WILMINGTON, Delaware, Dec 5 – In an unprecedented move, a group of devout Catholic nuns has initiated legal proceedings against the board of Smith & Wesson, urging the firearms manufacturer to cease the production, promotion, and sale of assault-style rifles associated with tragic mass shootings across the United States.
The legal complaint, filed in a Nevada state court, alleges that the intentional violation of federal, state, and local laws by Smith & Wesson’s directors and senior management has left the company exposed to considerable legal repercussions. The nuns contend that the company has inadequately addressed legal challenges stemming from mass shootings.
“These rifles serve no purpose other than facilitating mass murder,” declared the nuns in an official statement.
Smith & Wesson, headquartered in Nevada, has yet to respond to the legal action.
The lawsuit, brought forth by the nuns in their capacity as shareholders of Smith & Wesson, falls under the category of a derivative lawsuit. Such legal actions aim to hold corporate boards accountable for breaches of their duties to shareholders, although boards are generally shielded from lawsuits related to well-intentioned decisions.
If successful, the lawsuit would hold Smith & Wesson’s directors responsible for any expenses incurred due to the allegedly unlawful marketing of assault rifles. However, any damages awarded would be directed to Smith & Wesson rather than the plaintiffs.
This landmark lawsuit represents the first derivative case against a board specifically addressing assault rifles, according to Jeffrey Norton, the attorney representing the nuns.
The nuns argue that Smith & Wesson’s directors have disregarded the escalating legal risks associated with manufacturing assault-style rifles.
While for many years, gun manufacturers enjoyed broad immunity from liability in mass shootings under the 2005 U.S. law known as the Protection of Lawful Commerce in Arms Act, recent developments have shifted this landscape. Last year, rival gunmaker Remington agreed to a $73 million settlement in response to claims from families of the victims of the 2012 shooting at Sandy Hook Elementary School. This has emboldened others to pursue legal action over mass shootings.
Furthermore, states like New York, Illinois, and California have either banned assault rifles or facilitated lawsuits related to their use. Simultaneously, the U.S. Supreme Court and numerous states have moved to expand the rights of gun owners.
In its 2022 annual report, Smith & Wesson cautioned about the potential for substantial damages arising from ongoing legal proceedings against the company.
The lawsuit, initiated by the Adrian Dominican Sisters of Adrian, Michigan; Sisters of Bon Secours USA of Marriottsville, Maryland; Sisters of St. Francis of Philadelphia of Aston, Pennsylvania; and Sisters of the Holy Names of Jesus & Mary, U.S.-Ontario Province of Marylhurst, Oregon, reflects a compelling intersection of faith and activism in pursuit of justice.
Reporting by Tom Hals in Wilmington, Delaware; Editing by Alexia Garamfalvi and Leslie Adler.
