Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

California gun control bill would let shooting victims sue firearm manufacturers, sellers

BY Herschel Smith
7 months, 1 week ago

News from the TPRC.

Taking cues from Gov. Gavin Newsom, Democratic lawmakers on Tuesday announced they would introduce legislation allowing private citizens, local governments and the state to sue reckless gun manufacturers.

The proposal is similar to a controversial measure passed by Texas lawmakers last year that allows private citizens to sue those who get abortions or assist others in getting abortions.

After the U.S. Supreme Court upheld the Texas law, Newsom vowed to work with the California Legislature on a bill that would allow private citizens to sue anyone who manufactures, distributes or sells an assault weapon or ghost gun kit or parts in California

Lawmakers said they have been working on the bill since the summer, and it’s modeled on law passed in New York state in July. The New York statute says industry stakeholders can be held liable for the illegal or “unreasonable” sale, manufacture, distribution, importing or marketing of firearms that cause harm to the public as a “public nuisance.”

I’m sure there will be the usual group of Californians who tell me that California still has some good folks, that we just to come alongside then and help them fight.  That may or may not be true – at some point patriots need to cut their losses.

While I’m sure my readers from California won’t like it, there’s a sure-fire way to stop this in its tracks and put an end to this silliness.

Stop selling everything to anyone.  No firearms, no ammunition, no replacement part, no cleaning kits, nothing.  To anyone.  Californians are on this list, to include law enforcement of any kind (local, county, state, or FedGov), and military.  This last part would shut down the Marine Corps Recruit Depot in San Diego, Camp Pendleton, and 29 Palms.

Shut down everything.  No one gets anything if this bill passes.  No guns, no shotgun shells, no bullets, cartridges or powder.  All manufacturers, distributors and FFLs have no choice but to go out of business.  LEOs would be left with batons.

Of course, for this to be effective, all manufacturers would have to do this in unison, and that won’t happen.  The [temporary] saving grace for patriots in California is that manufacturers love money more than they love their product or their clientele.  So Californians will get their stuff, right up until California juries begin awarding $20 million lawsuits against firearms and ammunition manufacturers and they end up going out of business.

Then we all lose.

Remington To Move

BY Herschel Smith
9 months, 1 week ago

The extent of this isn’t clear to me from the article.

Remington Firearms, the country’s oldest gun manufacturer, will be moving its headquarters from Ilion, New York, to Georgia, the company announced Monday.

As part of the deal, the company said it would invest $100 million in the operation and hire 856 people over a five-year period in Troup County.

It was not immediately clear what effect the transfer would have on Remington’s operations in New York and Tennessee. The company owns the parts of the former Remington Outdoor Co. which makes rifles, shotguns, and some handguns after the former parent auctioned its assets in pieces last year during a bankruptcy proceeding in Alabama.

Investors doing business as the Roundhill Group purchased the Remington-branded gun-making business, including operations in Ilion, New York, and Lenoir City, Tennessee, for $13 million.

[ … ]

Phil Smith, a spokesperson for the United Mine Workers of America, which represents some workers at a factory in Ilion, said the union had no information about whether workers in New York would be affected. The new owners recently restarted operations there, calling back more than 200 workers who had been laid off. The local government in New York offered 10 years of tax breaks in exchange for the restart and upgrades.

Well, at this point, you can color me confused.  I don’t know what parts are left after the sale, what is moving, and what they will be manufacturing.

This move is far too late, but I hope they can make a go of it and get back to good guns after Cerberus financially engineered the life out of them.

And if they want to make good stuff without the hassle of a union, getting to a right to work state is the best idea.  Keep the union out.

“We Are Under Attack”: Smith & Wesson CEO Says Gun Legislation Forced The Move Away From Springfield

BY Herschel Smith
10 months, 2 weeks ago

News from Springfield, with some running commentary.

SPRINGFIELD — Smith & Wesson president and CEO Mark Smith says the company doesn’t want to make an enemy of the state of Massachusetts.

But he feels at least some lawmakers have made an enemy of Smith & Wesson with legislation that would ban the manufacture in Massachusetts of firearms that are unlawful to sell here.

The legislation is a response to mass shootings involving semiautomatic rifles made by Smith & Wesson and other companies. Advocates say high-capacity magazines and high rates of fire make the guns too dangerous for civilian hands.

