Smith & Wesson must comply with a New Jersey subpoena seeking documents as officials investigate whether the company engaged in deceptive advertising, a U.S. appeals court ruled on June 25.
The state is exploring whether Smith & Wesson, through misstatements or knowing omissions, misled consumers about “the safety, benefits, effectiveness, and legality of its products,” thereby violating the Consumer Fraud Act.
Among the documents, the state is seeking any on whether the concealed carry of a firearm “enhances one’s lifestyle” and whether “it’s safer to confront a perceived threat by drawing a gun instead of moving away and avoiding the possible threat” according to the Associated Press.
In a 2 to 1 vote, a panel rejected the gun-maker’s efforts to have a federal court squash the 2020 subpoena after a New Jersey court refused.
Former New Jersey Attorney General Gurbir Grewal initiated the civil investigation but has continued under his successor, Matthew J. Platkin.
In an online statement, Platkin’s office said, “We are gratified that today, the Third Circuit brought an end to Smith & Wesson’s challenge to New Jersey’s subpoena investigating whether the company engaged in deceptive and unlawful consumer practices. Smith & Wesson lost its case at every level of the New Jersey court system, which concluded that the gun company’s efforts to evade subpoena compliance were meritless.
“The decision shows that Smith & Wesson cannot run to federal court when it did not get its way in state court.
“The Third Circuit, affirming the District of New Jersey’s decision, rightly rejected Smith & Wesson’s attempts to undercut the state courts’ confirmation of New Jersey’s right and duty to investigate potential fraud and misconduct. Let there be no doubt: we look forward to continuing to protect New Jersey consumers by investigating wrongdoing.”
Smith & Wesson previously charged legislators with abusing their power. The company said in a previous filing that the suit sought to “suppress and punish lawful speech regarding gun ownership in order to advance an anti-Second Amendment agenda.”
