CT: Federal Court Upholds AW Ban

This is a discussion on CT: Federal Court Upholds AW Ban within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; What a POS the judge is. He contradicts every one of his rulings. "The court concludes that the legislation is constitutional," senior U.S. District Judge ...

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Thread: CT: Federal Court Upholds AW Ban

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    VIP Member Array tokerblue's Avatar
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    CT: Federal Court Upholds AW Ban

    What a POS the judge is. He contradicts every one of his rulings.

    "The court concludes that the legislation is constitutional," senior U.S. District Judge Alfred V. Covello wrote in a decision published late Thursday. "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 Connecticut plaintiffs argued that assault weapons are commonly used, in the state and across the country, for hunting, sporting competitions and home protection. Common usage makes the weapons and large-capacity magazines subject to Second Amendment protection, the plaintiffs argued.

    The state, in its defense of the law, disputed the claim of widespread usage. Referring to Sandy Hook, it argued that the banned weapons and magazines present unjustifiable threats and that gun violence will decrease if both are outlawed.

    Covello, agreeing with the plaintiffs, concluded that the weapons and magazines are commonly owned and legally used in Connecticut and elsewhere. But he parted company with the plaintiffs when he wrote that the state's ownership and sales ban is justified when the government's goal of reducing violence is measured against the ban's impingement on Second Amendment rights.
    Federal Court Says Connecticut's Aggressive Assault Weapon Ban Is Constitutional - Courant.com

    Time to make another donation to the Connecticut Citizens Defense League's lawsuit warchest...
    BenGoodLuck likes this.
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    While the act burdens the plantiff's second amendment rights says it all. Judges re-writing the constitution again.
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    VIP Member Array Stevew's Avatar
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    Wow.
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    Quote Originally Posted by jmattingly73 View Post
    While the act burdens the plantiff's second amendment rights says it all. Judges re-writing the constitution again.
    You beat me to the punch responding - the judge acknowledges that the act burdens 2nd Amendment rights, but states that this is OK basically because the state made "reasonable inferences" in assuming the ban would somehow decrease violence. They made a wild assumption based on no fact and a judge determined that was "reasonable". The insanity continues...

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    VIP Member Array tokerblue's Avatar
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    I also want to add how disturbing this ruling is against our Constitutional rights. Imagine if the judge applied his reasoning of allowing a burden to other Constitutional rights for "important governmental interest of public safety and crime control.".

    1st Amendment: No more media reports of mass murders or terrorist attacks. Reasoning: To prevent other glory seekers or copycats.
    1st Amendment: Islamic religion not allowed. Reasoning: Only a radical fraction of it's followers are violent, but it will prevent terror attacks.
    4th Amendment: Police can search anyone, for any reason, at any time. Reasoning: Everyone's guilty of something.
    BugDude, Alex_C, Aceoky and 4 others like this.
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    VIP Member Array Smitty901's Avatar
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    Get use to it. One more vote on the US Supreme Court and it will be nation wide.

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    VIP Member Array tokerblue's Avatar
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    Quote Originally Posted by Smitty901 View Post
    Get use to it. One more vote on the US Supreme Court and it will be nation wide.
    - Unfortunately, even if the Republicans win the presidential election, it's no guarantee a 2A supporting judge will be appointed. The judge in this case, Alfred V. Covello, was nominated to the United States District Court for the District of Connecticut by President George H.W. Bush.
    BugDude, Hopyard, Aceoky and 2 others like this.
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    Quote Originally Posted by From the decision
    "While the act burdens the plaintiffs' Second Amendment rights, it is substantially related to the important governmental interest of public safety and crime control."
    Despite no infringements being constitutional ... due to government interest in infringing things, we'll allow it.

    No wonder why so many judges are held in contempt.
    tdave, airslot, Alex_C and 3 others like this.
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    VIP Member Array tdave's Avatar
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    Any chance it can be appealed and over ruled?

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    First, the judge is not a POS. He's a Federal Judge. You don't like what he did? Well, his title is "Judge," not "Buddy," or "Guy that will Vote my way." You may not believe this, but lower court Judges often issue rulings they personally do not like. Those are the Judges you want, the ones that follow the law and rules of judicial review, and not the ones that find "the way they want to" all the time. Don't think you know whether he "supports" the second amendment or not; he's a trial Judge, and he's bound to follow the law. He has to follow what the higher courts tell him to follow.

    In doing so he had to determine the STANDARD OF REVIEW. That leads me to my second point - I have said this many times over on this forum: Whether a law passes a constitutional challenge depends in large part on the level of judicial review involved.

    The lowest is rational basis. This is the lowest standard of review for constitutional protections.

    The medium level is intermediate scrutiny. Here the law must further an important government interest in a way that is substantially related to that interest.

    The highest is strict scrutiny. The law must be justified by a compelling governmental interest, the law must be narrowly tailored to achieve that goal or interest, and the law must be the least restrictive means for achieving that interest.

    Here the court chose intermediate scrutiny. That was a victory for the state, and the ruling feell into place after that. Read the opinion. It's not difficult, there a link to it, and it's easy to understand.

    FWIW, I don't like the decision, but it's not like this Judge just ignored precedent and pulled this out of his butt.
    Last edited by PEF; January 30th, 2014 at 11:05 PM.
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    VIP Member Array tokerblue's Avatar
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    Quote Originally Posted by tdave View Post
    Any chance it can be appealed and over ruled?
    - The plaintiff(s) will appeal. Unfortunately, that likely means we're screwed until this hits the SCOTUS. It's possible that NY's lawsuit may be there first.
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    Quote Originally Posted by Smitty901 View Post
    Get use to it. One more vote on the US Supreme Court and it will be nation wide.
    Thats why elections matter people
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    VIP Member Array blitzburgh's Avatar
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    Thanks for teaching me something, PEF.
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    Quote Originally Posted by blitzburgh View Post
    Thanks for teaching me something, PEF.
    This is why I always say NEVER debate whether a gun law is "reasonable." Reasonable is "rational basis," which is the lowest level of review. You alway counter that argument that the second amendment protects a fundament right, and thus the gun law must further a compelling governmental interest, be narrowly tailored to achieve that interest, and must be the least restrictive means to achieve that interest.

    That's the strict scrutiny requirement. Some gun laws can be subject intermediate scrutiny, but I would argue not rational basis ("reasonable" or "common sense") when it comes to gun restrictions....
    Hopyard, chandlerusm and tdave like this.
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    Ex Member Array Gearhead's Avatar
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    I wonder what the Founding Fathers thought of the Jennings 12-shot flintlock that was developed in 1821? Did they call it an 'assault weapon'? Was this the 1st Black Rifle? Were they concerned about horse-and-buggy drive-bys? Apparently not, since they didn't rush back to Philadelphia to re-write the 2A.

    "One of the most unusual repeating firearms ever to be manufactured in the United States was Isaiah Jennings’ repeating flintlock rifle of 1821.

    Built with a detachable skeleton-type shoulder stock as well as a removable 21-inch octagonal barrel, the Jennings rifle was capable of firing twelve shots without reloading. This multi-shot arm was loaded with a dozen superimposed bullets and alternating powder charges, each placed one on top on another down the bore, and was fitted with twelve individual touchholes, each also being equipped with a swivel cover."

    jennings flintlock.jpg

    Isaiah Jennings All-Metal Breechloading Flintlock Rifle

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