Whether you have enemies is sometimes not up to you.

“We are under attack by the state of Massachusetts,” Smith said Friday.

CEO for two years and operations director for a decade before that, Smith gave a tour of the bustling, half-million-square-foot factory a day after announcing the company would move its headquarters and 550 jobs in production and management to gun-friendly Maryville, Tennessee. It’s not a move the company wanted to make, he said.

It will cost $125 milli million “that I didn’t want to spend,” Smith said.

Riding a wave of brisk gun sales, mostly to first time-buyers, Smith & Wesson said revenue hit $1.1 billion in the most recent fiscal year, up from $529.6 million a year earlier.

“Why would I disrupt that?” he said.

Smith & Wesson said it is relocating a total of 750 jobs to Tennessee from Springfield and its other sites. The company is also closing a plastics factory in Connecticut and a Missouri distribution center it opened in 2019.

Construction in Maryville is expected to begin later in 2021 and be substantially complete by the summer of 2023. No employees will move for two years.

A substantial operation will stay in Springfield, including the forge, machine shop and revolver assembly. There will still be 1,000 jobs here, many of them highly skilled and high-paying, the company said.

I understand the felt need to keep highly skilled revolver mechanics on staff rather than lose them due to a forced move, but this may not be up to S&W.  More on that later.

In just more than three years when the transition is complete, Smith & Wesson’s revolvers will still be manufactured here and stamped “Springfield, Massachusetts.” But the company’s semiautomatic rifles — the industry calls them modern sporting rifles while opponents say assault rifles — and semiautomatic pistols will be made in Tennessee.

News reports from Tennessee said Smith & Wesson may buy the land for only $1. It is part of a larger incentive package that includes seven-year tax abatement that could result in about $8 million in company savings, according to sources The Daily Times granted anonymity because they were not authorized to speak about the deal.

That’s corporate welfare, and in I’m opposed to it.  The move should have been made a very long time ago, and the market should dictate where they move, not incentives.

Smith & Wesson said its move was prompted by legislation proposed earlier this year by Springfield state Rep. Bud L. Williams and others that would outlaw part of its manufacturing business. That includes feeding devices capable of containing 10 or more rounds, trigger pulls requiring pressure less than 10 pounds, threaded barrels that accept silencers and other military-looking hardware.

“They are moving their headquarters. That’s what corporate does. We are trying to save lives,” Williams said this week.

John Rosenthal, a co-founder of Stop Handgun Violence, which backs the bill, said Thursday’s announcement came the same day as the fourth-anniversary of the Las Vegas shooting where a gunman fired on a concert crowd. Fifty-eight people were killed that night, and two others died later. More than 850 were injured.

If that’s what really happened in Las Vegas, then release and honest and true report explaining how the room was spotless after thousands of rounds had been discharged in that room, rather than covered in soot, carbon and powder residue.

Smith said Friday that it was the proposed law that prompted the move. The products the legislation singles out are what consumers want, and they make up 60% percent of Smith & Wesson’s sales, he said. Limiting those products for sale to the military or law enforcement isn’t feasible because Smith & Wesson’s share of those markets is too small.

Be sure to understand that it’s not just the AR-15 suite of products that the communists don’t like in our hands, it’s the M&P pistols too.

Smith — no relation to the company co-founder — said it doesn’t matter that the proposal is just a bill, one of dozens filed each year that often don’t get a hearing, much less a vote on Beacon Hill.

“Honestly, we know we could have defeated it this session,” Smith said. “But it will be back the next session and the session after that.”

It will take years to move the operation, he said. So if the company waited for the bill to pass, it’d be too late.

“I just can’t operate with that big a risk hanging over the company,” he said. “We only started this process once the bill was filed. Then and only then.”

Once Smith and his executives decided they had to move, they found it made sense to close the Missouri and Connecticut plants as well and consolidate some operations in Tennessee.

The plastic parts from Deep River, Connecticut, go into the rifles and pistols, so that needs to be near the assembly lines. The distribution system needed to move from Missouri.

“But it was the need to move from this law that triggered all the other discussions,” Smith said. “We didn’t want to do this.”

The forges, giant steel hammers that shape aluminum or carbon steel, pounding parts out of metal blocks, are hard to move. So are hundreds of computer numerical control milling machines used to shape the metal. That’s why they’ll stay in Springfield.

