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Catholic nuns sue Smith & Wesson board over assault weapons

Dec 06, 2023

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In a first-of-its-kind lawsuit over assault-style weapons, a group of Catholic nuns — who are Smith & Wesson shareholders — is suing the board of directors at the gun manufacturer to halt the production and sale of popular firearms. In the Tuesday, Dec. 5, filing, the nuns allege that the Smith & Wesson board ignored legal risk, exposing the company to liability by making, selling and illegally marketing AR-15-style rifles.

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The lawsuit was brought by:

The AR-15 has become more popular in the U.S. since the 1994 assault weapons ban expired in 2004. The gun has been used in a number of mass shootings in the U.S. since the ban expired, including in the 2022 Robb Elementary School shooting in Uvalde, Texas, which killed 19 children and two teachers.

“These rifles have no purpose other than mass murder,” the nuns said in a statement to Reuters.

Gun rights advocates say the rifles are used for hunting, target practice, and self defense.

The nuns filed what is called a derivative lawsuit in Nevada state court, where the gun-maker is headquartered. Derivative suits are aimed at holding corporate boards accountable for breaching their duty to shareholders.

If the nuns win, the lawsuit would hold the directors liable for any costs that come with the alleged illegal marketing of assault weapons. But rather than damages paid to the plaintiffs, in this case, damages would be paid directly to Smith & Wesson.

Smith & Wesson also faces a legal challenge brought this year by  victims of the Highland Park mass shooting, alleging the company unlawfully marketed the type of assault weapon used by the shooter.

The lawsuit also comes nearly a year after families of victims from the Sandy Hook Elementary School shooting settled for $73 million with Remington Arms, the maker of the rifle used to kill 20 children and six educators at the Connecticut elementary school in 2012.

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NUNS AGAINST ASSAULT WEAPONS.

IN FIRST OF ITS KIND LAWSUIT OVER SO-CALLED ASSAULT WEAPONS , A GROUP OF CATHOLIC NUNS – WHO ARE SMITH AND WESSON SHAREHOLDERS – IS SUING THE BOARD OF DIRECTORS AT THE GUN MANUFACTURER TO HALT THE PRODUCTION AND SALE OF POPULAR  FIREARMS.

THE NUNS ALLEGE THAT THE BOARD OF DIRECTORS FOR SMITH AND WESSON IGNORED LEGAL RISK, EXPOSING THE COMPANY TO LIABILITY BY MAKING, SELLING, AND ILLEGALLY MARKETING AR-15-STYLE RIFLES.

THE AR-15 HAS BECOME MORE POPULAR AND MORE COMMON IN THE U-S SINCE THE 19-94 ASSAULT WEAPONS BAN EXPIRED IN 2004, AND HAS BEEN USED IN A NUMBER OF MASS SHOOTINGS IN THE U-S.

INCLUDING IN THE 20-22 ROBB ELEMENTARY SCHOOL SHOOTING IN UVALDE TEXAS KILLING 19 CHILDREN AND TWO TEACHERS.

IN A STATEMENT TO REUTERS THE NUNS SAID QUOTE:

“THESE RIFLES HAVE NO PURPOSE OTHER THAN MASS MURDER.”

GUN RIGHTS ADVOCATES SAY THE RIFLES ARE USED FOR HUNTING, TARGET PRACTICE, AND SELF DEFENSE.

THE NUNS FILED WHAT IS CALLED A DERIVATIVE LAWSUIT IN NEVADA STATE COURT, WHERE THE GUN MAKER IS HEADQUARTERED.

DERIVATIVE SUITS ARE  AIMED AT HOLDING CORPORATE BOARDS ACCOUNTABLE FOR BREACHING THEIR DUTY TO SHAREHOLDERS.

IF THE NUNS WIN, THE LAWSUIT WOULD HOLD THE DIRECTORS LIABLE FOR ANY COSTS THAT COME WITH THE ALLEGED ILLEGAL MARKETING OF ASSAULT WEAPONS.

BUT RATHER THAN DAMAGES PAID TO THE PLAINTIFFS, IN THIS CASE DAMAGES WOULD BE PAID DIRECTLY TO SMITH AND WESSON.

SMITH AND WESSON ALSO FACES A LEGAL CHALLENGE BROUGHT THIS YEAR BY  VICTIMS OF THE HIGHLAND PARK MASS SHOOTING ALLEGING THE COMPANY UNLAWFULLY MARKETED THE TYPE OF ASSAULT WEAPON USED BY THE SHOOTER.

THE LAWSUIT ALSO COMES NEARLY A YEAR AFTER SANDY HOOK FAMILIES SETTLED FOR 73-MILLION** DOLLARS WITH REMINGTON ARMS, THE MAKER OF THE RIFLE USED TO KILL 20 CHILDREN AND SIX EDUCATORS AT THE CONNECTICUT ELEMENTARY SCHOOL IN 2012.