Explore The NRA Universe Of Websites

APPEARS IN News

Judge Allows Canadian Case that Seeks Mandatory “Smart Gun” Tech to Proceed

Sunday, February 21, 2021

Judge Allows Canadian Case that Seeks Mandatory “Smart Gun” Tech to Proceed

This month, a judge hearing a lawsuit in a Canadian court against U.S. gun maker Smith & Wesson issued a decision that could pave the way for mandatory “smart gun” technology on firearms marketed and sold in Canada.

The case arose from the acts of a criminal who used a stolen Smith & Wesson handgun in a 2018 attack in the Ontario district of Danforth.

It is a basic precept of law that a person or entity is not responsible for criminal acts of third parties, unless the person or entity has certain preexisting relationships with the crimes perpetrator or victim.

Nevertheless, gun control advocates have longed for the day when courts will hold firearm manufacturers and dealers responsible for the acts of unaffiliated criminals. The reason is simple: no industry could survive if it were legally liable for the behavior of millions of people it could not control.

In the United States, most suits of this sort are explicitly prohibited by the Protection of Lawful Commerce in Arms Act (PLCAA). Joe Biden has pledged to repeal this law, most recently in statements made earlier this month.

Meanwhile, gun control advocates in Canada are hoping to succeed where their counterparts in the U.S. have failed by suing Smith & Wesson for the crimes of the Danforth killer.

 The plaintiffs claim Smith & Wesson is responsible for the crimes because of “defects” in the design of the handgun the perpetrator used. Those defects, they claim, arose from its lack of “smart gun” technology that limits the firearms operation to an authorized user.

Needless to say, if Smith & Wesson is negligent for this supposed “defect,” so is virtually every other gun maker doing business in Canada. While firearms have occasionally been brought to market that claim to employ some sort of “authorized user technology,” none have captured the confidence or dollars of a critical mass of the gun-buying public to be commercially viable.

 Its easy to see why. First are the technical challenges. A firearm used for self-defense has to work in all weather and all conditions, including when the users hands are gloved, when the non-dominant hand is used, when the firearm is covered in blood or other foreign substances, etc. There is nothing more useless than a firearm that wont operate in the midst of an unpredictable life-threatening emergency.

And its also easy to imagine wanting a friendly bystander to be able to help if the primary defender loses control of a firearm during a struggle. 

There is additionally the fear, well-established with mobile phone technology, that whatever “smart gun” electronics were incorporated into the gun could also be used to gather and report more information accessible to third parties than its user might not appreciate or want. Some proposed “smart gun” designs even allow for remote disabling of the gun.

Cost is another factor, with “smart” features likely to add significantly to the price of a firearm.

For these and other reasons, “smart gun” technology remains mostly a theoretical concept.

But that hasnt stopped gun control advocates – again, including Joe Biden -- from hoping to mandate its use. After all, what gun control advocate doesnt favor a rule that would make firearms more expensive, more difficult to obtain, and less attractive to potential buyers?

Needless to say, the NRA is not against technological advances in firearms that would provide more choices for gun owners, including those who, for whatever reason, believe user-authorized technology would be the right option for them. We do, however, vigorously oppose the government creating mandatory “safety standards” for gun design that are of disputable utility and only limit what kinds of firearms consumers could own.

Canadian law does not require firearms to have “smart” features. Nevertheless, because the technology is at least theoretically available, the judge in the Danforth case said its at least arguable that Smith & Wesson had a legal duty to incorporate it into the firearms it sells. “A manufacturer has a duty to make reasonable efforts to reduce any risk to life and limb that may be inherent in its design,” he wrote.

Its hard to see how it is “reasonable” to claim a manufacturer is culpable for rejecting technology that has failed to gain any appreciable presence or demand in the marketplace. To cite another example, electric cars are far more common than “smart guns,” and they supposedly reduce damaging emissions. But is the maker of a gasoline-powered vehicle therefore legally liable to anybody claiming harm from the C02 it discharges into the atmosphere? The “logic” of this decision would suggest so.

Judicial activism, it seems, is not limited to the United States.

The case is still in an early stage of litigation, and the plaintiffs will have to make challenging showings of fact if the matter ever goes to trial. Nevertheless, the mere expense of defending against litigation can inflict mortal damage to a company or force it to alter its otherwise legal activities. 

You therefore can be sure that gun control advocates in the U.S. are closely watching this case, hoping to gain insights that might provide advantages in their own efforts.

Proponents of the Second Amendments should be watching it, too. 

IN THIS ARTICLE
Canada smart guns
TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.