Can Manufacturers Leverage Government Contracts to Protect 2A?

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This thread spans areas of legal contracts, politics, and 2A activism. Please minimize the political rhetoric so that a constructive conversation can be had regarding creative solutions to averting potential gun control.

Here is what I’ve been thinking... the federal government awards contracts to various gun manufacturers to fulfill requirements for the military, federal law enforcement, and other federal entities. Recognizing that manufacturers make sales to both government and civilians, I suspect they have an interest in protecting the 2A; if for no other reason, their civilian customers like you and me are likely to be more inclined to buy from a manufacturer that takes a pro-2A stance. If you doubt this, feel free to ask people for their opinion regarding Springfield Armory and RRA.

In any case, I believe there is potential for manufacturers to band together and require the federal government to insert a clause into contracts that any future infringements on the 2A will afford the gun manufacturer the option to no longer fulfill orders under the contract. Obviously, there will be nuances which define “infringements” and whatnot. Basically, the message to the federal government would be, “We want to do business with you, but if the federal government makes it difficult for our civilian customers to buy our product or if you impose bans and restrictions that require us to spend time and money retooling, reconfiguring our products, and retraining our employees, try finding someone else.”

The key is that the manufacturers would need to be in unison; otherwise, the government could simply award contracts to those who don’t go along.

If all manufacturers go along, this could cause the bean counters to get fed up when FN, Colt, and H&K stop fulfilling orders for M-4s, M-16s (the USMC still uses M-16s made by FN), M240s, IARs, etc because a clause enables them to back out of contract obligation if there is an infringement. And perhaps these bean counters can put pressure on the politicians and ATF to give it a rest because the unreliability of contracts being fulfilled is causing issues.

Alternatively, the government may be forced to resort to the state producing weapons. I suspect this would be such a disruptive endeavor that accommodating gun manufacturers in order to fulfill orders via contract would be more appealing.

Some will say that the gun manufacturers don’t care about civilian sales and that the vast majority of profits come from government sales. To you, I ask you to show me the statistics to support this. If you can show me something about how 95% of Colt’s sales are to the government, then I’ll give you that. However, I hear lots of people saying things without facts and statistics to support their statements.

This is a conceptual solution. I’ll default to those THR members who are more knowledgeable in law and the gun industry to provide input. If nothing else, I hope this churns the creative juices that we need to deter those wishing to absolve the 2A.
 
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Could they? Yes. Will they? Not in the case of the three you named. There are a number of smaller companies that do that already. BCM, for example. The big ones make too much money on government contracts to care much. I would be shocked if there isn't money and other benefits changing hands under the table too.
 
Barrett did this on a regional level (California sales)

https://barrett.net/purchase/le-and-military-usa/

Look at this page under the bolded paragraph heading "Unit, Department and Agency Sales."

This is what caring for rights is all about. I agree @giggitygiggity there needs to be a coalescence of thought on the subject at hand from all involved in servicing 2A activities.

That is very interesting with Barrett. Since agencies are not subject to the same restrictions as civilians, it does seem like they’re taking a stand against anti-2A utopias. Good for them.
 
I cant see FN or H&K particularly caring about American's rights. CZ/Colt may be a tad more sympathetic. Who even owns S&W these days? Ruger might be onboard since they have little stake in the LE/military market.

Lake City Arsenal is owned by .Gov- they just contract private firms to administer it. Its big enough to water down any attempted boycott by ammo makers.
 
....I believe there is potential for manufacturers to band together and require the federal government to insert a clause into contracts that any future infringements on the 2A will afford the gun manufacturer the option to no longer fulfill orders under the contract. ....

As Eliza Doolittle says in My Fair Lady, "Wouldn't it be lovely....." But aside from the practical difficulties, there are some significant, legal hurdles:

  1. In general, agreements among competing businesses to all do something which will diminish competition are very illegal under a variety of federal and state antitrust laws. While this is often thought of in terms of price fixing, it could also be an issue when competitors agree together to do business with customers only on certain comparable terms.

  2. As far as I know, all these gun manufactures are publicly traded corporations or subsidiaries of publicly traded corporations. There's a general rule that corporate management has a legal, fiduciary obligation to the shareholders of the corporation to preserve and enhance the value of the corporation, i.e., the board of directors is responsible to do its best to cause the corporation to make a profit (within the law).
 
The major companies have to answer to stockholders; if one refuses to sell, the others will GLADLY divvy up the bigger piece of the pie
 
The decision by a group of manufacturers to band together and insert similar language in contracts that would be readily viewed by any reasonable court as anti-competitive would be eagerly greeted by the anti-trust division of DOJ. :p

It is not illegal for a trade association to lobby the federal government on issues of concern to its members, nor would it constitute an anti-competitive measure for the head of a trade association to indicate that its members would view legislation they deemed inimical to their business as a basis for altering terms in dealing with the federal government. However, if they subsequently did so in a manner that suggested a concerted approach, see above.
 
When things become too inconvenient or too costly to produce or procure domestically, those things tend to move overseas. Foreign manufacturers could care less what the American populace thinks or feels on the matter or give two scratches on the infringement of the rights of the people in a far off country.

I personally don’t know if the US Gov would sell out domestic manufacturers. Anecdotal evidence would suggest they wouldn’t lose much sleep over it though.
 
I doubt they would because then there supply would be at the whim of a foreign power. What if one of our enemies influenced or took over a foreign country where we were having our military ammo made?
 
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