US court says Smith & Wesson must comply with New Jersey subpoena in deceptive advertising probe

abcnews.go.com:

A U.S. appeals court says that Smith & Wesson must comply with a subpoena from New Jersey officials investigating whether the gun-maker engaged in any deceptive advertising

PHILADELPHIA — Smith & Wesson, the gun manufacturer, must comply with a New Jersey subpoena seeking documents as officials investigate whether the company engaged in deceptive advertising, a U.S. appeals court ruled Tuesday.

The documents being sought include anything that suggests the concealed carry of a firearm “enhances one’s lifestyle,” or says it’s safer to draw a gun to confront a perceived threat than to back away. The panel, in a 2-1 vote, rejected the gun-maker’s efforts to have a federal court quash the 2020 subpoena after a New Jersey court refused to do so.

“Litigants get one opportunity to make their arguments. Not two,” Chief Judge Michael A. Chagares of the 3rd U.S. Circuit Court in Philadelphia wrote.

The state is exploring whether Smith & Wesson, through misstatements or knowing omissions, misled consumers about «the safety, benefits, effectiveness, and legality of its products,” thereby violating its Consumer Fraud Act.

The investigation — which is civil, not criminal — began under former New Jersey Attorney General Gurbir Grewal and has continued under his successor, Matthew J. Platkin.

Platkin’s office, in a statement, said the appeals court had “rightly rejected Smith & Wesson’s attempts to undercut the state courts’ confirmation» of New Jersey’s right to investigate potential fraud and misconduct.

Smith & Wesson has argued that state officials are abusing their power by joining forces with Second Amendment foes and violating the company’s free speech and other rights. The company did not immediately return messages seeking