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Bye Bye To Assault Weapons Ban???

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http://www.ctpost.com/local/article/Ruling-on-gun-ban-may-have-impact-on-Connecticut-540291.php

Ruling on gun ban may have impact on Connecticut assault weapons law

A U.S. Supreme Court ruling Monday that Americans have the right to own guns for self-defense wherever they live has focused attention on whether Connecticut's landmark 1993 ban on assault-style weapons could be vulnerable to legal challenge.

The decision casts doubt on handgun bans in the Chicago area, but also indicates that some limitations on Second Amendment rights might escape legal challenge. The 5-4 ruling, with liberals in the minority, was led by conservative Justice Samuel Alito, whose decision sent the issue back to a lower federal appeals court.

Sen. Andrew J. McDonald, D-Stamford, co-chairman of the legislative Judiciary Committee, said that in light of the high court's ruling Connecticut lawmakers will have to study the possible repercussions and may even rewrite the ban on such weapons as the MAC-10, TEC-9, Colt AR-15 and the Colt Sporter.

"It seems to represent a broad attack on states' rights," McDonald said in a phone interview.

But Attorney General Richard Blumenthal, who successfully defended the assault-weapon ban at the Superior Court and state Supreme Court level, issued a statement Monday indicating that he anticipates no immediate impact on Connecticut law. In July 1995, the state Supreme Court upheld the assault-weapon ban.

And the other co-chairman of the Judiciary Committee downplayed the likely impact of the ruling. Rep. Michael P. Lawlor, D-East Haven said Monday that since Connecticut doesn't have an outright ban, current law may stay in place.

"What today's decision says, basically, is you can't make it virtually impossible for private citizens to own guns," Lawlor said. "We in Connecticut don't ban guns. We adopt reasonable rules.

"People can argue about the assault-weapon ban, but there's a federal ban on machine guns and no one's argued that," he said, referring to the 1989 federal law outlawing AK-47s and Uzis.

McDonald predicted the Monday ruling will embolden gun-rights groups to challenge more local and state restrictions.

"It's an opportunistic effort by the right wing of the court to undermine responsible restrictions on gun ownership," he said. "It clearly is going to result in widespread litigation and likely efforts to roll back many of the more recent efforts by the state Legislature."

He said that since the high-court ruling sends the Chicago ban back to the courts, it will probably result in a great deal of confusion throughout the country.

"They haven't given clear parameters on what restrictions will be permitted under the ruling," McDonald said. "It looks like a badly fragmented court issued the opinion today. The conservative wing has cobbled together a bare minimum number of votes to reach consensus on this litigation."

"I think over the next several months we are going to have to review our current laws, particularly our assault weapon ban to determine whether it is jeopardized under this new decision and if it is, to proactively respond as quickly as possible to achieve the same result," McDonald said.

Wayne LaPierre, executive vice president of the National Rifle Association, in a joint statement Monday with Chris W. Cox, executive director, called the Supreme Court decision "a great moment" in American history and a reaffirmation of the Second Amendment right to bears arms.

"But, Supreme Court decisions have to lead to actual consequences or the whole premise of American constitutional authority collapses. Individual freedom must mean you can actually experience it," they said. "This decision must provide relief to law-abiding citizens who are deprived of their Second Amendment rights."
 
It's only a day old. They just got publicly freaked out the fastest I suppose..
CT has been shifting rapidly... It's been fun/odd to watch...

Hopefully it rubs off, but even if it doesn't, it's more "ammo" (proof that evil features play meaningful part in crime/violence, etc...) in court down the line against this state...
 
Glad we have the federal AK and UZI ban of 1989 to keep us safe.................

I wonder if this idiot realizes that 922 had nothing to do with machine guns...

"It seems to represent a broad attack on states' rights," McDonald said in a phone interview.

NOW they care about states rights. Very convenient when it has to do with something they don't like. Priceless.[rolleyes]
 
I wonder if this idiot realizes that 922 had nothing to do with machine guns...



NOW they care about states rights. Very convenient when it has to do with something they don't like. Priceless.[rolleyes]
To the point that one idiot commenting on MSNBC quoted 1A saying "Congress Shall Make No Law" trying to demonstrate how 2A only applies to the feds...

Stunning, but not surprising...
 
Bucketduder, they realize their law is poorly written and can't survive challenges. You see that they are trying to proactively rewrite the law in order to "have the same effect" which means they realize now they need to have a halfway sane legal wording. They don't appear like they are going to repeal it.
 
"People can argue about the assault-weapon ban, but there's a federal ban on machine guns and no one's argued that," he said, referring to the 1989 federal law outlawing AK-47s and Uzis.

