New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

2nd Circuit decision upholding New York’s gun liability law is ‘massive victory,’ state AG says

BY Herschel Smith
3 days, 2 hours ago

Source.

A federal appeals court has rejected a challenge to a New York gun nuisance law that imposes liability for injuries stemming from misconduct in the sale or marketing of firearms.

In a July 10 opinion, the 2nd U.S. Circuit Court of Appeals at New York affirmed dismissal of the lawsuit filed by the National Shooting Sports Foundation and 14 of its members.

The 2021 state law is not preempted by federal law, it does not violate principles of interstate commerce, and it is not void for vagueness, the 2nd Circuit said in an opinion by Judge Eunice C. Lee, an appointee of former President Joe Biden.

Of course Eunice said that. Shutting down firearms manufacturers has always been the holy grail of gun control.

The solution, of course, is to refuse to sell firearms to anyone in the state of New York, including and most importantly, law enforcement.

That is, if firearms manufacturers had scruples and cared more about the second amendment than they do about making money.

James Reeves Crafts a Law to Protect Lawful Commerce in Firearms

BY Herschel Smith
4 months ago

Good jobs James. This is a worthy endeavor for all states. If the behemoth in Washington won’t move, the states can go it alone.

S&W: More Mischief in N.J. Courts

BY Herschel Smith
1 year ago

Not again.

New Jersey officials can pry into gunmaker Smith & Wesson’s internal company documents as part of a long-stalled state fraud probe, a federal appeals court ruled on Tuesday.

The three-judge panel rejected a challenge from the gunmaker in a 2-1 ruling, with the dissenting judge questioning New Jersey’s “novel” efforts to take on the gun industry in court.

It’s over how S&W markets firearms.

Hey, I want to know how household cleaning product manufacturers market their cleaners? After all, they kill more children than anything else.

I hope we don’t see another good gun builder go down the toilet because no one will force states to follow the law.

Small New York Town Devastated as Gun Plant Shuts Down

BY Herschel Smith
1 year, 6 months ago

Epoch Times.

ILION, N.Y.—In the village of Ilion, New York, 80 miles west of the state capital in Albany, residents are mourning the departure of gunmaker Remington Arms Co. after two centuries of continuous operation.

Without fanfare, the company announced last month that the manufacturing plant would be closing its doors on March 4, 2024.

“I feel like a family member has died,” Ilion Mayor John Stephens told The Epoch Times. “My dad raised four kids on a paycheck from there for 37 years. He walked to work and carried his lunch every day.”

Mr. Stephens said no one expected the announcement a week after Thanksgiving that the plant was set to close.

On Nov. 30, at 3:26 p.m., the company notified village officials of the decision by email. The message noted that “all separations” with the village would be completed by March 18, 2024.

Likewise, the company notified its 270 employees that they would soon be out of a job.

“They brought the second and third shifts in and said they were done,” Mr. Stephens said. “They notified the first shift in person. I found out through the media. The owner’s group didn’t even contact me.”

Mr. Stephens said the company made the announcement just five months into a newly ratified employee union contract.

“To say we were shocked [by the announcement] is probably an understatement,” the mayor told Ilion’s Village Board of Trustees at a public meeting on Dec. 11.

“In my opinion, it’s unfortunate and extremely unprofessional.”

Remington Arms didn’t return messages from The Epoch Times asking for comment.

Publicly, the company attributed the plant closure in part to a hostile political climate in Albany regarding firearms production.

“I am writing to inform you that RemArms LLC has decided to close its entire operation at 14 Hoefler Avenue, NY 13357,” Remington Arms said in a letter to employees. “The company expects that operations at the Ilion facility will conclude on or about March 4, 2024.”

The Georgia-based company said it would continue to make firearms at its facility in Huntsville, Alabama, which opened in 2014, a year after New York’s passage of the Safe Act, which created stricter gun laws.

The anti-gun political climate in Democrat-controlled Massachusetts prompted competitor Smith & Wesson to move from its longtime base in Springfield to Maryville, Tennessee. The company announced the opening of its new headquarters there in October.

In Ilion, the community reaction to the Remington plant closure has been a sense of loss and bewilderment, Mr. Stephens said.

Many are wondering what will become of the 10,000-square-foot plant and the village’s Remington identity.

Mr. Stephens said residents see the two as synonymous, interwoven by history, culture, and economics.

“Remington is Ilion—Ilion is Remington,” residents here like to say.

