U.S. Sen. Ted Cruz (R-Texas) led an amicus brief on Apr. 1 urging the Supreme Court to overturn a Second Circuit decision and uphold the Second Amendment by blocking New York from circumventing the Protection of Lawful Commerce in Arms Act (PLCAA).
The case is significant because it addresses whether states can impose liability on firearm manufacturers for crimes committed with their products, potentially impacting the gun industry nationwide.
In excerpts from the brief, Cruz wrote, “The Second Amendment to the United States Constitution ensures law-abiding and peaceable American citizens the right to keep and bear arms. But no one besides accomplished gunsmiths could exercise that right if a citizen could not lawfully purchase a firearm because the firearm industry had become insolvent.” He continued, “Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) to prevent that outcome by placing firearm manufacturers on equal footing with other American manufacturers.”
Cruz also stated, “The State of New York is unhappy with any impediments to its ability to bankrupt lawful arms manufacturers based on the actions of New York criminals whom the State is unable or unwilling to control.” The brief argued that allowing states like New York to codify vague standards targeting firearms makers undermines federal law: “This case presents an issue of exceptional importance with regard to the states’ ability to circumvent the preemptive force of federal legislation... This Court should intervene now before the Second Circuit’s decision... further undermines the Second Amendment and congressional will.”
Other senators joining Cruz included Jim Banks (R-Ind.), John Barrasso (R-Wyo.), Ted Budd (R-N.C.), Shelley Capito (R-W.Va.), Bill Cassidy (R-La.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Kevin Cramer (R-N.D.), Steve Daines (R-Mont.), Lindsey O. Graham (R-S.C.), Chuck Grassley (R-Iowa), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Jim Justice (R-W.Va.), James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Pete Ricketts (R-Neb.), James Risch (R-Idaho), and Tim Sheehy (R-Mont.).
Cruz represents Texas in the U.S. Senate according to his official website. He serves on several committees and advocates for constitutional liberties including Second Amendment rights and religious freedom according to his official website. He has argued nine cases before the U.S. Supreme Court as Texas’ Solicitor General according to his official website, graduated cum laude from Princeton University and magna cum laude from Harvard Law School according to his official website, served as solicitor general of Texas, clerked for Chief Justice William Rehnquist on the U.S. Supreme Court according to his official website, champions constitutional liberties, supports American energy dominance, leads border security efforts, advocates for job growth policies according to his official website, and has two daughters with his wife Heidi according to his official website.
Observers are watching how this case may influence future state laws concerning firearms liability as well as broader debates over federal preemption versus state regulation.
