Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Connecticut Case Seeks to Overturn Firearm and Magazine Bans

Thursday, November 6, 2014

While the state of Connecticut ponders how to  handle the owners  of thousands of unregistered semi-automatic firearms and magazines in the state, an important NRA-backed case challenging the constitutionality of the state’s firearm and magazine bans is making its way through the federal courts.

The case, Shew v. Malloy, was initiated on May 22, 2013, when lawyers on behalf of June Shew and several other plaintiffs filed a complaint in the United States District Court for the District of Connecticut. The complaint alleged several violations of the plaintiffs’ rights.

The complaint first claimed that the state’s bans on magazines and certain semi-automatic firearms are in violation of the right to “keep and bear arms as guaranteed by the Second Amendment of the United States Constitution, and as made applicable to the States by the Fourteenth Amendment.” Next, the complaint argued that the firearm and magazine prohibitions violate the plaintiffs’ right to equal protection under the law, as several classes of government employees are exempt from the ban. Last, the complaint asserted that portions of the Act violate due process, as the ban is vague.

In addition to other extensive support to the case,NRA offered a friend of the court brief on July 15, 2013. The brief explained why Connecticut’s bans should be invalidated.

The brief argued that the Act should not be subject to an interest balancing test. It stated, “[T]he line between permissible and impermissible arms regulations is not to be established by balancing the individual right protected by the Second Amendment against purportedly competing government interests.” To bolster this argument, the brief cited the Supreme Court’s Heller decision extensively.

In a similar vein, the brief cited the Heller decision’s contention that the Second Amendment protects firearms “of the kind in common use.” It went on to cite a variety of evidence in explaining how the semi-automatic firearms and magazines prohibited by Connecticut’s ban are in “common use.” Indeed, as the brief pointed out, the AR-15 is “America’s ‘most popular semi-automatic rifle.’” Were the court nevertheless to apply a balancing test, the brief argued that the act is unconstitutional under any level of scrutiny.

Unfortunately, on January 30, 2014, the district court granted the defendant’s motion for summary judgment, upholding Connecticut’s bans. The case was subsequently appealed to the United States Court of Appeals for the Second Circuit.

On May 23, NRA filed a friend of the court brief with the Second Circuit. The brief began by advocating that the court employ strict scrutiny if it chooses to use an interest balancing test to determine the legality of the bans. In doing so, the brief cited precedent from other circuits, along with the Supreme Court’s Heller decision. “What is often glossed over,” it stated, “is the fact that the Supreme Court also held a ban on commonly owned long guns, such as those prohibited by the Act, was unconstitutional ….”  Accordingly, the brief argued, the Act’s “provisions fall within the ambit of Heller’s mandate, and must be subjected to at least strict scrutiny.”

The brief also called upon the court to limit the evidence that the state of Connecticut can use to justify the Act. It stated that only the evidence which was considered by the Connecticut legislature at the time of enactment should be used to determine whether the legislature acted reasonably. Further, the brief went on to attack the credibility of evidence used by Connecticut and the District Court, by refuting the so-called “expert” opinions of Dr. Christopher Koper as unreliable.  

Other friend of the court briefs were filed in support of the plaintiffs by a variety of organizations, including the Pink Pistols, the National Shooting Sports Foundation, the International Law Enforcement Educators and Trainers Association, and a coalition of states including Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming.

The case is now on appeal before the Second Circuit. The Second Circuit has announced that argument in the case will be heard on December 9, the same day and before the same panel as the pending appeal in the case challenging New York’s “SAFE” Act. We will report on further developments as they become available.

TRENDING NOW
New Hampshire Governor Signs Constitutional Carry Into Law

News  

Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

North Dakota: Important Self-Defense Bills Pass House

Tuesday, February 21, 2017

North Dakota: Important Self-Defense Bills Pass House

Today, February 21, two important pro-gun bills passed the House of Representatives.  House Bill 1169, the constitutional/permitless carry bill, passed the House with a 83-9 vote and House Bill 1310, the school carry bill, passed ...

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Wednesday, February 22, 2017

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Today, Senator Robin Webb (D-18) offered a strike and insert amendment to constitutional/permitless carry legislation, Senate Bill 7.

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

News  

Wednesday, February 22, 2017

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

Ever since the U.S. Supreme Court’s opinions in Heller and McDonald, many of the lower U.S. courts have been making up their own rules when it comes to the Second Amendment. Tuesday’s outrageous opinion by ...

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Wednesday, February 22, 2017

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Today, in a private signing ceremony, Governor Chris Sununu signed Senate Bill 12 into law.  Similar legislation had been vetoed by former Governor Maggie Hassan for two years in a row, but thanks to your active involvement, ...

New Mexico: Beware of "Fake News" Regarding HB 50!

Sunday, February 19, 2017

New Mexico: Beware of "Fake News" Regarding HB 50!

Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

News  

Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

Utah: Urge Committee Members to Oppose Flawed Carry Bill

Tuesday, February 21, 2017

Utah: Urge Committee Members to Oppose Flawed Carry Bill

Tomorrow, Wednesday, February 22 at 8:00 am, the House Law Enforcement and Criminal Justice Committee is scheduled to reconsider House Bill 237.

MORE TRENDING +
LESS TRENDING -
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.