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
Another Week, Another Democrat Presidential Contender Out to Round Up America's Guns

News  

Sunday, August 18, 2019

Another Week, Another Democrat Presidential Contender Out to Round Up America's Guns

A smart person learns from his mistakes. An even smarter person learns from the mistakes of others.  Beto O’Rourke, an unemployed Texan running for president, must not be too smart.           

Monday, August 19, 2019

Florida Alert! "Assault Weapons" Ban Amendment Bans ALL SEMIAUTOMATIC RIFLES AND SHOTGUNS

The so-called "assault weapons" ban that is proposed for a constitutional amendment to be on the 2020 Election Ballot bans the possession of: “any semiautomatic rifle or shotgun CAPABLE of holding more than ten (10) rounds ...

No, Joe, Your Gun Ban Didn’t Work

News  

Sunday, August 18, 2019

No, Joe, Your Gun Ban Didn’t Work

Joe Biden has been out on the primary campaign trail working hard. Maybe a little too hard. “We got to let them know who we are,” he recently told a crowd of supporters at the Iowa State ...

NRA Member Berated for Carrying Firearm

News  

Friday, August 2, 2019

NRA Member Berated for Carrying Firearm

NRA member Darrell Kennedy was on vacation with his family at Yellowstone National Park earlier this month when an anti-gun vacationer snapped a photo of his holstered firearm and tweeted out a hate message. “Sat ...

Amnesty International’s Desperate Measure

News  

Sunday, August 18, 2019

Amnesty International’s Desperate Measure

There are some odd dynamics in international relations. Countries in which people are not free serve on the UN Human Rights Council. Political considerations guide every action.  Of course, the NRA is a single-issue organization so ...

Sparking Dialogue or Sparking Joy: Competing Views on Gun “Buyback” Initiatives

News  

Sunday, August 18, 2019

Sparking Dialogue or Sparking Joy: Competing Views on Gun “Buyback” Initiatives

The Christian Science Monitor describes itself as “an independent international news organization” that wants to “help you to see news events as starting points for constructive conversations.” Its editorial board recently published an article, A seed for society’s ...

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.

Tell Your U.S. Senators and Representative to Oppose Gun Control

News  

Tuesday, August 13, 2019

Tell Your U.S. Senators and Representative to Oppose Gun Control

In the wake of the recent two criminal mass attacks, a number of gun control proposals have begun to circulate in our nation’s capital. None of these proposals would have prevented the recent tragedies, but they all ...

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

News  

Thursday, August 8, 2019

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

The NRA will work in good faith to pursue real solutions to the epidemic of violence in America.

Bill Clinton Touts Failed Gun Ban With Bogus Info

News  

Tuesday, August 13, 2019

Bill Clinton Touts Failed Gun Ban With Bogus Info

Bill and Hillary Clinton just don’t draw like they used to. Shunned by much of his own party, (described by one Vanity Fair commentator as “2020’s bubonic plague”) the former president has been relegated to providing lazy ...

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.