Adames v. Beretta Amicus Brief
Case information: Adames v. Beretta, No. 09-253 (U.S. Supreme Court, submitted September 28, 2009)
At Issue: Challenging the constitutionality of federal law immunizing firearms industry from most lawsuits. Adames v. Beretta concerned the constitutionality of the federal Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §§ 7901 – 7903, which immunizes the firearms industry from most lawsuits. Adames arose out of the unintentional shooting death of a young teen shot and killed by a friend. Administrators of the deceased child’s estate sued the gun’s manufacturer on a strict products liability theory to recover for the child’s death. The Illinois Supreme Court ruled that the PLCAA was constitutional and that it barred plaintiffs’ claims.
Law Center’s Brief: Our brief, joined by the Coalition to Stop Gun Violence and the Violence Policy Center, supports a petition for certiorari arguing that the PLCAA unconstitutionally infringes on states’ rights under the Tenth Amendment because it wipes out traditional state product-defect claims – state-created rights – replacing them with nothing. The Supreme Court denied the petition on December 14, 2009.