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
“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

News  

Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity ...

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

News  

Second Amendment  

Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Early this month, members of the gun-control group Prosecutors Against Gun Violence met at a “Manhattan Summit” and took the time to express their dismay and alarm over federal bills proposing national concealed carry reciprocity. ...

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

Yesterday, the state Assembly passed Assembly Bill 7 by a vote of 44 to 29.   AB 424 was not considered during yesterday’s floor session, however it remains eligible for a vote at any time.  

Oregon: Anti-Gun Bill Heads to Senate Floor

Wednesday, April 19, 2017

Oregon: Anti-Gun Bill Heads to Senate Floor

Yesterday, on the deadline for policy bills to move out of committee, the Senate Judiciary Committee voted to pass Senate Bill 719 with its -5 amendment.  Because a number of bills were effectively dead for ...

California: One Gun a Month Bill Passes Senate Public Safety Committee

Tuesday, April 18, 2017

California: One Gun a Month Bill Passes Senate Public Safety Committee

On Tuesday April 18, the Senate Public Safety Committee passed SB 497 by a party-line vote and will be assigned to the Senate Appropriations committee for further consideration.  On Monday, April 17, the Senate Appropriations Committee sent ...

For 2017, A Historic NRA-ILA Leadership Forum

News  

Second Amendment  

Friday, April 21, 2017

For 2017, A Historic NRA-ILA Leadership Forum

For the past decade, NRA-ILA has sponsored leadership forums that have allowed our members to hear directly from national leaders.  Next Friday, that tradition continues and the line up of speakers is top notch.

Pennsylvania: Firearms Preemption Bill Heads to the House Floor Next Week

Wednesday, April 19, 2017

Pennsylvania: Firearms Preemption Bill Heads to the House Floor Next Week

Today, April 19, the House Judiciary Committee passed House Bill 671 by a 20-5 vote. HB 671 is scheduled to go before the full House for consideration next week.  Anti-gun billionaire Michael Bloomberg and the gun ...

Tuesday, April 18, 2017

Florida: Anti-Gun Advocates Working to Change the Florida Constitution

If you believe in Freedom and the Constitution you need to fight for your rights.  The Florida Constitution Revision Commission (CRC) is holding public meetings around the state for public input about making changes to ...

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.

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.