US court says Smith & Wesson must comply with New Jersey subpoena in deceptive advertising probe

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A U.S. appeals court says that gunmaker Smith & Wesson must comply with a subpoena from New Jersey officials investigating whether the company engaged in any deceptive advertising. The appeals court has rejected the company's efforts to have a federal court quash the 2020 subpoena after a state court refused to do so.

PHILADELPHIA — Smith & Wesson, the gun manufacturer, must comply with a New Jersey subpoena seeking documents as officials investigate whether the company engaged in deceptive advertising that violates state consumer protection laws, a U.S. appeals court ruled Tuesday.

“Litigants get one opportunity to make their arguments. Not two,” Chief Judge Michael A. Chagares of the 3rd U.S. Circuit Court in Philadelphia wrote. Among the documents the state sought was anything on whether 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.

 

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