Eric Kennedy, who runs the Copper Cafe in the downtown village retail plaza, believes the ripple effect of the closure would impact the businesses that served Remington employees for years to come.

“I’m sure it will affect us. Any time you lose jobs, it affects the area’s economy. It definitely will hurt the economy—small town, big business in the village. It’s going to hurt a lot of families,” Mr. Kennedy told The Epoch Times.

“New York state is not friendly to hunters and sportsmen. That makes a big impact. I don’t blame [Remington] for moving out of state, [but] it’s going to hurt.”

I’m sure it will hurt and it’s all extremely sad, but there are some lessons. I’m not sure why anyone would be “bewildered” by this move.

Similar to the assembly line workers at Ford and GM who believed they should make enough money to be able to send kids to college, buy a house, buy two or three cars and a boat for the lake, there is no way on earth that the wage structure can support that sort of lifestyle for pistol and gun mechanics. It just can’t and that’s the hard truth. Wages must be set by the market or they won’t last.

In this case it’s surprising they lasted as long as they did. Where Remington moved is a right-to-work state. Where Remington left is an anti-gun, anti-business control freak show. Long ago it should have caused the Remington workers to pause and ponder that they were manufacturing firearms that they weren’t allowed to carry on their persons, or weren’t allowed to carry in their car or into the field. Long ago it should have dawned on them that they were funding with their union dues the very people who would kill their business.

To be sure, corporate missteps are always harmful, but pressing on every American worker is the fact that corporate interests are not their interests. Corporate officers will never put individual workers above the price of stock. Boards of Directors will always incentivize officers to maximize profits, ROE, EBIT and stock prices. That’s what they will do. In response, unions always seem to hurry the demise of corporations. Rather, individual workers must expand their capabilities, improve their standing, earn new credentials and increase their worth. This is the American way.

There is no such thing as a stagnant, reliable work location or job function. They disappear, and workers must be prepared. And if they had wanted to keep jobs as gun mechanics, Remington probably would have been happy to hire them in Alabama.

Liberal activist shareholders set to sue Smith & Wesson as part of ESG push to cripple gun manufacturers

BY Herschel Smith
1 year, 7 months ago

Source.

Liberal activists are preparing to file a lawsuit against the board of one of the largest gun manufacturers in the United States, alleging that the company exposed shareholders to unnecessary liability by selling and promoting AR-15 rifles and thus violating their fiduciary duty.

In a draft of a lawsuit viewed by Fox News Digital expected to be filed this week, liberal activist shareholder plantiffs alleged that the board of Smith & Wesson “knowingly allowed the Company to become exposed to significant liability for intentionally violating federal, state, and local laws through its manufacturing, marketing, and sales of AR-15 style rifles and similar semiautomatic firearms.”

The draft explains that the company’s board has expressed “unwillingness to exercise any oversight whatsoever” when it comes to manufacturing and marketing AR-15s, which the shareholders say has exposed the company to unnecessary liability.

The lawsuit is the latest in a series of moves made by liberal activists across the country using the legal system to go after gun manufacturers as a part of a larger movement known as environmental, social, and governance (ESG), which puts pressure on investors to be more “socially conscious.”

[ … ]

Two of the plaintiffs in the case are led by Sister Judy Byron, an anti-gun activist who recently participated in drafting a statement from the Interfaith Center on Corporate Responsibility, where “investors representing $634 billion in assets” called for pressure on gun manufacturers and companies associated with them “to review their operations, supply chains and policies and take meaningful action on this public safety concern.”

Sisten Judy Byron.  Part of a false and anti-Christian church, pushing a false agenda, destroying the hard work of good men, and ruining the lives of millions.

Here is Jared Yanis on the subject.

S&W will need to play rough in order to turn this threat out before it takes roots or they’ll end up another Remington.  Kill this movement in its infancy inside your group of shareholders.  Hire the best lawyers.  Buy them out.  Boot them out of meetings.  Boot them out of stock ownership if possible.  Amend the rules if needed.

Play rough.  They already are.

Remington Ilion Plan To Shutter The Doors Forever

BY Herschel Smith
1 year, 7 months ago

Source.

A gun factory in upstate New York with a history stretching back to the 19th century is scheduled to close in March, according to a letter from the company to union officials.

RemArms, the current version of Remington Arms, will close its facility in the Mohawk Valley village of Ilion around March 4, according to the letter sent Thursday. The letter said the company “did not arrive at this decision lightly,” according to the Observer-Dispatch of Utica.

Remington, the country’s oldest gun maker, began making flintlock rifles in the region in 1816. The factory site in the village dates to 1828, with many of the current buildings constructed early in the 20th century.

