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
Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

News  

Friday, September 23, 2016

Virginia Politician and Clinton Backer Brands Trump Supporters as “Mentally Deficient”

With the presidential race tighter than ever as it heads into its final stretch, panicked Hillary Clinton supporters are desperate to find a way to discredit, not just Donald Trump, but anyone who would dare ...

Show Your Support—NEW NRA Yard Signs Available!

News  

Friday, September 23, 2016

Show Your Support—NEW NRA Yard Signs Available!

Show your support for NRA and the Second Amendment this election cycle by purchasing an NRA yard sign.  With everything that is at stake this year, including the Presidency, the balance of the U.S. Senate ...

War on Terror or a War on Guns?

News  

Friday, September 23, 2016

War on Terror or a War on Guns?

Sadiq Khan, the mayor of London, was in New York City recently on an official visit. Commenting on the bombs that exploded while he was in town, he opined that such attacks are now simply ...

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

Friday, September 23, 2016

Montana: Bloomberg Targeting Missoula – Your Action Needed NOW!

On Monday, September 26, the Missoula City Council is scheduled to consider an ordinance that would only create a burden for law-abiding citizens and may turn them into criminals if they unknowingly violate the ordinance.

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

Friday, September 23, 2016

California: Final Weekend to Sign Referendum Petitions, Signatures Still Needed

This is the last weekend to sign the referendum petitions! Signatures are still needed to ensure each of the Veto Gunmageddon Referendums qualify for the 2018 ballot.

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

Take Action  

Thursday, September 22, 2016

Get the Official NRA-ILA App for an Exclusive NRA Store Discount!

For a limited time only, the official NRA Store is offering a special deal to anyone who downloads the NRA-ILA App! Once the app is installed on your smartphone, you’ll receive a discount code that you can ...

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Hunting  

Friday, September 23, 2016

Pennsylvania: Semi-Automatic Rifle Hunting Legislation will go to the House Floor Next Week!

Next week, and important pro-hunting reform bill, Senate Bill 737, may be considered in the House of Representatives.  Please call your state Representative and urge them to vote in favor of Senate Bill 737!

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

Wednesday, September 21, 2016

California: Signature Efforts for Veto Gunmageddon Extended to September 24th

If you have not yet signed the petitions to repeal the seven gun bills signed by Governor Jerry Brown earlier this year, please make sure that you do so by September 24th! After that, all ...

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.

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

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.