NRA Explore
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
Couric’s Under the Gun, Under Fire Again

News  

Friday, August 26, 2016

Couric’s Under the Gun, Under Fire Again

The film Under the Gun, produced and narrated by news anchor Katie Couric and directed by Stephanie Soechtig, took a major credibility hit soon after its May release, when it was revealed that the film ...

Massachusetts AG Renews Attack on Gun Owners

News  

Friday, August 26, 2016

Massachusetts AG Renews Attack on Gun Owners

Last week, Massachusetts Attorney General Maura Healey added to the confusion caused by her decision to unilaterally ban common semi-automatic firearms by releasing a list of “Guns That Are Not Assault Weapons.” In other words, ...

Libertarian VP Candidate William F. Weld Continues to be Anti-Gun

News  

Friday, August 26, 2016

Libertarian VP Candidate William F. Weld Continues to be Anti-Gun

As governor of Massachusetts, William Weld supported various gun control schemes, including a ban on semi-automatic firearms.  Unfortunately, and despite being the Libertarian candidate for vice president, Weld continues his anti-gun ways.

As Venezuelan Regime Loses Grip, Maduro Targets Guns

News  

Friday, August 26, 2016

As Venezuelan Regime Loses Grip, Maduro Targets Guns

Amid social and economic strife that threatens to topple the regime of Nicolas Maduro, the Venezuelan government is employing a favorite tactic of tyrants the world over, further gun control. Last week, Reuters reported that Venezuela Interior ...

News  

Wednesday, August 24, 2016

NRA Statement on Governor Christie's Conditional Vetoes of Anti-Gun Bills

NRA-ILA Executive Director Chris Cox applauds New Jersey Governor Chris Christie's heroic conditional vetoes of two anti-gun bills that would further restrict the rights of firearm owners throughout the Garden State.

Injunction Sought Against Texas Campus Carry Denied by Judge

News  

Friday, August 26, 2016

Injunction Sought Against Texas Campus Carry Denied by Judge

In July, University of Texas at Austin professors Jennifer Lynn Glass, Lisa Moore, and Mia Carter filed suit in the United States District Court for the Western District of Texas against Texas Attorney General Ken Paxton and UT officials to ...

Massachusetts Attorney General Unilaterally Bans Thousands of Previously Legal Guns

News  

Friday, July 22, 2016

Massachusetts Attorney General Unilaterally Bans Thousands of Previously Legal Guns

On July 19, Massachusetts Attorney General Maura Healey issued an “enforcement notice” that greatly expands the Commonwealth’s definition of “assault weapon.”  AG Healey alleges that the ban’s definition of “copy” or “duplicate” “assault weapons” has been misinterpreted ...

California: Counting Down to the end of the 2016 Legislative Session

Friday, August 26, 2016

California: Counting Down to the end of the 2016 Legislative Session

As the California legislature enters the final days of the 2016 legislative session your action is needed on several bills. This week both a pro-gun bill, AB 2510, and an anti-gun bill, SB 1332, were ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Tennessee: Pro-Gun Law to Go into Effect Friday

Wednesday, June 29, 2016

Tennessee: Pro-Gun Law to Go into Effect Friday

During the 2016 Legislative Session, the Tennessee Legislature passed multiple pro-gun bills that promote and protect your Second Amendment rights

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.