Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA opposes the nomination of Caitlin Halligan to the United States Court of Appeals for the District of Columbia

Monday, December 5, 2011

The following letter was sent to members of the U.S. Senate on December 5.  It follows a similar letter that was sent to members of the Senate Judiciary committee earlier this year.

 

December 5, 2011

Dear Senator:

I am writing to express the National Rifle Association’s opposition to the nomination of Caitlin Halligan to the United States Court of Appeals for the District of Columbia Circuit.

Our opposition is based on Ms. Halligan’s attacks on the Second Amendment rights of law-abiding Americans.  Specifically, she worked to undermine the Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005 with strong bipartisan support.  This legislation was critically important in ending a wave of lawsuits sponsored by anti-gun organizations and governments, which sought to blame firearms manufacturers and dealers for the criminal misuse of their products by third parties.  This bill was an essential protection both for the Second Amendment rights of honest Americans and for the continued existence of the domestic firearms industry as a supplier of arms for our nation’s defense.

Among the governments that sued the industry was the state of New York.  This case was pending while Ms. Halligan was New York’s solicitor general, and she strongly supported the litigation both inside and outside the courtroom. 

Ms. Halligan represented the state in its 2001 lawsuit against numerous gun manufacturers, in which the state argued that the legal sale of handguns created a “public nuisance” under state law.  In a 2003 speech while that case was pending, Ms. Halligan claimed that the PLCAA “would likely cut off at the pass any attempt by States to find solutions—through the legal system or their own state legislatures—that might reduce gun crimes or promote greater responsibility among gun dealers.”  That statement was simply wrong.  The legislation then under debate—like the version that finally passed two years later—only prohibited lawsuits “resulting from the criminal or unlawful misuse” of firearms or ammunition by third parties.  It exempted traditional tort actions against gun makers.  The bill most certainly did not restrict the actions of state legislatures, as the introduction of numerous anti-gun bills in the New York legislature proves each year. 

Ms. Halligan also claimed the PLCAA “would make the gun industry the only industry in the country to be so broadly shielded from lawsuits.”  In fact, Congress had previously passed targeted liability protection for many industries and other enterprises, ranging from aircraft manufacturers to food banks to makers of medical implants.

After passage of the PLCAA, Ms. Halligan participated in the legal attack on the PLCAA.  The state filed an amicus curiae brief in the U.S. Court of Appeals for the Second Circuit supporting New York City’s attack on the law’s constitutionality.  The arguments in that brief were ultimately rejected by the Second Circuit, as they have been by every other appellate court (and every federal court at any level) that has considered the issue.

Given Ms. Halligan’s clear opposition to a major federal law that was essential to protecting law-abiding Americans’ right to keep and bear arms, as well as an important industry that equips our military and law enforcement personnel, we must respectfully oppose her confirmation, including the vote on cloture. 

We greatly appreciate your attention to our concerns.  If you have any questions, please contact NRA Federal Affairs at (202) 651-XXXX.

                                                 Sincerely,

                                                 Chris W. Cox

                                                 Executive Director

                                                 NRA Institute for Legislative Action

 

Click here to see the letter NRA sent to the U.S. Senate in March 2011.

TRENDING NOW
House Passes Concealed Carry Reciprocity

News  

Wednesday, December 6, 2017

House Passes Concealed Carry Reciprocity

The National Rifle Association applauded the United States House of Representatives on Wednesday for passing the most far-reaching expansion of self-defense rights in modern American history. The National Concealed Carry Reciprocity Act of 2017 passed ...

Concealed Carry Reciprocity Passes U.S. House of Representatives!

News  

Thursday, December 7, 2017

Concealed Carry Reciprocity Passes U.S. House of Representatives!

In a resounding show of support for the Second Amendment, the U.S. House of Representatives on Wednesday passed a legislative package that included H.R. 38, the Concealed Carry Reciprocity Act of 2017, and H.R. 4477, ...

Burlington Police Chief Puts New York Politicians Before Vermonters

News  

Thursday, December 7, 2017

Burlington Police Chief Puts New York Politicians Before Vermonters

As H.R. 38, the Concealed Carry Reciprocity Act of 2017, comes closer to becoming law, the arguments against the legislation are increasingly strained. There are disingenuous appeals to federalism by those who would happily burden firearms owners under ...

FACT CHECK: Rep. Thomas Massie Spreading Misinformation About Comprehensive Self-Defense Legislation Pending in Congress

News  

Tuesday, December 5, 2017

FACT CHECK: Rep. Thomas Massie Spreading Misinformation About Comprehensive Self-Defense Legislation Pending in Congress

In a recent Facebook Post, Congressman Thomas Massie (KY-4) included several inaccurate statements about H.R. 4477, the Fix-NICS bill. Below are some facts to set the record straight:

Kicking a Gift Horse in the Teeth

News  

Thursday, December 7, 2017

Kicking a Gift Horse in the Teeth

As we approach the Christmas season and the start of a new year, many of us look for ways to assist the needy and brighten the holidays for those less fortunate. It’s no coincidence that ...

Thursday, December 7, 2017

Florida Action Report: Florida Carry cuts off its nose to spite its face – AGAIN

Once again Florida Carry, Inc. has demonstrated a lack of concern for Concealed Weapons and Firearms License holders.  License holders continue to be abused by law enforcement, prosecutors and the courts.  When firearms, that are ...

U.S. House of Representatives to Vote on H.R. 38, the Concealed Carry Reciprocity Act, Next Week

News  

Friday, December 1, 2017

U.S. House of Representatives to Vote on H.R. 38, the Concealed Carry Reciprocity Act, Next Week

In a huge win for Second Amendment supporters, the U.S. House Judiciary Committee on Wednesday held a mark-up of H.R. 38, the Concealed Carry Reciprocity Act, and favorably reported an amended version of the bill to the full House. 

Rosie O’Donnell and Kim Kardashian West Aren’t Entirely Against Guns, Just You Having Them

News  

Friday, December 1, 2017

Rosie O’Donnell and Kim Kardashian West Aren’t Entirely Against Guns, Just You Having Them

In the late 1990s and early 2000s no celebrity pushed gun control more than comedienne and actress Rosie O’Donnell. Longtime NRA supporters will remember the famous incident in 1999 where the arch-gun control supporter ambushed actor and ...

Wednesday, December 6, 2017

Florida Action Report! Antigun Republicans EXPOSED in Committee Hearing

Three (3) progun bills die at the hands of anti-gun Republicans

Reuniting The United States With Reciprocity

Wednesday, September 20, 2017

Reuniting The United States With Reciprocity

Most concealed-carry permit holders understand the potential pitfalls of traveling with a firearm, given the outrageous patchwork of state laws involved in even a short interstate trip. And while we haven’t posted much about reciprocity ...

MORE TRENDING +
LESS TRENDING -
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.