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State asks judge to force gun manufacturer Smith & Wesson to hand over documents on how it markets firearms

Reptile

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New Jersey is asking a judge to force Smith & Wesson Brands Inc. to hand over internal documents, the latest twist in an ongoing legal fight over how the gun manufacturer advertises to residents.

The state first demanded marketing information in October. The Springfield-based company sued soon after, arguing that it wasn’t obligated to provide anything.

The gun manufacturer “claims that it is above the law — that it can deceive consumers and potential consumers of its products without consequence,” the state attorney general’s office wrote in court documents filed Friday.

The state’s subpoena was lawful and a court should enforce it, a deputy attorney general wrote.


A spokesman for New Jersey Attorney General Gurbir Grewal declined comment. Smith & Wesson representatives did not respond to a request for comment, nor did they comment on their lawsuit earlier.


The subpoena came after Grewal’s office asked outside lawyers to help investigate how gun companies promote their products.


Smith & Wesson said in its lawsuit that this all amounted to an “unconstitutional fishing expedition” designed to weaken the Second Amendment.


Grewal’s office pushed back, saying last week that state law allowed them to dig into anyone advertising within New Jersey.


The review was not about “the product Smith & Wesson sells, but the representations and omissions in its marketing and advertising,” state officials argued in court documents, and the investigation has shown that some ads “may misrepresent the impact owning a firearm has on personal safety.”


Some Smith & Wesson ads also promoted carrying concealed firearms without mentioning that New Jerseyans needed a permit to conceal carry, state officials wrote.


Grewal’s office asked that Smith & Wesson be held in contempt of court for ignoring the subpoena.

 
I’m no Marketeer, but I’ve worked closely with them in medical products for decades. Knowing what makes customers tick and how to evoke the feelings that make them buy your product is a very complicated and expensive endeavor. And how that information is used is not always pretty.

My company tends to buy small competitors rather than compete with them. Why? The company can raise $500 million from investors to buy a company with $100 million in sales more readily than it can spend $1 million in operating expenses to compete with them. But then we end up with 2-3 products that are very similar.

How do we figure out how to sell them all? We do Market Research to find out what top 2-3 things evoke feeling in customers. Then we assign marketing campaigns to each product. Rather randomly. Customers desire and differentiate functionality and versatility? Then that’s what our two products do - and here’s why. We don’t make products that meet customer needs, we make customers need our products.

Dark alleys at night, single moms with children clutching them - all images that evoke emotions that drive pistol sales. Independence, freedom, liberty, flags drive emotions. Operators in web gear, NVGs - a different emotion driving AR sales.

Expect NJ to link S&W’s marketing to 1–06 Capitol Insurrectionists, Qanon, III%, Oathkeepers, etc. for the same reason - to evoke emotion in the jury. NJ ties for lowest gun ownership in the US at ~15% of homes. The odds of seeing a gun owner on the jury are near zero.

I expect social media to start censoring opposition to Biden’s gun control EOs and proposed laws, including exempting S&W from legal protection for gun sales.

I expect S&W to cave - again - if the lawsuit reaches trial.

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