Smith & Wesson and Snope cases were both addressed by the US Supreme Court this last week. One was a win and one was not granted certiorari.
SMITH & WESSON
Smith & Wesson won in a 9-0 decision by SCOTUS in its defense of a lawfare case brought by the Mexican Government. It was a rare unanimous decision, stating that Mexico can not successfully sue Smith & Wesson and six other gun companies for the misuse of their products by drug cartels in Mexico. S&W successfully argued that the United States Protection of Lawful Commerce in Arms Act (PLCAA) bars lawsuits against gun manufacturers for the criminal misuse of their products.
This is a major slap down to the First Circuit Court of Appeals which has never met a gun control law it didn’t like. Of course, Bloomberg funded Everytown Law in their support of the Mexican Government case, just like they do for other government agencies across the country.
Writing for the Majority, Justice Kagan makes the points about the lack of plausibility of the aiding and abetting issue:
“Because Mexico’s complaint does not plausibly allege that the defendant gun manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers, PLCAA bars the lawsuit…”
Justice Kagan further made the point about the intent of Congress when it passed the PLCCA:
“This conclusion aligns with PLCAA’s core purpose. Congress enacted PLCAA to halt lawsuits attempting to make gun manufacturers pay for harms resulting from the criminal or unlawful misuse of firearms. Mexico’s suit closely resembles those lawsuits. And while the predicate exception allows some such suits to proceed, accepting Mexico’s theory would swallow most of the rule. The Court doubts Congress intended to draft such a capacious way out of PLCAA, and in fact it did not.”
SNOPE & OCEAN STATE TACTICAL
These are essentially similar cases; Snope is an outright ban on AR-15 rifles, and Ocean State Tacticalis aban against standard-capacity magazines.SCOTUS knows it needs to address these two cases, but for some reason, they are choosing not to do so at this time.
Despite voting against it at this time, in his dissent to the denial of cert, Justice Kavanaugh wrote something very similar to what he wrote two years before the Bruen case was taken up by SCOTUS.
“In short, under this Court’s precedents, the Fourth Circuit’s decision is questionable. Although the Court today denies certiorari, a denial of certiorari does not mean that the Court agrees with a lower-court decision or that the issue is not worthy of review.The AR–15 issue was recently decided by the First Circuit and is currently being considered by several other Courts of Appeals.”…
“…Opinions from other Courts of Appeals should assist this Court’s ultimate decision-making on the AR–15 issue. Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two.”
My best guess is that SCOTUS is looking for a Circuit split, one that most likely will come out of the Third District Court of Appeals. Currently, there is a tie of six each conservative vs liberal judges. POTUS Trump is expected to fill two vacancies on that court shortly. Hopefully, they will be good Pro 2A judges.
IFC TRUSTED PARTNER OF THE WEEK: CROSSROADS SHOOTING SPORTS
CrossRoads Shooting Sports knows that buying a firearm can be intimidating and uncomfortable, especially if it will be your first purchase. Using an online new pistol buying guide can help you sort out the jargon and find out what you need to know before buying, but you’ll still need training and one-to-one support to help you.
When we envisioned CrossRoads Shooting Sports, we had a different model in mind: open, modern, and clean with no attitudes, no pressure, and no gimmicks. Whether it’s your first time holding a firearm or you’re an experienced shooter looking for that latest piece of gear, you will be met by professionals whose only goal is to serve you with a humble spirit. With nearly 17,000 square feet of total space, classroom facilities, and a state-of-the-art indoor shooting range, CrossRoads Shooting Sports is here to meet your needs, at your level, when you are ready.
Ethan Settle of Crossroads Shooting Sports walks us through indoor range time, their facility, AND 2A Week sponsored by Brownells! Seek out Brownells and the landing page for 2A Week. Celebrate, Advocate, Join! A portion of ALL the sales this week at Brownells (through 2/23/25) will go to IFC and others. Use code “Freedom” for discounts when spending over 250 clams… 😉
ATF IGNORES THE COURTS; NRA CLEANS HOUSE; AND 24% OF VOTERS CARRY GUNS
Well, the ATF ignores the Courts, the NRA cleans house, and 24% of November voters carry guns. This last week has been a mixed bag of 2A News for this week’s 2A Wrap-Up, so here we go!
ATF IS IGNORING THE COURTS ON PISTOL BRACES
AmmoLand reported that the ATF just sent a letter to an individual member of Gun Owners of America that states the ATF can still enforce the ban on pistols equipped with stabilizing devices.
“On December 12, 2024, a member of Gun Owners of America received a response to the question posed to ATF, signed not by any identifiable ATF official, but rather generically ‘FIPB,’ standing for ATF’s Firearms Industry Programs Branch (attached with personal information redacted),” GOA Senior Vice President Erich Pratt wrote to Assistant Director, Office of Enforcement Programs and Services Megan Bennett. “In this December 12, 2024 email, FIPB adopted a legal position about pistol braces that is (i) at odds with the opinions of various courts to have considered the Rule, (ii) likely in violation of various injunctions against ATF’s enforcement of the Rule, and (iii) in conflict with the statute and even the Final Rule itself.”