Revolvers don’t have attributes targeted by the proposed law, so work assembling them will also stay here. It’s painstaking work that takes a great deal of training and experience. Assemblers dry-fire the weapons and adjust them based on the sound of the metallic click until they get it just right. It’s why the jobs that are staying are so highly paid.

You should move everything, excepting nothing at all, not even the heavy equipment.  Oh, and rather than “Revolvers don’t have attributes targeted by the proposed law,” you should have said “Revolvers don’t have attributes targeted by the proposed law at the moment.”  Try, try to understand.  It isn’t just semi-automatics they communists don’t like.  It’s any firearm in the hands of anyone but a state actor.  Semiautomatics are just in line first.  They’ll eventually have the bolt action deer hunting rights locked up tight at a state armory to be checked out only by state-approved hunters for the duration of the hunt.  Anything else that fires a projectile will be anathema in the hands of anyone who isn’t functioning on behalf of the state.

“If I was doing this to save a dime, why would I leave the highest-paid jobs behind?” Smith said. “We love Springfield. We love Mayor (Domenic J.) Sarno. We didn’t want to leave.”

You shouldn’t love him.  He hates you and wants to see you out of business.  And you shouldn’t want to stay in a place like that.

Some workers whose jobs are not moving have asked to relocate anyway. That’ll open up a Springfield position for someone on the relocation list who wants to stay.

“We want to take as many of our workers with us as we can,” he said.

Good.  You should take all of them, and if some don’t want to leave and they happen to be revolver mechanics, then make them understand that they won’t have a job in two years and in the mean time it’s their responsibility to train other revolver mechanics.

“The message is to highlight the area,” he said. “We are going to be talking about what it’s like to raise your family here. We are going to talk about residential prospects, what housing is like.”

Muir said the region sells itself as an outdoor recreation hub close to Knoxville, with the University of Tennessee, and to Nashville.

“Our pitch, at least in Blount County, is that we are the peaceful side of the Smokies,” he said. “Get a cabin and enjoy the mountains peacefully. It’s just a way to get away and relax in a calm area.”

Get out of communist areas like Massachusetts, and towards more liberty.  You won’t regret it.

Smith & Wesson Ditches Massachusetts For Move To Tennessee

BY Herschel Smith
10 months, 2 weeks ago

ZeroHedge.

Less than six months after gunmaker Kimber Mfg. moved from New York to Alabama due in part to ‘gun and business-friendly support’ from the red state, Smith & Wesson is moving out of Massachusetts – and will relocate its headquarters to Maryville, Tennessee in 2023, according to Bloomberg.

The nation’s largest gun manufacturer cited restrictive legislation currently under consideration in Mass., which if enacted, would prohibit the company from manufacturing certain guns in the state they’ve called home for nearly 170 years.

These bills would prevent Smith & Wesson from manufacturing firearms that are legal in almost every state in America and that are safely used by tens of millions of law-abiding citizens every day exercising their Constitutional 2nd Amendment rights, protecting themselves and their families, and enjoying the shooting sports,” said SWBI CEO Mark Smith.

“While we are hopeful that this arbitrary and damaging legislation will be defeated in this session, these products made up over 60% of our revenue last year, and the unfortunate likelihood that such restrictions would be raised again led to a review of the best path forward for Smith & Wesson,” he added.

The move will bring 750 jobs to Maryville, along with a $125 million investment, according to the Wall Street Journal, citing the Tennessee Department of Economic & Community Development.

Lower cost of living was also a factor in the move, according to Smith.

Springfield Mayor Domenic Sarno said in a statement that the move will cost the city 550 job, which he described as ‘devastating’ for the families involved. The city said they would attempt to work with the gunmaker to try and retain 1,000 remaining jobs.

According to a person familiar with the move, the company will keep some production in Springfield.

The good.  S&W is moving.  What took you so long?  You should have made this move a long time ago to grab a part of Gun Valley Moves South (and here is Part II).

The bad.  You should have made this move a long time ago.  You waited too long, just at the time when housing prices are at a peak.

The ugly.  You’re leaving some manufacturing in Massachusetts.  This is a bad move, and you’ll live to regret it, from unionization from one plant to another, to further restrictions on firearms manufacturing.  What – you don’t really think this is the last, do you?  It’s better to get it all done at one time.

