SCOTUS Considers PLCAA As
Anti-Gun Lawfare Returns With a Vengeance

As we approach the 20th anniversary of the Protection of Lawful Commerce in Arms Act's (PLCAA) passage coming up on Oct. 26, the law is imperiled by a new generation of anti-gun litigants seeking to exploit loopholes. In March, however, one such case—Smith & Wesson Brands v. Estados Unidos Mexicano—landed before the U.S. Supreme Court, where it received a chilly reception from skeptical justices across the ideological spectrum.

Most observers believe the plaintiffs overplayed their hand, although the reasoning the justices use to resolve the case will determine whether the PLCAA continues to protect the law-abiding gun industry as intended.

The PLCAA is ultimately about how the industry that enables Americans' Second Amendment rights is regulated. Is it by relatively fixed and ascertainable statutes enacted by democratically elected legislators? Or is it by unpredictable, shifting and innumerable standards of "reasonableness" imposed after the fact by unelected judges at the behest of firearm prohibitionists?

That latter option promotes lawfare, which has been characterized as death by a thousand cuts. Lawfare practitioners may not care if they win their cases, because even one who is innocent before the law can succumb to the legal process itself.

The biggest cut is the expense of litigation. The lengthier and more complex the proceedings, the more likely the defendant will be unable to sustain a defense. .....