California Judge Allows Lawsuit Against Smith & Wesson

| July 8, 2021


Public Law No: 109-92 (10/26/2005)
Protection of Lawful Commerce in Arms Act – (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed.

Congress.gov

Gun Grabbers found an activist judge in California, of all places. A state judge in San Diego has ruled that victims and survivors of a 2019 mass shooting at a California synagogue can go forward with a lawsuit accusing firearms manufacturer Smith & Wesson of negligently marketing the AR-15 style semiautomatic rifle used by the shooter.

Poetrooper sends.

California Judge Gives Green Light To Lawsuit Against Smith & Wesson

By Cam Edwards

The gun control group Brady is crowing over a decision by a California Superior Court judge to allow a lawsuit against Smith & Wesson and a California gun store to proceed, despite arguments from the firearms manufacturer that the Protection of Lawful Commerce in Arms Act should preclude the litigation from moving forward.

The civil suit was brought by family members of victims of the shooting at the Chabad of Poway synagogue in Poway, California in 2019, but the legal wing of Brady is taking a leading role in the litigation; part of the group’s efforts to use the courts to hold gun makers responsible for the acts of criminals.

You can read the judge’s decision for yourself here, but there are a couple of things worth pointing out.

The Brady Bunch are hanging their case on S&W advertising practices. Good luck with that.

Bearing Arms.com

Thanks, Poe.

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UpNorth

The liberal “Laws for thee, but not for me” ideology rears it’s stupid head, again.

Stacy0311

Gonna suck for the plaintiffs when it gets tossed and they’re on the hook for the defendants legal fees. Happened in Colorado with the jackass who shot up the theater.

Brady bunch encouraged them. And then when they were on the hook for several thousand in legal fees the Brady bunch said “You’re on your own”

A Proud Infidel®™

Since when has the Brady bunch given even half a roach shit about anyone but themselves?

rgr769

The only thing the Brady bunch gives a shit about is disarming law abiding citizens. The bodies of those killed by criminals using firearms are irrelevant to these Progs. One never hears them squawking about the pavement dwellers killing black children in Shotcago. They don’t want to look into the backgrounds of the criminals pulling the triggers cuz it doesn’t fit the narrative against an inanimate object.

A Proud Infidel®™

I concur 100% with what you say.

Poetrooper

So S&W’s advertising targets a younger audience that is particularly susceptible to the allure of firearms violence? Would that be the same younger audience that is purposely targeted by the entertainment industry with a continuous stream of firearms porn that flows non-stop from California in the form of movies and television shows? Or hyper-realistic computer games of incredible violence produced by high tech industries? Which of those media forms do you suppose plays more of… Read more »

Penguinman000

To be fair, video games and movies don’t cause people to perpetrate crime anymore than guns cause crime. Hate is in the heart. Not in a video game, movie or a tool.

Poetrooper

Penguinman, I was simply pointing out the dichotomy of the liberal argument…

penguinman000

Apparently nuance escapes me when I can’t sleep.

Forest Bondurant

^^^ Precisely.

Of course, then we have the Hollywood actors (i.e., Liam Neeson) and others who are very vocal about being against guns and violence, yet most of their movies depict their characters killing everyone in site and causing general mayhem.

MI Ranger

But he has a very particular set of skills!

A Proud Infidel®™

NOT to mention that those candyassed pampered prissyasses also live in gated communities protected by Armed guards!

Penguinman000

Buy SWBI stock after the market panic. This law suit is going to end up tossed.

Penguinman000

If you are pro 2nd you should be putting your money where your mouth is. Spend a few $$ every pay period to buy their stock. There are only 2 publicly traded firearms manufacturers in the US. And only a handful of ammo manufacturers. All of the stock is very affordable. If lots of us spend a few $$ consistently the stock price goes up and shows in demonstrable terms what we support. Money speaks… Read more »

Roh-Dog

As an owner of Vista Outdoors and S&W I can attest to the benefit of the last year’s surge in share price.
8 million new gun owners can’t be wrong!
(We will see what the future holds tho. I’m worried most of the run up is over so I sold to cover initial investment, which makes them ‘free’. Ymmv, not financial advice. Do ur own dd)

The Other Whitey

I really thought I could outlast the hippies, commies, and other subversive asswipes in my home state, but I was wrong. These people are not the majority in California, but it doesn’t really matter, because they do represent the shotcallers. For 37 years I have watched California devolve from a pretty great place to live in my childhood to the intolerable, overpriced, overtaxed, increasingly-authoritarian Democrat-dictated shithole it is today. I made over $125k last year… Read more »

Sparks

Thank you Sir. Well said and thank you.

UpNorth

👍🏼 TOW.

MI Ranger

Sooo I am confused, not being a lawyer myself, the plaintiffs seem to be relying on the argument that the gun sold is easily modified to being full auto…which makes it illegal to sell in California (or anywhere else)…but admit it was not! They also claim that Protection of Lawful commerce in Arms clause does not apply because the gun was marketed as full auto which is illegal…not to mention some funny business about when… Read more »

rgr769

An AR-15, in my understanding, cannot be easily modified to full auto, unless one adds a bump stock. To change the internal configuration of an AR-16 receiver to become full auto one needs a milling machine. Moreover, everyone who has ever fired an M-16, CAR-15 or M-4 on full auto knows it is an ineffective way to kill or wound the targeted people. Spray and pray is only useful at hitting things not in your… Read more »

Pave Pusher

A ‘bump stock’ does NOT make an AR-15 “full auto” in any way, shape or form.

rgr769

I don’t disagree with regard to how the rifle functions. But it does have the spray and pray like operation, just more inaccurately.

Docduracoat

I would disagree with you on the full auto modification.
There is a thing called a “ drop in auto sear”
These are a bent piece of wire or metal that you can add to the trigger group inside an AR 15 and convert it to full auto fire.
These are numbered and registered as machine guns and cost over $25,000 each.
You could illegally make one from a coat hanger.

USMC Steve

The libtard hope is to bankrupt the companies with lawsuits. But one can hope that S&W will then turn around and counter sue for punitive damages as well as anything their able covey of lawyers can come up with. If the antigun assholes run outta money, they will have to shut up for a while.

President Elect Toxic Deplorable Racist SAH Neanderthal B Woodman Domestic Violent Extremist SuperStraight

Turn about is fair play.

Pave Pusher

Well, Cali has long been a steaming pile of Fascist bovine excrement….