Another Firearms Manufacturer In The Cross Hairs

BY Herschel Smith
1 year ago

Via David Codrea, at TTAG.

Last year, then-New Jersey Attorney General Gurbir Grewal subpoenaed Smith & Wesson, trying to force the manufacturer to hand over internal information regarding its marketing practices. The Civilian Disarmament Industrial Complex’s is conducting a coordinated effort to try to skirt the PLCAA’s protections by claiming gun makers are engaging in allegedly false and deceptive advertising.

Smith & Wesson refused to cough up the documents and sued the Garden State to block them. That suit was tossed out and the state filed their own suit to enforce the subpoena. This week, the New Jersey Supreme Court denied Smith & Wesson’s request to stay a lower court’s order to produce the documents, in effect ruling the manufacturer has to produce the documents.

Said the NJ AG, “Getting access to Smith & Wesson’s internal documents was a way “to hold manufacturers liable.”

The problem here is that this is still just about money to the manufacturers, rather than an existential war for survival.  They still want it both ways.  They want to sell firearms in communist states like New Jersey, and they still want to outfit the police state with weaponry, but they don’t like what follows.

When you dance with the devil …

The solution is to refuse to do business in any state like that, whether New York, New Jersey, Connecticut, or wherever.  Not even selling weapons to the police.

Manufacturers are going to have to stay out of such states, and the longer they wait, the better the chance that they end up like Remington.

They have been warned.

Gun Valley Moves South Part 3

BY Herschel Smith
1 year, 2 months ago

Dark Storm Industries moves South.

Dark Storm is a federally licensed firearms manufacturer currently located in New York. The project is expected to create 50 new jobs with an average annual salary of $50,000 and a capital investment of approximately $3.2 million. Products manufactured by the company are shipped across the United States.

“The Space Coast’s diversified manufacturing base is a major reason why we weathered the pandemic and continue to build on our strengths,” said Lynda Weatherman, EDC president and CEO.

“The EDC welcomes Dark Storm and their contributions to our economy, and I want to say how proud I am of the team we were able to put together to attract this growth-oriented company to the Space Coast.”

Founded in 2013, Dark Storm Industries developed the DS-15 line of rifles to meet the changing regulatory environment in states like New York and California.  Dark Storm products are available from leading firearms retailers and distributors nationwide.

“The combination of economics and a friendlier political environment made the decision to build our new headquarters and manufacturing plant in Florida an easy one,” said Edward Newman, Dark Storms co-owner.

“We are excited to join a growing number of gun manufacturers on the Space Coast and look forward to our new facility allowing us to both increase our production capacity as well as develop new and exciting products.”

The facility is expected to create an additional 20 indirect jobs and 17 induced jobs. The combined net new annual wages from all jobs are estimated to be more than $ 4.4 million with a contribution to GDP greater than $9.6 million and a 10-year economic impact in excess of $95 million.

Okay then.  Welcome.  You’ll have to compete with PSA, Daniel Defense, and a host of other manufacturers in the South, so focus on quality and price point.

Prior:

Gun Valley Moves South

Gun Valley Moves South Part 2

Gun Valley Moves South, Part 2

BY Herschel Smith
1 year, 2 months ago

Many firearms manufacturers, from Mossberg (who is now in Texas) to Ruger (who is now in North Carolina) have joined an already large contingent of firearms manufacturers who were born in the South or have made their home here, including Daniel Defense (Georgia), Wilson Combat, (Arkansas), FN (South Carolina), Palmetto State Armory (South Carolina), etc.

Troy Industries may be the most recent to relocate, as they have begun building in Tennessee.

But there is still a large portion of firearms still manufactured in the North.

Based on data from the Bureau of Alcohol, Tobacco, Firearms and Explosives, which analyzed five categories of firearm production (pistols, revolvers, rifles, shotguns and others), the report identified the states where most firearms are manufactured. In 2019, New Hampshire accounted for the most firearm production of any state, with 1.2 million guns, followed by Missouri, Florida, North Carolina and Mississippi. Those five states made up more than half of all licensed firearms produced in the country.

New Hampshire produced the most rifles, at nearly 328,000, and pistols, with more than 700,000, in 2019, while Florida manufactured the most revolvers: nearly 190,000. Texas produced the most shotguns, at about 191,000, while Mississippi followed closely behind with 188,000. The two states made up 79% of all shotgun production in 2019.

