Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Ruling Upholds Connecticut's Expansive Firearm and Magazine Bans Despite Findings that Banned Items are Commonly Used for Lawful Purposes

Friday, January 31, 2014

On January 30, 2014, a federal court judge upheld Connecticut's new gun control law as constitutional, notwithstanding its finding that "the act burdens the plaintiffs' Second Amendment rights …."  The ruling comes from U.S. District Court Judge Alfred Covello in response to a lawsuit filed last May challenging the constitutionality of Connecticut's new gun control legislation. In April, the Connecticut legislature hastily passed wide-ranging restrictions on Connecticut gun owners that embody several long-term planks of the anti-gunners' agenda, including an expanded ban on so-called "assault weapons," restrictions on magazine capacity, expansion of an existing "eligibility certificate" requirement to all firearms and ammunition, an expanded ban of private transfers, and registration of all non-conforming firearms and magazines, the possession of which was grandfathered under the law.

The plaintiffs in Shew v. Malloy, backed by the NRA, included the Coalition of Connecticut Sportsmen, Connecticut Citizens Defense League, gun store owners, and individual citizens and focused on the bans of more than 100 additional commonly-owned firearms, as well as magazines that hold more than 10 rounds of ammunition. The case challenged the melodramatically and inaccurately titled law, "An Act Concerning Gun Violence Prevention and Children's Safety," for violating plaintiffs' rights under the Second Amendment and the Equal Protection Clause of the Fourteenth Amendment, and for containing provisions that are unconstitutionally vague.

Covello dismissed all three constitutional challenges in the 47-page decision. In assessing the common use of semi-automatic rifles and standard capacity magazines, Covello invoked the Heller decision and found that that these firearms and magazines are, in fact, commonly owned and legally used nationwide, including in Connecticut.  He then disregarded his own findings of fact and wrote that the ban is justified because the government's asserted goal of reducing violence outweighs the Act's infringement on Second Amendment rights. Nevertheless, in finding that the bans satisfied intermediate scrutiny, he acknowledged that the "court cannot foretell how successful the legislation will be in preventing crime." He further acknowledged the vagueness of several provisions in the legislation and their need for clarity, but still dismissed any claim that the law is unconstitutionally vague.

Covello's decision was similar to the adverse ruling recently handed down in a case challenging New York's so-called "SAFE" Act. In both cases, the courts relied on the fact that although the banned weapons were commonly used for lawful purposes, other options still existed for people wishing to exercise their rights.  Needless to say, such reasoning would hardly be tenable if the government were to ban books or close places of worship, merely because other options it considered more acceptable were still available.  Also, notwithstanding the fact that the U.S. Supreme Court has held that self-defense is at the "core" of the rights protected by the Second Amendment, both courts used the "lethality" of the banned firearms as a basis to reduce the protection they receive under the Second Amendment.  Whether further appellate review will resolve these contradictions, or perhaps merely add to them, remains to be seen.

An appeal in this case is already underway, and NRA will be sure to inform its members of any new developments. As NRA continues to take up similar battles in courtrooms across the nation, it is more important than ever to focus on making pro-gun gains in state legislatures and Congress this election season. The only way to prevent ill-informed court rulings that affect our fundamental, constitutional rights is to stop giving opportunities to anti-gun lawmakers both to pass unconstitutional legislation and to appoint judges who have no familiarity, understanding, or appreciation of firearms and their role in the fundamental right of self-defense.

TRENDING NOW
Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

News  

Tuesday, February 17, 2026

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

Today, the Department of Veterans Affairs (VA) announced that the VA will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them ...

New Mexico: Anti-Gun Bills Heard in Committee

Tuesday, February 17, 2026

New Mexico: Anti-Gun Bills Heard in Committee

Today, Senate Bill 17, the omnibus gun control bill, was heard in the House Judiciary Committee and Senate Bill 261, expanding gun free zones around ballot drop boxes and polling places, was heard in the House Government ...

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

News  

Tuesday, February 17, 2026

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

Not too long ago, Illinois Governor JB Pritzker dismissed President Donald Trump’s assessment of over-the-top violent crime in Chicago as being rooted in “lies,” saying that “civilian law enforcement is how you fight crime,” and “[w]e’ve got ...

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

News  

Tuesday, February 17, 2026

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

The Democrat-controlled Virginia General Assembly continues to move forward with unconstitutional legislation banning commonly-owned semi-automatic firearms and standard capacity magazines. 

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Tuesday, February 17, 2026

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Yesterday, the House Judiciary Committee held a work session to “fix” the extremely flawed gun control Ballot Measure 114, where it was advanced out of the committee. 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Information Warfare: New Lawsuit Targets Distribution of Gun Making Computer Files

News  

Tuesday, February 17, 2026

Information Warfare: New Lawsuit Targets Distribution of Gun Making Computer Files

Legal warfare against constitutionally protected rights continues, with ideas and information increasingly in the crosshairs.

New Mexico Legislature Adjourns!

Thursday, February 19, 2026

New Mexico Legislature Adjourns!

Today at noon, the New Mexico legislature adjourned sine die from the 2026 legislative session. Despite efforts by anti-gun advocates, Second Amendment supporters were able to engage and help prevent two radical anti-gun proposals from ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.