More recently, the company faced temporary closures in Ilion, bankruptcy and legal pressure over the Sandy Hook school massacre. The current company no longer makes the Bushmaster AR-15 rifles used to kill 20 first-graders and six educators in the Sandy Hook shooting in Connecticut in 2012.

Investors doing business as the Roundhill Group purchased the Remington-branded gun-making business, including operations in Ilion and Lenoir City, Tennessee for $13 million. Owners announced plans in 2021 to move the company’s headquarters to Georgia.

Union officials called the news this week disappointing.

“The workers in Ilion enabled RemArms to rise from the ashes of the Remington Arms bankruptcy in 2020-21,” United Mine Workers of America International President Cecil E. Robert said in a prepared statement. “Without these workers and their dedication to producing the best firearms in the world, this company simply would not exist.”

I have a completely different take on things.  First, they had bad lawyers for the Sandy Hook lawsuit. Next, they ensconced in a gun control state and left only when it was too late. Third, they didn’t acknowledge and correct the errors and malfunctions of the Remington 700, even when they duplicated weapon discharge in their own labs without anything even being near the trigger. Fourth, they never got a handle on poor QA.

Fifth, and maybe the most significant error, they never left a union state to move to a right-to-work state. The union can blame it on others all they want to. When you extort employers rather than allow the market to set wages, this is the result.

Beretta Investing $60,000,000 To Build A New Ammunition Plant In Savannah, Georgia

BY Herschel Smith
2 years, 7 months ago

Recoil.

Beretta Holding Group (owner of Beretta, Benelli, Burris, Steiner, and more) announced today their plans to invest $60 million in a state-of-the-art ammunition plant to be located in Savannah, Georgia!

After their recent acquisition of Norma Precision, the Beretta Holding Group now employs over 1,000 people in the USA through Beretta USA, Benelli USA, Burris, Steiner eOptics, and Norma Precision.

Dott. Pietro Gussalli Beretta, President and CEO of Beretta Holding S.A. said:

“I am delighted to announce our commitment to invest $60 million through our newly acquired US ammunition subsidiary, Norma Precision. Together with my Family and Beretta Holding, we are very proud to add ammunition manufacturing to our US presence. That is a very special moment as we can now provide our loyal and dedicated US customers with a full range of locally manufactured premium products spanning from firearms to ammunition and optics, all united under the same Group. We are also supporting the local economic network by creating hundreds of new jobs.”

You were aware that Beretta owned those companies weren’t you, including Benelli?  Now they own Norma Precision.

This is a nice addition to my series on Gun Valley Moves South.

Part I

Part II

Part III

Gun Manufacturers Could Stop The Disarmers

BY Herschel Smith
2 years, 10 months ago

David Codrea.

Licht’s Ronnie Barrett reference, of course, recalls a 2002 letter the President of Barrett Firearms Manufacturing, sent to then-Chief William J. Bratton of the Los Angeles Police Department, about his company’s .50 caliber rifles:

“I will not sell, nor service, my rifles to those seeking to infringe upon the Constitution and the crystal clear rights it affords individuals to own firearms.”

Barrett again sent similar letters, one to the State of California in 2005, the Honolulu Police Department in 2008, and the State of New York in 2013.

I recounted these and more in my 2018 AmmoLand article, “More in the Firearms Industry Should Follow Hornady’s New York Example,” documenting President Steve Hornady’s announcement saying in part:

“Hornady will not knowingly allow our ammunition to be sold to the State of NY or any NY agencies. Their actions are a blatant and disgusting abuse of office and we won’t be associated with a government that acts like that. They should be ashamed.”

Yes they could stop the disarmers, and yes they should be ashamed.  But they’re not – they are only interested in the revenue.  I’ve pointed out that Cloud Defensive has taken such a stand, and it cost them money to do it.

But here’s the question.  We can point to Barrett, Cloud Defensive, Hornady, and a few others, perhaps, but what pistols and rifles do the disarmers shoot?

Until Smith & Wesson, Glock, and a host of other large manufacturers can be persuaded to join the club of those who truly respect the 2A, this effort won’t go anywhere.  It will be symbolic, and not much else.

I think it would be a good thing to do if someone took it on to mail each and every CEO of the manufacturers, but this is too much time for me to spend.  If some enterprising reader wants to start a thread on this, I’ll find a way to host it.

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

BY Herschel Smith
3 years, 6 months 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
3 years, 8 months 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.


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