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
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with 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.