Remember that this is the agency that has killed people in pre-dawn raids when a simple call to them would have accomplished the goal of searching the home. They also gave its outgoing Director an 80% Lower, as a parting gift. We at IFC will monitor this story and update you as it develops.
NRA BOARD OF DIRECTORS IS CLEANING HOUSE
As reported at The Reload, the NRA BOD has ended its relationship with the erratically effective Brewer Law Firm.
The partnership between the National Rifle Association (NRA) and the architect of its legal strategy for the last half-decade is now ending.
Brewer, Attorneys & Counselors announced late last month it will no longer represent the NRA going forward. The firm and its namesake, William Brewer, have been instrumental in direction-defining decisions the gun-rights group has made since its corruption scandal broke into public sight in 2018. Those decisions resulted in the NRA splitting from its top contractor, filing for bankruptcy, wiping out its top leadership–including Wayne LaPierre, and being found liable by a New York jury for failing to protect whistle-blowers during a years-long civil trial.
“With resolve befitting its mission, the NRA stood and fought,” the firm said in a statement on its website. “Six years later, the NRA still stands – and so do the freedoms for which it has long fought. The Firm is proud it represented the NRA in its blockbuster 9-0 Supreme Court victory, its defeat of the NYAG’s ‘corporate death penalty’ and compliance-monitor claims, its separation from corrupt vendors, and dozens of other matters.”
“The greatest reward of this work arrives now: with major litigation threats defeated, the Firm’s work is nearly done,” it added.
Not everyone inside the group agrees, though. While NRA President Bob Barr, former President Charles Cotton, and other longtime board members have remained staunch Brewer supporters through the firm’s tenure, a growing number of board members have questioned Brewer’s legal strategy–with many effectively voting against the firm’s representation in the group’s last meeting. Jeff Knox, an NRA board member and reform leader, said Brewer’s statement showed the firm “would rather ride off into the sunset than be tossed out into the street,” while Rocky Marshall, another reformer board member, labeled it “comical.”
As the Iowa Official NRA State Association, we work closely with NRA staff on a near-daily basis. As the New York AG attack on the NRA is over, it’s heartening to see that the NRA BOD is cleaning house and more effectively administrating its operations.
24% OF VOTERS LAST NOVEMBER REGULARLY CARRY WEAPONS
Taking rights away from an educated public that is actively exercising those rights daily. Dr. Lott is a real asset to the 2A Community and you can follow him on X here.
IFC’S TRUSTED PARTNER OF THE WEEK: CROSSROADS SHOOTING SPORTS
At Crossroads Shooting Sports; We know that buying a firearm can be intimidating and uncomfortable, especially if it will be your first purchase. Using an online new pistol buying guide can help you sort out the jargon and find out what you need to know before buying, but you’ll still need training and one-to-one support to help you.
When we envisioned CrossRoads Shooting Sports, we had a different model in mind: open, modern, and clean with no attitudes, no pressure, and no gimmicks. Whether it’s your first time holding a firearm,or you’re an experienced shooter looking for that latest piece of gear, you will be met by professionals whose only goal is to serve you with a humble spirit. With nearly 17,000 square feet of total space, classroom facilities, and a state-of-the-art indoor shooting range, CrossRoads Shooting Sports is here to meet your needs, at your level, when you are ready.
Please take advantage of your IFC Member discounts when patronizing this great IFC-supporting business.
2A LOBBY DAY AND THE IFC-PAC DINNER
2A Day on February 18th at the State Capitol is fast approaching. Don’t forget to get your tickets now, for the IFC-PAC BBQ Dinner that evening with Iowa Hero, Major Jeff Streucker of Black Hawk Down Fame.
Sig Sauer will be in town on March 18th for a vendor day here at Crossroads!!! There will be special pricing on ALL Sig’s as well as an additional offer for those purchasing P320s and P365s!!!
Come in to see the folks at Crossroads and sign up for IFC at the same time.
WHAT: IFC’s Annual 2A Day FEATURED SPEAKER: Gabby Franco WHERE: The Iowa Capitol WHY: To learn engagement on 2A Issues, learn to meet and influence your Representatives and Senators, share ideas and camaraderie with like-minded civil rights enthusiasts, and support the organizations, businesses, and elected officials that make this all possible.
Gabby Franco is an avid fighter for freedom and our constitutional rights. She experienced firsthand the dangers of socialism and gun control, which turned her homeland, Venezuela, into one of the most dangerous countries in the world. She shares her story worldwide to help others avoid the pitfalls of socialism and gun control. Gabby is the first female shooter to represent Venezuela in the Olympics. She has over 30 years of experience in Olympic, tactical, and practical shooting, knowledge she uses as a firearms instructor nationwide. Gabby published her first shooting manual TroubleShootnig: Mastering your pistol marksmanship, in 2013. She participated in two seasons of the History Channel’s TV competition TOP SHOT and graduated Summa Cum Laude with a bachelor’s in Psychology in May 2023.
IFC will be running a shuttle van from parking lot 16 shown on the map —> throughout the day. 9am to Noon. The van will pick up and drop off in parking lot 16 and the front (west) entrance of the Capitol building. We’ll be using a passenger van with IFC logos on the doors. Flag us down and we’ll give you a lift!
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