Judge Allows Lawsuit Against Smith and Wesson to Proceed

A lawsuit against Smith and Wesson over the Chabad of Poway shooting has been allowed to proceed by a California judge Kenneth Medel, in spite of the PLCAA. The Legal wing of the Brady organization is utilizing every bit of lies and misinformation at their disposal to cause it to go forward. The lawsuit claims that Smith and Wesson knowingly manufactured a gun that is easily converted to a machine gun. A California judge initially rejected the liability arguments, saying that “the product liability claim is barred by the PLCAA.” Case title: Goldstein v Earnest. In doing so, the judge didn’t declare the arguments valid (which they are not), just that the lawsuit can proceed.

smith and wesson

Brady alleges that Smith & Wesson “knowingly violated” federal law regarding sales of machine guns to the general public, even though the gun that was used by the attacker was a semi-automatic firearm. Brady’s making the claim that Smith & Wesson knowingly manufactured a gun that could be “readily converted” to fully-automatic fire in violation of the National Firearms Act (the gun used in the Poway shooting wasn’t modified to shoot full-auto, but that’s of no importance to Brady’s argument). If that legal argument were to hold up in court, then the Biden administration and a weaponized ATF would surely declare that all AR-15s and other semi-automatic rifles are also “readily converted” and must be registered under the NFA. Think that’s crazy? David Chipman, the gun control activist who Biden wants to put in charge of the ATF, has already said that in his opinion AR-15s should fall under the NFA, and Brady’s now trying to make the same case to the judge.

Cam Edwards at Bearing Arms

Though Judge Medel threw out the liability portion of the lawsuit, they can still use the argument that Smith and Wesson was “negligent” in manufacturing “a weapon that could be easily modified, including to become an assault weapon under California law, and to fire automatically, effectively prohibited to sell to the general public under federal law (unless the NFA’s requirements were followed).”

The judge also decided that Brady’s contention that Smith and Wesson was “targeting youth with advertisements over social media and through video game-like commercials despite the known risks that young people in that demographic are highly susceptible to that type of advertising and have disproportionately perpetrated mass shootings using similar firearms,” could be used because it fell outside the purview of the PLCAA.

The Chabad of Poway shooter was 19 year old John Earnest, who was a man filled with hate for Jews. It will be extremely difficult for the anti-gun crowd to prove that Smith and Wesson was negligent either in their advertising or with the design of the gun. An AR is a modern sporting rifle, nothing more, nothing less. It’s not a machine gun, despite the constant lies of the left. The Chabad of Poway shooting was the sole responsibility of John Earnest.

H/T Uncle Sam’s Misguided Children


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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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