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Smith and Wesson Suing New Jersey for Unconstitutional Anti-2A Lawfare

New Jersey is filing bogus subpoenas against gun companies.

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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.

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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.

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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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White Pill: Montana House Moves Constitutional Carry Bill Forward

Constitutional Carry is one ray of hope for the Right.

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On January 20, 2021, the Montana House of Representatives passed Constitutional Carry legislation, HB102.

Dean Weingarten of Ammoland.com reported that the bill passed by a 66 to 31 margin.

Weingarten provided some context to the significance of this bill’s progress:

The bill is the accumulation of a decade and a half of struggle against Democrat Governors, who have repeatedly vetoed reform legislation passed with large majorities in the legislature. Numerous sections in the bill show the Montana legislature has learned the lesson from other states as they restore the right to keep and bear arms.

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Montana’s Senate is made up of 31 Republicans and 19 Democrats and Governor Greg Gianforte is a Republican, so the passage of this bill augurs well.  If passed, HB102 would make Montana the 17th Constitutional Carry state.

Montana is already a very gun-friendly state, and represents a low-hanging fruit for Second Amendment activists to tap into.

Constitutional Carry has been one of the most successful movements on the Right over the past twenty years. It’s easy to complain about the corrupt status quo, but there are still plenty of ways right-wingers can score victories. Constitutional Carry is one of them.

It would behoove the Right to analyze existing trends and build off movements that are already producing results. There’s no need to embark on quixotic campaigns that end up being total fools’ errands. Find what’s already working and run with it.

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