorney General Gurbir Grewal filed a subpoena against Smith and Wesson in October, demanding that the company hand over documentation of all of its advertising in recent decades.
Grewal is hoping to sue S&W for “false advertising,” a legal strategy that will involve arguing company advertisements which argue guns make residences and individuals safer meets the standard of legal falsehood. Left-wing New Jersey Governor Phil Murphy also mandated that gun manufacturers be shamed in monthly crime reports, holding lawful enterprises responsible for the actions of criminal thugs that acquire and utilize their products, often illegally.
Smith and Wesson’s suit in New Jersey’s federal court district seeks declaratory judgement, calling for the government to declare the subpoena unconstitutional and recognize that the gun manufacturer has the right to free speech- even if it means voicing an opinion that Gurbir Grewal doesn’t like or agree with. “The Subpoena presents no legitimate inquiry into any purported fraud, and instead targets mere opinions and other protected statements allegedly made by Smith & Wesson,” the company argues.
A judgement finding New Jersey’s chilling lawfare against Smith and Wesson unconstitutional could nip ‘false advertising’ gun control efforts in the bud, sending a message to left-wing state attorney generals who want a backdoor to criminalize lawful firearms commerce.
New Jersey already has what some have called the worst gun laws in the country, possibly rivaled only by Massachusetts. Obtaining a permit to possess or concealed carry a gun in New Jersey is notoriously difficult, with the privilege reserved for Democrat insiders, county officials, and politically-connected officials.
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