Explore The NRA Universe Of Websites

APPEARS IN News Second Amendment

Judges Matter: Contrasting Court Decisions Demonstrate Importance of Judiciary to Second Amendment Rights

Tuesday, May 21, 2019

Judges Matter: Contrasting Court Decisions Demonstrate Importance of Judiciary to Second Amendment Rights

I’ve said it before: President Trump’s nomination of conservative judges may well be his most important legacy.

Here, “conservative” does not refer to political ideology. It means a legal philosophy that seeks fidelity to the Constitution’s original meaning and the plain text of our laws.

This contrasts with “progressive” jurisprudence that treats legal texts not as enduring constraints, but as springboards to policies or outcomes judges think best for present times.

Two recent judicial decisions illustrate the difference in these approaches and what is at stake for gun owners.

The first is Soto v. Bushmaster, which concerned whether the Protection of Lawful Commerce in Arms Act (PLCAA) blocked a lawsuit to hold the manufacturer of the gun used in the terrible crimes in Newtown, Conn. responsible for the murders.

The essence of the PLCAA is that gun makers and sellers who follow the laws governing their businesses should not be held responsible for the criminal misuse of their products by third persons.

This general principle applies without controversy to the manufacturers and dealers of other lawful products. Auto makers, for example, are not liable for damages caused by drunk drivers.

Yet anti-gun activists and politicians in the 1990s launched a highly-coordinated effort to sue the gun industry for the acts of armed criminals. Whether they won or lost didn’t really matter. The point was to force the industry to go bankrupt defending the suits or to extract settlement agreements under which the companies would “voluntarily” adopt the same sorts of gun controls the activists had been unsuccessful in enacting into law.

Fortunately, the PLCAA ended this abusive litigation in 2005.

Or so it seemed.

The PLCAA was not intended to protect bad actors. It therefore excludes, among others, those who violate a law “applicable to the sale or marketing of the [firearm or ammunition]” in a way that causes the plaintiff’s injuries. An example would be if a licensed firearm dealer sold a gun to a violent felon without running the mandatory background check, and the felon then used that gun to commit a crime.

In the case of the Newtown crimes, however, the perpetrator didn’t buy the gun. His mother did, and the parties involved in the sale followed all applicable laws governing the manufacture, distribution and sale of the rifle.

Nevertheless, the plaintiffs still contend the sale was illegal because, so they argue, the rifle’s manufacturer violated a Connecticut law against fraudulent advertising, which led the killer to choose that gun over other firearms his mother kept in the house, making the attack more deadly.

This outlandish advertising theory was not only a first of its kind end-run around the PLCAA, it was the first time the Connecticut advertising law had been applied to a gun case or even to any personal injury case. Even left-leaning legal commentators have characterized it as a long shot.

But the argument was good enough for the Connecticut Supreme Court to allow the case to go forward, effectively sentencing the manufacturer to crushing legal expenses and allowing the media to uncritically parrot claims that it intentionally marketed its guns to mass murderers.

In contrast, a case from California, of all places, provides a bracing counterpoint to Connecticut’s judicial activism. In Duncan v. Becerra, federal Judge Roger T. Benitez held that California’s ban on magazines that hold more than 10 rounds of ammunition violated the Second Amendment.

Judge Benitez relied on a very straightforward reading of District of Columbia v. Heller and the Second Amendment’s protection of arms in common use by law-abiding citizens for lawful purposes. He also rejected the idea that the Second Amendment must somehow yield to modernity. “Individual liberty and freedom are not outmoded concepts,” he declared.

The opinion additionally criticized the California law for “turning the Constitution upside down” by revoking a grandfather clause that protected lawful magazine owners. The Constitution, it noted, emphasizes individual liberty, not government convenience. And in what may have been a first for a judicial opinion, Judge Benitez began his opinion by highlighting several instances in which law-abiding citizens used standard capacity magazines to protect themselves against violence attacks.

Two cases, two different outcomes, pointing the way to two possible futures for gun owners. This starkly demonstrates the importance of President Trump’s judicial nominees, as well as the importance of him being able to make them beyond 2020.

TRENDING NOW
San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

Friday, October 23, 2026

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

The National Rifle Association of America, along with the America First Policy Institute and Knox Williams, founder of the American Suppressor Association, filed an amicus brief urging the U.S. Court of Appeals for the Ninth ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

Take Action  

Monday, October 26, 2026

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

NRA-ILA Grassroots Field Coordinator Darius Diggs recently attended the Arizona State Rifle and Pistol Association's (ASRPA) Annual “Education & Training Dinner”, alongside FrontLines Activist Leader (FAL) Doug Stead and NRA Board Members Jacqueline Janes, Jeff ...

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

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.