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
New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Wednesday, January 15, 2020

Alert! Florida REPUBLICAN Senators Vote for Massive Gun Control Bill

On Monday, 1/13/20, it happened again.  Senate President Bill Galvano picked a fight with Floridians who believe in the constitutional Right to Keep and Bear Arms. It is well known -- even by the media ...

Virginia: Senate Passes Three Anti-Gun Bills

Thursday, January 16, 2020

Virginia: Senate Passes Three Anti-Gun Bills

On Thursday, January 16th, the Virginia Senate voted to pass three of the anti-gun bills that the Senate Judiciary Committee approved on Monday. The fight is far from over! Dozens of other gun control bills ...

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

News  

Sunday, January 19, 2020

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

We were well aware that after New York billionaire Michael Bloomberg spent a cool $2.5 million on his latest acquisition, majority control of the Virginia General Assembly, law-abiding gun owners in The Old Dominion would see an onslaught of legislation ...

Missouri: Gun Bills Filed for 2020 Session

Friday, January 10, 2020

Missouri: Gun Bills Filed for 2020 Session

With the 2020 Missouri legislative session starting, legislators have filed pro-gun and anti-gun legislation. See below for information on some of the bills that have been introduced to date. Your NRA-ILA will keep you informed of ...

Washington: Upcoming Hearings On Gun Bills This Week

Sunday, January 19, 2020

Washington: Upcoming Hearings On Gun Bills This Week

As previously announced, the Washington State Legislature will be hosting committee hearings next week on over a dozen Second Amendment related bills. Please see below for the latest information on the committee hearing agendas, including ...

State of Ignorance: California Pushes False Information to School Kids on the Second Amendment

News  

Sunday, January 19, 2020

State of Ignorance: California Pushes False Information to School Kids on the Second Amendment

As an incorporated provision of the United States Bill of Rights, the Second Amendment is the supreme law of the land, applying to all U.S. jurisdictions and to the actions of federal, state, and local ...

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

News  

Tuesday, January 14, 2020

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

In an unhinged effort to attack Virginians’ Second Amendment rights, one member of the Michael Bloomberg-bought General Assembly is willing to undermine a bipartisan policy advanced by the previous Democratic governor and target one of the state’s ...

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

News  

Monday, January 6, 2020

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

In recent weeks NRA-ILA informed Virginia gun owners about gun control funding included in the state budget bill. The budget legislation, HB30, included a $250,000 appropriation to the Corrections Special Reserve Fund in order to provide for the ...

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.