supreme court
Republican Legislators Stand For Second Amendment At U.S. Supreme Court

June 6, 2024

By Daniel Stefanski |

Arizona Republican legislators continue to stand up in defense of the rule of law in the absence of the Democrat attorney general.

Late last month, the Arizona Legislature, led by Senate President Warren Petersen and House Speaker Ben Toma, signed onto a petition to the U.S. Supreme Court in Smith & Wesson Brand, Inc. v. Mexico. The Second Amendment-related petition was led by the State of Montana and joined by a number of other states from around the country.

In a statement for the Arizona Senate Republicans weekly newsletter, Senator Frank Carroll addressed the latest action in federal court for state legislators, writing, “In a federal lawsuit, Mexico is trying to blame American gun manufacturers for cartel violence, instead of their own government’s negligent policies. California and other blue states, along with anti-gun activists, are working to support Mexico’s efforts in an attempt to put gun manufacturers out of business. We recently joined 26 states to urge the U.S. Supreme Court to weigh in on this case.

Carroll added, “A foreign nation has no business using our court system to try to limit the rights of our citizens, yet that’s exactly what’s occurring with this $10 billion lawsuit. The bipartisan Protection of Lawful Commerce in Arms Act (PLCAA) prohibits civil liability actions from being brought against manufacturers for damages resulting from the misuse of their products. It was enacted nearly a decade ago for a reason. The fact that this case was revived after being previously dismissed is a threat to our Second Amendment rights, and has the potential to set a dangerous precedent moving forward, which is why we’re fighting for the highest court to weigh in.”

The coalition of states argue in the brief that the “PLCAA is part of a carefully calibrated regulatory scheme in which Congress – not just the judiciary – regulates the firearms industry, [that] the Court should grant the petition to enforce PLCAA and definitely address the scope of its exceptions, [and that] Mexico’s sovereign power undercuts any claim of proximate causation.”

This action from the Petersen and Toma-led Arizona Legislature is one of a growing number of instances where the Republican lawmakers have led their own challenges or joined other attorneys general in legal filings in federal court. Both the Arizona Senate and House have prioritized these actions over the past year with Democrats in the Governor’s and Attorney General’s Offices.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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