Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

[branford]

309. It has the potential to backfire.

Whenever activists challenge a law or policy, the loss strengthens the other side. If the federal appellate court hold that semiautomatic rifles, and less likely "high capacity" magazine," are explicitly protected by the Second Amendment, it could weaken or prohibit expansive assault weapons bans and related laws across the country, the exact opposite of what the plaintiffs desire.

I have no doubt that given the failure of the Democratic Senate to pass any gun control measures (irrespective of the fact that the proposals would have never passed the House) and the recent polling demonstrating support for gun rights at an all time high, I imagine that the activists believed they should try to challenge the PLCAA before political conditions worsen and under the auspices of a rare and notable tragedy like Sandy Hook. Given current legal and political trends, I assume that the plaintiffs believe they have little to lose. I'm not nearly as certain that more moderate gun control advocates would share such an opinion. When one side is effectively seeking broad gun bans, the other side is usually not inclined to offer compromise on less contentious issues like universal background checks.

If I were to hazard a guess, the state court will dismiss the lawsuit on very limited or specific grounds, without reaching the PLCAA issues. This could prolong the action, particularly at the appellate level, but provide the plaintiffs with more publicity before the eventual permanent dismissal.