Legal Opinion

District of Columbia v. Beretta U.S.A. Corp.

District of Columbia Court of Appeals

Decided January 10, 2008No. 06-CV-721, 06-CV-757PublishedCited by 50 opinions

1Opinion of the Court

FARRELL, Associate Judge:

This appeal presents two primary issues: Does the Protection of Lawful Commerce in Arms Act (“the PLCAA”), 15 U.S.C. §§ 7901 et seq. (2005), by its terms require dismissal of the plaintiff/appellants’ suit under the District of Columbia’s Assault Weapons Manufacturing Strict Liability Act of 1990, D.C.Code § 7-2551.01 et seq. (2001) (“the SLA”); and, if so, does the PLCAA as applied to the plaintiffs’ pending claims under the SLA violate separation of powers principles or due process principles embodied in the Fifth Amendment, or constitute a “taking” under the Fifth…

2Cases cited57 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  5. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978

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3Cited by50 opinions

  1. Ileto v. Glock, Inc.Court of Appeals for the Ninth Circuit · 2009
  2. Acosta Orellana v. CROPLIFE INTERN.District Court, District of Columbia · 2010
  3. Soto v. Bushmaster Firearms International, LLCSupreme Court of Connecticut · 2019
  4. Estate of Kim Ex Rel. Alexander v. CoxeAlaska Supreme Court · 2013
  5. D.C. Appleseed Center for Law & Justice, Inc. v. District of Columbia Department of Insurance, Securities, & BankingDistrict of Columbia Court of Appeals · 2012

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