Explore The NRA Universe Of Websites

APPEARS IN News

Judge Allows Canadian Case that Seeks Mandatory “Smart Gun” Tech to Proceed

Sunday, February 21, 2021

Judge Allows Canadian Case that Seeks Mandatory “Smart Gun” Tech to Proceed

This month, a judge hearing a lawsuit in a Canadian court against U.S. gun maker Smith & Wesson issued a decision that could pave the way for mandatory “smart gun” technology on firearms marketed and sold in Canada.

The case arose from the acts of a criminal who used a stolen Smith & Wesson handgun in a 2018 attack in the Ontario district of Danforth.

It is a basic precept of law that a person or entity is not responsible for criminal acts of third parties, unless the person or entity has certain preexisting relationships with the crimes perpetrator or victim.

Nevertheless, gun control advocates have longed for the day when courts will hold firearm manufacturers and dealers responsible for the acts of unaffiliated criminals. The reason is simple: no industry could survive if it were legally liable for the behavior of millions of people it could not control.

In the United States, most suits of this sort are explicitly prohibited by the Protection of Lawful Commerce in Arms Act (PLCAA). Joe Biden has pledged to repeal this law, most recently in statements made earlier this month.

Meanwhile, gun control advocates in Canada are hoping to succeed where their counterparts in the U.S. have failed by suing Smith & Wesson for the crimes of the Danforth killer.

 The plaintiffs claim Smith & Wesson is responsible for the crimes because of “defects” in the design of the handgun the perpetrator used. Those defects, they claim, arose from its lack of “smart gun” technology that limits the firearms operation to an authorized user.

Needless to say, if Smith & Wesson is negligent for this supposed “defect,” so is virtually every other gun maker doing business in Canada. While firearms have occasionally been brought to market that claim to employ some sort of “authorized user technology,” none have captured the confidence or dollars of a critical mass of the gun-buying public to be commercially viable.

 Its easy to see why. First are the technical challenges. A firearm used for self-defense has to work in all weather and all conditions, including when the users hands are gloved, when the non-dominant hand is used, when the firearm is covered in blood or other foreign substances, etc. There is nothing more useless than a firearm that wont operate in the midst of an unpredictable life-threatening emergency.

And its also easy to imagine wanting a friendly bystander to be able to help if the primary defender loses control of a firearm during a struggle. 

There is additionally the fear, well-established with mobile phone technology, that whatever “smart gun” electronics were incorporated into the gun could also be used to gather and report more information accessible to third parties than its user might not appreciate or want. Some proposed “smart gun” designs even allow for remote disabling of the gun.

Cost is another factor, with “smart” features likely to add significantly to the price of a firearm.

For these and other reasons, “smart gun” technology remains mostly a theoretical concept.

But that hasnt stopped gun control advocates – again, including Joe Biden -- from hoping to mandate its use. After all, what gun control advocate doesnt favor a rule that would make firearms more expensive, more difficult to obtain, and less attractive to potential buyers?

Needless to say, the NRA is not against technological advances in firearms that would provide more choices for gun owners, including those who, for whatever reason, believe user-authorized technology would be the right option for them. We do, however, vigorously oppose the government creating mandatory “safety standards” for gun design that are of disputable utility and only limit what kinds of firearms consumers could own.

Canadian law does not require firearms to have “smart” features. Nevertheless, because the technology is at least theoretically available, the judge in the Danforth case said its at least arguable that Smith & Wesson had a legal duty to incorporate it into the firearms it sells. “A manufacturer has a duty to make reasonable efforts to reduce any risk to life and limb that may be inherent in its design,” he wrote.

Its hard to see how it is “reasonable” to claim a manufacturer is culpable for rejecting technology that has failed to gain any appreciable presence or demand in the marketplace. To cite another example, electric cars are far more common than “smart guns,” and they supposedly reduce damaging emissions. But is the maker of a gasoline-powered vehicle therefore legally liable to anybody claiming harm from the C02 it discharges into the atmosphere? The “logic” of this decision would suggest so.

Judicial activism, it seems, is not limited to the United States.

The case is still in an early stage of litigation, and the plaintiffs will have to make challenging showings of fact if the matter ever goes to trial. Nevertheless, the mere expense of defending against litigation can inflict mortal damage to a company or force it to alter its otherwise legal activities. 

You therefore can be sure that gun control advocates in the U.S. are closely watching this case, hoping to gain insights that might provide advantages in their own efforts.

Proponents of the Second Amendments should be watching it, too. 

IN THIS ARTICLE
Canada smart guns
TRENDING NOW
Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

News  

Monday, September 26, 2022

Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

Last week, a federal judge in the Western District of Texas ruled that a law which prohibits the acquisition of firearms by someone who is under felony indictment violates the Second Amendment. The decision to ...

More Pushback on Credit Card Surveillance of Firearm Buyers

News  

Monday, September 26, 2022

More Pushback on Credit Card Surveillance of Firearm Buyers

As we’ve previously reported, on September 9, the International Organization for Standardization (ISO) approved a Merchant Category Code (MCC) for firearm retailers. MCCs enable payment processors and banks to categorize, monitor, and collect data on various types of ...

Illinois Sets the Stage for Possible Unprecedented Crime Wave

News  

Monday, September 26, 2022

Illinois Sets the Stage for Possible Unprecedented Crime Wave

As part of a criminal justice “reform” effort, the state of Illinois is preparing to unleash the first statewide no-cash bail law, which will go into effect on Jan. 1, 2023, and the ramifications could ...

Update: Further Dispatches from New York’s War on Guns

News  

Monday, September 26, 2022

Update: Further Dispatches from New York’s War on Guns

Speaking about her new gun control legislation, New York State Governor Kathy Hochul claimed that “we took swift and thoughtful action to keep New Yorkers safe…. we will continue leading the way forward and implementing ...

Shipping Companies Prohibit the Lawful Shipping of Firearms

News  

Monday, September 19, 2022

Shipping Companies Prohibit the Lawful Shipping of Firearms

Wondering what federal law says regarding individuals who do not have a Federal Firearms License (FFL) that need to ship firearms? Well, if you go to the website for the Bureau of Alcohol, Tobacco, Firearms and ...

South Carolina: The City of Columbia Passes More Unconstitutional Gun Control

Friday, September 23, 2022

South Carolina: The City of Columbia Passes More Unconstitutional Gun Control

Last week, the Columbia City Council passed Ordinance No.: 2022-080 to require its residents to report their lost or stolen firearms to the police within 24 hours or face up to a $500 fine. This is ...

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

News  

Monday, August 29, 2022

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

When we say “brace yourself,” we’re not kidding. The pistol brace rule is coming as well. But first, a different sort of crackdown was unleashed on the nation this week, as an ATF rule published ...

OREGON: Vote NO on Ballot Measure 114!

News  

Thursday, September 15, 2022

OREGON: Vote NO on Ballot Measure 114!

Ballot Measure 114 is the nation’s most extreme gun control Initiative and will be voted on this November! The NRA has launched a website to inform voters why they must VOTE NO on Ballot Measure 114.  It ...

Join us for the 2022 NRA-ILA Firearms Law & the Second Amendment Symposium on October 8th in Pittsburgh

Tuesday, September 13, 2022

Join us for the 2022 NRA-ILA Firearms Law & the Second Amendment Symposium on October 8th in Pittsburgh

Join us for the 2022 NRA-ILA Firearms Law & The Second Amendment Symposium on Saturday, October 8th, at the Doubletree Hilton Pittsburgh-Green Tree in Pittsburgh, Pennsylvania.

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.