Appeal Filed in Court Decision Upholding Connecticut's Gun Ban

By:  Bob Adelmann
03/05/2014
       
Appeal Filed in Court Decision Upholding Connecticut's Gun Ban

The judge deciding the legality of Connecticut's gun laws cobbled together pieces and parts of previous decisions to support his ruling that Connecticut's interests overrode Second Amendment infringements. 

Connecticut has some of the most strict gun control laws in the nation, passed in the aftermath of the Sandy Hook Elementary School shooting. Highlights of the law include a prohibition on the sales of firearm magazines that hold more than 10 rounds of ammunition, a ban on many guns deemed by cosmetic looks to be "assault weapons," mental and criminal background checks to buy a gun, certificates for gun and ammunition sales, and a firearm registry for certain types of guns.

Now that the law is in effect and many Connecticut gun owners either refused to register their guns or registered after the deadline, meaning they are guilty of a felony, conflicts between people made felons overnight by government legislation and the police are inevitable. Rich Burgess, president of the pro-gun group Connecticut Carry, sent a memo on Monday to his membership, saying that Connecticut state officials “now look down the barrel of the laws that they created, and it is very probable that they now tremble as they rethink the extremity of their folly. Connecticut Carry calls on every official, every Senator, and every Representative, to make the singular decision: either enforce the law as they are written and let us fight it out in court, or else repeal the 2013 Gun Ban in its entirety.”

The issue is in fact being fought out in court, and the first round went to the state. While the status of those who have received back their applications for registration of their “assault” weapons and magazines because they missed the December 31 deadline is still in limbo, senators and representatives are no doubt resting easy, for the moment.

Calls for insurrection and lethal opposition when police come to the door, such as that made by Mike Vanderboegh, are not being acted upon.

On January 30 U.S. District Judge Alfred V. Covello returned his verdict in favor of Connecticut’s new gun laws. It was immediately appealed by the plaintiffs, which include June Shew, the Connecticut Citizens’ Defense League, and the Coalition of Connecticut Sportsmen. The defendants include Connecticut’s Governor Dannel Malloy, Kevin Lawlor, and others working to implement the law.

In Shew v. Malloy, the judge was asked to rule on three complaints: 1) that the new law violated the plaintiffs’ right under the Second Amendment to keep and bear arms; 2) that the law violated the Equal Protection Clause of the 14th Amendment; and 3) that the law was unconstitutionally vague in its descriptions of exactly what weapons were now outlawed, including the various features that suddenly turned them into “assault” weapons.

The judge tossed all three:

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