Explore The NRA Universe Of Websites

Connecticut Commission Goes for Broke with Anti-Gun Recommendations

Friday, February 13, 2015

Connecticut Commission Goes for Broke with Anti-Gun Recommendations

It's not a gun control supporter's entire wish list come true, but it's not too far from it. The commission tasked by Connecticut Governor Dannel Malloy to help "bring about change" in the wake of the December 2012 tragedy at Sandy Hook Elementary School has issued its final report and recommendations on gun control and other subjects ostensibly related to public safety. We noted a preliminary draft of the commission's report last month.

The list of the commission's anti-gun recommendations is long, so let's start with two that are most offensive to the Second Amendment and the fundamental right that it protects. Recommendation 10 would "Prohibit the possession, sale or transfer of any firearm capable of firing more than 10 rounds without reloading." Much broader than the "assault weapon" ban imposed in Connecticut in 2013, the ban now proposed by the commission would apply to all rifles, pistols and shotguns that use a detachable magazine, as well as many tubular-magazine rifles and shotguns. Recommendation 4, imposed in 2013, bans "the sale, possession, or use of any magazine or ammunition feeding device in excess of 10 rounds," which the commission says "have no legitimate place in the civilian population."

The commission says that its massive gun and magazine bans are constitutionally permissible under the Supreme Court's decision in District of Columbia v. Heller (2008), on the grounds that people wishing to use guns for self-defense and other purposes "remain free to engage in those activities with a vast array of [other] long guns and handguns."

That's wrong, however. The very same argument was expressly rejected in Heller. When the District tried to defend its handgun ban on the grounds that some rifles and shotguns remained legal, the Court said: "It is no answer to say, as [the District does], that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed. . . . [H]andguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid." (Emphasis added.)

Furthermore, the Court said, the "the inherent right of self-defense has been central to the Second Amendment right," which is "the individual right to possess and carry weapons in case of confrontation," including "all instruments that constitute bearable arms" that are "in common use." Detachable-magazine rifles and handguns designed for defensive purposes account for roughly half of the more than 10 million new firearms bought by Americans each year, and a majority of them, being designed for defensive purposes, are designed to use magazines that hold more than 10 rounds. Therefore, under Heller's "common use" requirement, the self-defense oriented guns and magazines that the commission wants banned are arguably the most constitutionally-protected in existence.

The commission errs further in claiming that its gun and magazine ban is a type of restriction that Heller endorsed. To the contrary, the Court never endorsed the presumptive validity of banning most modern repeating arms and if anything suggested that such a ban would be unconstitutional.

Completing the commission's utter failure to justify its proposed bans on constitutional grounds, it says it "took seriously the rights afforded under the Second Amendment, but balanced those rights against the language of the Preamble to the Constitution, which includes assurances of--domestic tranquility and the obligation to--promote the general welfare." In fact, the Framers were well aware of the Preamble when they added the Second Amendment and the rest of the Bill of Rights to the Constitution, and obviously did not think the two conflicted with one another. In fact, the whole reason to protect the right to arms in the Bill of Rights was to enhance freedom and security, both public and private. That gun control advocates have a different view of the utility and wisdom of firearm ownership does not change the meaning or intent of the Constitution. It simply means gun control advocates are at odds with history and the nation's Founders.

Other recommendations made by the commission include mandatory background checks on all sales or transfers of firearms, registration of all firearms, limitation of firearm permits to persons who demonstrate firearm handling skill and knowledge of laws and regulations, a ban on the possession or sale of "armor-piercing" and "incendiary" bullets (not defined), a ban on the purchase of ammunition for non-registered firearms, regulations or a ban on the sale and purchase of ammunition via the Internet, a limit on the amount of ammunition that can be purchased at one time, mandatory storage of firearms in a locked container at home, mandatory serial numbers on all ammunition cartridges sold or possessed, requiring gun owners to pass a "suitability screening process" and prohibiting the operation of a gun show without a permit.

At least the next time that we hear gun control supporters refer to "commonsense" gun laws, "gun sense," and "responsible solutions," we'll have a much clearer idea about what they have in mind.

IN THIS ARTICLE
Connecticut Dannel Malloy
TRENDING NOW
Washington: Substitute Version of Gun Control Bill Passes House Committee

Friday, January 19, 2018

Washington: Substitute Version of Gun Control Bill Passes House Committee

Yesterday, the House Judiciary Committee passed Substitute House Bill 1122 out of committee on a 7-6 vote.  This bill, which would require gun owners to lock up their firearms or potentially face criminal charges, will ...

Washington: Trigger Modification Ban Passes Committee

Tuesday, January 16, 2018

Washington: Trigger Modification Ban Passes Committee

Earlier today, the Washington state Senate Law & Justice Committee passed Senate Bill 5992 out of committee with a 4-3 vote. As drafted, this legislation has overreaching language that would ban modifications commonly made to ...

Crossing the Line – Firearm Preemption Protection Under Attack

News  

Friday, January 19, 2018

Crossing the Line – Firearm Preemption Protection Under Attack

Gun control groups are fond of describing preemption as a doctrine whereby a state has stripped local governments of their power to regulate guns.

Australia: Queensland’s Labor Party Government Targets MP for Gun Control Heresy

News  

Friday, January 19, 2018

Australia: Queensland’s Labor Party Government Targets MP for Gun Control Heresy

The sorry state of gun politics in Australia was put into stark relief recently, after Liberal National Party (LNP) Queensland Legislative Assembly MP Anthony Perrett took a principled stand in favor of his constituents’ gun rights.

Arizona: Signature Gathering Underway For Hunting Ban Initiative

Hunting  

Friday, January 19, 2018

Arizona: Signature Gathering Underway For Hunting Ban Initiative

The Humane Society of the United States (HSUS) and their front-group “Arizonans for Wildlife” are currently gathering signatures for a ballot initiative that would ban the hunting and trapping of mountain lions and bobcats in ...

Washington: House Judiciary to Hear Gun Control Bills

Thursday, January 18, 2018

Washington: House Judiciary to Hear Gun Control Bills

On Thursday, January 25th at 1:30PM, the House Judiciary Committee is scheduled to hear several sweeping gun control bills.  NRA Members and Second Amendment supporters are strongly encouraged to attend the committee hearing to voice your opposition ...

New Jersey:  2018 Brings Bigger Challenges for New Jersey Gun Owners

Friday, January 19, 2018

New Jersey: 2018 Brings Bigger Challenges for New Jersey Gun Owners

A new Governor took the reins from Gov. Chris Christie this week, and a new Legislature has been sworn into office. 

Hawaii: Trigger Modification Ban Introduced in the Senate

Thursday, January 18, 2018

Hawaii: Trigger Modification Ban Introduced in the Senate

Today, Senator Karl Rhoads (D-13) introduced legislation that would ban modifications commonly made to firearms by law-abiding citizens.  SB 2046 is currently pending a committee referral.  Please contact your Senator today and urge them to OPPOSE this ...

Indiana: Rifle Hunting Bill Passes Senate

Hunting  

Friday, January 19, 2018

Indiana: Rifle Hunting Bill Passes Senate

On Thursday, January 18th, Senate Bill 20 passed the Indiana state Senate by a vote of 47-2 and will now move to the House.  

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

Tuesday, January 16, 2018

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

On Friday, January 12, several amicus briefs were filed in the NRA and CRPA supported lawsuit challenging California’s restrictions against magazines capable of holding more than 10 rounds. The lawsuit, titled Duncan v. Becerra, challenges California’s ...

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.