I’m not certain who is in Mississippi, Florida or Missouri, but the obvious big actor in New Hampshire is SIG Sauer who has at least six plants in that state, with no manufacturing left in Germany.

Massachusetts also accounts for a large firearms manufacturing portfolio.

The American firearms industry was born in Massachusetts. As recently as 2018 the Commonwealth ranked as the largest producer of guns in America, according to Bloomberg News, accounting for about 1 out of every 4 of guns made each year — including military-assault-style rifles …

The gun industry in Massachusetts is a source of jobs, with companies that make guns that are used for recreational purposes and by officers of the law. But it also manufactures assault-style weapons that are sold to civilians out of state, such as the AR-15.

New Hampshire may be a tough nut to crack, as New Hampshire gun laws are quite favorable, and as best as I can determine, their plants are not unionized.

But this may all be about to come to an end for Smith & Wesson in Massachusetts.

BOSTON — State Rep. Frank Moran and three other Democratic legislators are proposing a bill which would outlaw the manufacturing of assault weapons in Massachusetts that are banned from being sold in the state.

The state has banned civilians from buying or owning assault weapons and high-capacity magazines for decades, but companies like Smith & Wesson, with headquarters in Springfield, can still make the guns in Massachusetts and sell them elsewhere.

Backed by parents who lost children to mass shootings and the Stop Handgun Violence organization, Moran, who represents Lawrence, launched the effort Tuesday with the support of fellow lawmakers. They filed legislation that would extend the existing assault weapon ban to cover the manufacturing of guns sold to civilians.

There are of course a host of ways to address this, including [but not limited to] refusing to sell weapons to police in states that have such bans.

One of the most obvious for S&W will be relocation.  If they can’t fabricate their S&M M&P ARs to sell to anyone but law enforcement, they’ll go bust (at least, this is my prediction).

One has to wonder anyway why they would still wish to be ensconced in a state who doesn’t want them.

Prior: Gun Valley Moves South

CZ Colt Acquisition Update

BY Herschel Smith
1 year, 4 months ago

Ruger’s Plans For Marlin

BY Herschel Smith
1 year, 5 months ago

N.J. asks judge to force gun manufacturer Smith & Wesson to hand over documents on how it markets firearms

BY Herschel Smith
1 year, 5 months ago

News from New Jersey.

New Jersey is asking a judge to force Smith & Wesson Brands Inc. to hand over internal documents, the latest twist in an ongoing legal fight over how the gun manufacturer advertises to residents.

The state first demanded marketing information in October. The Massachusetts-based company sued soon after, arguing that it wasn’t obligated to provide anything.

The gun manufacturer “claims that it is above the law — that it can deceive consumers and potential consumers of its products without consequence,” the state attorney general’s office wrote in court documents filed Friday.

The state’s subpoena was lawful and a court should enforce it, a deputy attorney general wrote.

A spokesman for New Jersey Attorney General Gurbir Grewal declined comment. Smith & Wesson representatives did not respond to a request for comment, nor did they comment on their lawsuit earlier.

The subpoena came after Grewal’s office asked outside lawyers to help investigate how gun companies promote their products.

Smith & Wesson said in its lawsuit that this all amounted to an “unconstitutional fishing expedition” designed to weaken the Second Amendment.

Grewal’s office pushed back, saying last week that state law allowed them to dig into anyone advertising within New Jersey.

The review was not about “the product Smith & Wesson sells, but the representations and omissions in its marketing and advertising,” state officials argued in court documents, and the investigation has shown that some ads “may misrepresent the impact owning a firearm has on personal safety.”

Some Smith & Wesson ads also promoted carrying concealed firearms without mentioning that New Jerseyans needed a permit to conceal carry, state officials wrote.

So get this.  The state of New Jersey wants S&W to inform potential buyers that N.J. required a permit to carry a concealed handgun.  Yes, you read that right.

Two things.  First, to S&W, ignore them.

Second, to S&W, get out of the North.  Leave there forever.  Come South.  You won’t be treated like that here.  You should have learned that by now.  There is no reason for you to stay where you are in a unionized state.

And if that court presses the issue, then inform all law enforcement agencies in N.J. that you will no longer be selling any of your products to them.


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