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
Report: Senior ATF Official Joins (Private) Firearm Prohibition Lobby

News  

Tuesday, September 2, 2025

Report: Senior ATF Official Joins (Private) Firearm Prohibition Lobby

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency whose jurisdiction encompasses federal firearms laws. 

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Wednesday, August 27, 2025

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. New Jersey is an NRA-supported challenge to New Jersey’s prohibitions on so-called “assault firearms” and magazines that can hold more than 10 rounds.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

News  

Monday, August 25, 2025

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

On the heels of the shocking and seemingly random murder of a couple in an Arkansas state park while they were walking a trail with their young children, many are revisiting their self-defense plans in the great ...

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

News  

Tuesday, September 2, 2025

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

Last month, the American Bar Association (ABA), via its Standing Committee on Gun Violence, passed yet another anti-gun resolution at their annual meeting in Toronto (the venue should serve as a clue regarding their commitment ...

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

News  

Monday, August 25, 2025

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

Our friends at the National Shooting Sports Foundation (NSSF) have reported that Everytown, an active and well-funded anti-gun organization, is now purporting to be branching out into teaching gun owners how to safely handle firearms.

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

Tuesday, September 2, 2025

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

On Friday, August 29th, the California Senate and Assembly Appropriations Committees advanced several anti-gun bills that could receive floor votes as early as today. Please use the TAKE ACTION button below to contact your state ...

The Delusion of Ignoring Criminals

News  

Tuesday, September 2, 2025

The Delusion of Ignoring Criminals

Is it something in the water? Officials in Democrat-run strongholds like Chicago are unwilling to accept that their crime problems are the result of their pro-criminal, anti-victim policies, including gun laws that restrict the rights ...

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

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.