The U.S. Second Circuit Court of Appeals on Tuesday will hear oral arguments in the case of Shew vs. Malloy, a legal challenge to the key provisions of Connecticut's post-Newtown gun control legislation.
The lawsuit, filed by a coalition of state gun owners, firearms dealers, and gun rights groups, seeks to overturn the assault weapons ban and the 10-round ammunition magazine limit that were enacted in 2013 as part of the legislature's response to the December 2012 shootings at Sandy Hook Elementary School. Gunman Adam Lanza killed 20 first-graders and six educators using a Bushmaster AR-15 rifle and high capacity ammunition magazines, both of which are illegal under the new law.
The law, which was described at the time of passage as the "toughest in the nation," was upheld in federal court in Connecticut last January. U.S. District Judge Alfred V. Covello wrote in the decision that "while the act burdens the plaintiffs' Second Amendment rights, it is substantially related to the important governmental interest of public safety and crime control."
The plaintiffs immediately appealed the decision. They argue in their complaint that the law is unconstitutionally vague, discriminatory, and infringes upon Second Amendment rights.
Assault weapons and high-capacity magazines are commonly used in both shooting sports and self-defense, and thus subject to Second Amendment protection, the plaintiffs argue.
In a brief filed with the appeals court, the state countered that the law only bans "a small subset of firearms and large-capacity magazines that are disproportionately selected by criminals for use in gun crime."
The law's broadened definition of an assault weapon and new limit on magazine size, the state argues, is related to "an important governmental interest in ending gun violence and death."
The state argued that the law "leaves more than one thousand alternative firearms and magazines for law-abiding citizens to acquire and possess for self-defense." Weapons like the AR-15, they argued, "have no utility for legitimate self-defense and are not actually used for such purposes in practice."
The plaintiffs argue that the law is discriminatory because off-duty police and military personnel are exempt from the assault weapons ban and high-capacity ammunition magazine limit.
The definition of an assault weapon under the act is so vague that it leaves gun owners "without knowledge of what is prohibited," plaintiffs argue.
Continued here:
Second Circuit To Hear Oral Arguments On Gun Lawsuit
- Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563 [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Party of guns: 2016ers speak to NRA [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Michigan 2014 Second Amendment March - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Tony DeTora's Second Amendment Commitment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Second Amendment Man Drug PSA - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Do you exercise your Second Amendment Rights while riding? - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Kira Davis - My 2nd Amendment Story - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Gabby Franco for NRA News: "Freedoms Are Not Untouchable" - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- SafeandVaultStore GS592820 Second Amendment Gun Safe - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Oathbreaking Tyrant: Justice John Paul Stevens Wants To Change The Second Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Dear LiberalViewer: Second Amendment Response - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Justice John Paul Stevens Wants To Change The Second Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- God & The Second Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Amend The Second Amendment? - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Justice John Paul Stevens on the Second Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- CCRW Televised Forum - Mental Health, Second Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Obama lying supporting second amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Second Amendment Rally Saturday - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Second Amendment and other t-shirts support the cause - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 2nd Amendment - Laws [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Second Amendment - U.S. Constitution - FindLaw [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Rep. Larry Pittman talks about Second Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- billkeyz talking about gun control the Second Amendment NRA - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- US Senate Candidates Iowa - Second Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- NRA leadership uses Bloomberg gun control push to rally members [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Open Carry Or Concealed Carry In California & Does The NRA Oppose - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Greg Brannon Nuke Second Amendment right - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- SafeandVaultStore GS724027 Second Amendment Gun Safe - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Supreme Court Gun Carry Rights; Drake v. Jerejian, Pending petition - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Letter: NRA opposes reasonable responses [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Common sense calls for repeal of second amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- GUNS: Amendment words to fight over [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Gun lobby group receives open government award [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- NFL Player Brags About Shooting a Skunk to NRA - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Disgruntled Motel Owner Uses Second Amendment To Fight Government Officials #ZHG - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Psychiatrists to push NWO gun control - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Second Amendment Action Day 2014 - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Second Amendment Action Day 2014 at the Pennsylvania Capitol - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Second Amendment Action Day - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Second Amendment Action Day Rally - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Pyro Planet Second Amendment & Star Spangled Blast - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Gun rights: Times have changed since the creation of the Second Amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Billy Johnson for NRA News: "Infringed Rights" - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Second Amendment group marches in El Paso [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- The Second Amendment (Part 1 of 2) - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- New Jersey Gun-Carrying Limit Left Intact by High Court [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Supreme Court Wasnt Serious about the Second Amendment [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Staying away from guns and Gitmo [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- US Supreme Court refuses to consider gun-rights case [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Success For Gun Owners & 2nd Amendment Defenders In 2014 [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Yen on Second Amendment - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Second Amendment Shootout - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Gun Depot USA Second amendment target shooting. - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Second Amendment in real time boils down to politics [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Second Amendment - Laws [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Alan Gottlieb Supporting Compromise of your Second Amendment Rights - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Lawmakers divided on bill that restricts EBT use [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- Defenseless Nigerian Men, No Second Amendment #BringBackOurGirls Boku Haram - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- The Second Amendment (Part 2 of 2) - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- Flawed argument I [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Minera Panama S.A. and Petaquilla Minerals Limited Sign $60 Million Agreement [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Interview Interrupted by State Highway Administrator - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- Lawmakers debate proposed EBT restrictions - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- N.J. Gov. Chris Christie under the gun over ammo bill, as White House beckons [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Guns and Supreme Court: Is Second Amendment a Privilege, Not a Right? [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Guns to be focus of rally [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- DHS Says "Hands Off" VIP Terrorist - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- INFOWARS Nightly News: with David Knight Monday May 12 2014: Plus Special Reports - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Gun rights advocates hope for convention impact [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Det Bowers on the Second Amendment - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Trevor Stewart - V18 - AUDIO - THE RACIAL NETWORK & THE SECOND AMENDMENT - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Trevor Stewart - V17 - THE RACIAL-NETWORK & THE SECOND AMENDMENT - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- The Second Amendment: A Biography - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Knowing Your Rights.... Yes we have them! - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- The Second Amendment (Game) - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- We Have Rights! An Animation On The Second Amendment - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Letter: 2nd amendment purposes [Last Updated On: May 20th, 2014] [Originally Added On: May 20th, 2014]
- Senator Ted Cruz's father Rafael Cruz on the Second Amendment - Video [Last Updated On: May 20th, 2014] [Originally Added On: May 20th, 2014]