Smith & Wesson Treasonous
AGREEMENT BETWEEN SMITH &
THE DEPARTMENTS OF THE TREASURY AND HOUSING AND URBAN DEVELOPMENT,
LOCAL GOVERNMENTS AND STATES
SUMMARY OF TERMS
The city, state, county and federal parties agree to dismiss the parties from
the pending suits and refrain from filing suits against the manufacturer parties
based on an equivalent cause of action.
SAFETY AND DESIGN
All handguns must
meet the following safety and design standards:
Within 12 months, handguns will be designed so they cannot be readily
operated by a child under 6.
All firearms will be subject to a performance test to ensure safety and
All firearms will be subject to a test to ensure they do not fire when
- Second "hidden" serial number,
to prevent criminals from obliterating serial numbers.
- External locking device sold with all
guns within 60 days.
- Internal locking device on all guns
within 24 months.
- Smart Guns -- Authorized User
- Manufacturers commit 2% of annual firearms
revenues to the development of authorized user technology.
- Within 36 months, authorized user
technology will be included in all new firearm models, with the
exception of curios and collectors’ firearms.
- If top eight manufacturers agree,
authorized user technology will be included in all new firearms.
All pistols must
meet the following additional requirements:
- Safety device.
Positive manually operated safety device.
- Magazine disconnectors
must be available on all pistols to customers who desire the feature, within
- Chamber load indicators
on all pistols, showing whether the pistol is loaded, within 12 months.
- Large capacity magazines.
New firearm designs will not be able to accept large-capacity magazines that
were manufactured prior to September 1994. (Manufacture of such magazines has
been prohibited since that date.)
Law enforcement and military exception. If
law enforcement agencies or the military certify the need, exceptions to these
requirements may be made. Manufacturers will ask that these guns not be resold
to the civilian market.
Warnings about safe storage and handling included
with all firearms within six months.
Manufacturers will not sell firearms that can readily be converted into fully
automatic weapons or that are resistant to fingerprints.
SALES AND DISTRIBUTION
Code of Conduct. The
manufacturers will sell only to authorized dealers and distributors and allow
their authorized distributors to sell only to authorized dealers. Authorized
dealers and distributors will agree to a code of conduct. If manufacturers
receive notice of a violation by an authorized dealer or distributor, they will
take action against the dealer or distributor, including termination of sales to
the dealer or distributor. The Oversight Commission will review such actions and
have authority to require termination or suspension if warranted.
The code of conduct will require authorized
dealers and distributors to:
- Gun shows: make
no gun show sales unless all sales at the gun show are completed only
after a background check.
- Brady checks:
wait as long as necessary for a completed Brady check showing that the
purchaser is not a felon or otherwise prohibited before selling a gun to the
- Safety training for purchasers:
transfer firearms only to individuals who have passed certified safety course
or exam and demonstrate to purchasers how to use all safety devices and how to
load, unload, and safely store the firearm before completing the sale.
- Multiple handgun sales: all
purchasers of multiple handguns to take only one handgun from the store on the
day of sale, at which point a multiple sales report will be filed with ATF.
The remainder of the guns can only be collected after 14 days.
- Employee training: require
all employees to attend ATF-approved training and to pass a exam on firearms
laws, straw purchasers, illegal trafficking indicators, and gun safety.
- Insurance: carry
liability insurance where available, with a minimum coverage of $1 million
for each incident.
- Inventory control: maintain
an electronic inventory tracking plan within 24 months
- Security: implement
a security plan for securing firearms.
- Child access: require
persons under 18 to be accompanied by adults in gun stores or gun sections of
- Weapons attractive to criminals: not
sell large capacity magazines or semiautomatic assault weapons.
- Compliance: provide
law enforcement, government regulators, and the Oversight Commission
established in this Agreement with access to documents necessary to determine
compliance; cooperate fully in the Agreement’s Oversight mechanism.
- Crime gun traces:
maintain an electronic record of all ATF trace requests and report trace
requests to manufacturers.
- Indicted dealers: forgo
firearms sales to licensed dealers known to be under indictment.
- Straw purchasers: not
to make sales to straw purchasers.
Manufacturer commitments. Manufacturers
- Provide quarterly sales data to ATF.
- Not market guns in any manner designed to
appeal to juveniles or criminals.
- Refrain from selling any modified/sporterized
semi-automatic pistol of type that cannot be imported into U.S.
- Reaffirm policy of not placing
advertisements in vicinity of schools, high crime zones, and public housing.
- Implement a security plan for securing
- Designate an officer to ensure compliance
with the Agreement.
Corporate responsibility for crime gun traces.
If an authorized dealer or distributor has a disproportionate number of crime
guns traced to it within three years of sale, the manufacturers will take
action, including possible termination or suspension, against the dealer or
distributor. The Oversight Commission will review such actions and have
authority to require termination or suspension if warranted.
Oversight Commission will
be established and empowered to oversee implementation of the Agreement. The
Commission will have five members selected as follows: one by manufacturers; two
by city and county parties; one by state parties; one by ATF. The Commission’s
powers will include the authority to review compliance with the design and
safety requirements, review the safety and training program for dealer and
distributor employees, review manufacturer actions against dealers or
distributors that violate the Agreement or have a disproportionate number of
crime gun traces, and require suspension or termination if warranted.
Role of ATF.
To the extent consistent with law, ATF will work with manufacturers and the
Oversight Commission to assist them in meeting obligations under the Agreement.
ATF will notify the Oversight Commission of certain violations of the Agreement
by distributors and dealers if it uncovers such violations.
Within six months, if technologically available, manufacturers will fire all
firearms before sale and will enter the digital image of the casings in a system
compatible with the National Integrated Ballistics Identification Network and
accessible to ATF. This will enable law enforcement to trace crime guns when
only the bullets or casings are recovered.
Manufacturers shall participate in ATF’s Access 2000 program, which
establishes electronic links with ATF and enables high-speed tracing of crime
The parties will work together to support legislative efforts to reduce firearm
misuse and the development of authorized user technology.
Education trust fund.
Upon resolution of all current city, state, and county lawsuits, manufacturers
will dedicate 1% of overall firearms revenues to an education trust fund.
Most favored entity.
If other manufacturers enter agreements with more expansive design and
distribution reforms, and those manufacturers, along with the manufacturer
parties to this Agreement, account for fifty percent or more of United States
handgun sales, the manufacturer parties to this Agreement will agree to abide by
the same reforms.
The Agreement will be entered into and enforceable as a court order and as a