LAS VEGAS (KTNV) — Four congregations of Catholic Sisters have filed a lawsuit in Clark County against gun manufacturer Smith & Wesson for "wrongdoing related to the marketing and sale of AR-15-style assault weapons," according to court documents.
The plaintiffs named in the lawsuit include the Adrian Dominican Sisters, Sisters of Bon Secours USA, Sisters of St. Francis of Philadelphia, and Sisters of the Holy Names of Jesus & Mary. The filing also notes that each of the nuns "make these allegations upon personal knowledge as to the facts of their ownership of Smith & Wesson stock."
The lawsuit alleges that Smith & Wesson's Board of Directors and senior management team "knowingly allowed" the company to "become exposed to significant liability" by not "exercising oversight" when AR-15 rifles are "used in mass shootings."
Plaintiffs point to the company's lack of a database monitoring or tracking deaths and injuries caused with Smith & Wesson products.
Another point of contention in the lawsuit involves Smith & Wesson's use of video game-like advertisements to promote firearms. One such advertisement encouraged people to "experience real-life first-person shooting with the Smith & Wesson M&P rifle."
Smith & Wesson's emphasis on marketing strategies that "associate its products with military and law enforcement" create a "halo effect" was also mentioned by plaintiffs.
“Much like the pharmaceutical companies being hammered by civil judgments and fines after enjoying years of profits from the sale of dangerous opioids, Smith & Wesson’s Board willfully ignores the potentially ruinous exposure the Company faces from its marketing and sale of weapons designed specifically for mass killing,” says plaintiff attorney and Newman Ferrara partner, Jeffrey Norton. “We are proud to partner with these congregations of Catholic Sisters who have long sought corporate responsibility through their shareholder activism.”
Smith & Wesson, by law, is protected by the Protection of Lawful Commerce in Arms Act, a Bush-era protection that protects gun manufacturers and dealers from liability when a crime is committed with their products. However, a dealer or manufacturer can still be found liable if a jury finds "negligent entrustment" — or, negligence by providing another person with "dangerous instrumentality."
As of Tuesday, a hearing date has not been set in Clark County District Court.
Channel 13 reached out to Smith & Wesson for comment and received the following response:
“Smith & Wesson is proud to empower law-abiding American citizens with the ability to defend themselves and their families from harm. This activist group is not interested in the best interests of the company or its stockholders. This frivolous lawsuit is simply another instance in their long history of attempting to hijack and abuse the shareholder advocacy process to harm our reputation and company.”