Funny, I can't recall a federal law that was passed or adopted in 1989 that fits this description.
 
There will be no functional change to any of these laws until someone wages a challenge... or some states proactively rewrite their laws to dodge such a challenge- which I doubt most would ever do... That's the problem. The thing is, of course, is most AWBs cannot withstand the "guns in common use" clause, considering that there are now tons of "ban" style AR-15s and the like floating around in most of the US, so most of the guns we want are certainly "in common use".

-Mike
 
I had a policeman friend of the family come over the house and I wanted him to see my new M&P15FT.
First thing he said to me was "is this flash suppressor legal" and I showed him the BATF paperwork I had on the
FSC556 Muzzle Brake and that the stock is fixed in place and its perfectly legal. Police dont even know the laws of CT, so how can they enforce them?

SWMP15FT556FCS.jpg



Wonder when the last time a Connecticut Resident was killed by a Bayonet on a Rifle ????? And why is it a law that I cant have a lug on mine!
 
Actually, I think that most of the current AWBs will go, primarily because when analyzed, they prohibit certain firearms based on cosmetics, not function. I can see the hearing at the District Court level where (with proper permission, of course), counsel for the plaintiff offers into evidence a "pre-ban" M4 clone and a "post-ban" M4 clone and the Court says, "Er, what's the difference?" At this point, the AWB becomes arbitrary and capricious, which is usually fatal to most laws and certainly fatal to those that intrude on constitutional rights.
 
I had a policeman friend of the family come over the house and I wanted him to see my new M&P15FT.
First thing he said to me was "is this flash suppressor legal" and I showed him the BATF paperwork I had on the
FSC556 Muzzle Brake and that the stock is fixed in place and its perfectly legal. Police dont even know the laws of CT, so how can they enforce them?

SWMP15FT556FCS.jpg



Wonder when the last time a Connecticut Resident was killed by a Bayonet on a Rifle ????? And why is it a law that I cant have a lug on mine!

Funny, when I was looking for a muzzle brake for my AR15 I looked at that one. The company told me then it was a flash hider. Go figure....
 
Don't worry Massachusetts our AG assured us that the win in Chigago wont affect us because the laws we have only limit gun ownership not ban it. I feel as though my duaghter will be alot safer now when we are invaded and taken over by Canada(yea Canada).
 
Bucketduder, they realize their law is poorly written and can't survive challenges. You see that they are trying to proactively rewrite the law in order to "have the same effect" which means they realize now they need to have a halfway sane legal wording. They don't appear like they are going to repeal it.

We will see..It would not surprise me if they ditch whole thing....
 
Actually, I think that most of the current AWBs will go, primarily because when analyzed, they prohibit certain firearms based on cosmetics, not function. I can see the hearing at the District Court level where (with proper permission, of course), counsel for the plaintiff offers into evidence a "pre-ban" M4 clone and a "post-ban" M4 clone and the Court says, "Er, what's the difference?" At this point, the AWB becomes arbitrary and capricious, which is usually fatal to most laws and certainly fatal to those that intrude on constitutional rights.


Would the same apply to an EOPS list and AG regulations?
 
I can't wait for that damn AWB to die out. I've wanted an SVD since I was in college, didn't have the money then. Well.. Actually, don't have it now. But I can justify it better.
 
Funny, I can't recall a federal law that was passed or adopted in 1989 that fits this description.

Yea...I guess he could mean the Hughes Amendment in the 1986 FOPA...but tha only stopped new machines becoming registered NFA weapons. On the plus side it would seem like it would be easy to overturn with this latest USSC ruling.
 
Would the same apply to an EOPS list and AG regulations?

Actually, the "In common use" clause can be used to strike down the EOPS and AG regs seeing that the very firearms they prohibit ownership of are in "common use" in the majority of states.

It's that very line that can be used to take out the majority of laws banning the purchase of certain firearms in this state as well as large capacity magazines.

We just need a solid case to take to the courts, mainly a person wanting to purchase a 4th Gen Glock, a firearm that is in common use by both police and civilians nationally, just not allowed in Mass.
 
Actually, the "In common use" clause can be used to strike down the EOPS and AG regs seeing that the very firearms they prohibit ownership of are in "common use" in the majority of states.

It's that very line that can be used to take out the majority of laws banning the purchase of certain firearms in this state as well as large capacity magazines.

We just need a solid case to take to the courts, mainly a person wanting to purchase a 4th Gen Glock, a firearm that is in common use by both police and civilians nationally, just not allowed in Mass.

The fatal flaw in your argument is that you claim "prohibit ownership". MGLs does nothing of the kind. The state will just argue that they do NOT prohibit ownership (true), merely prohibit FFLs from transferring. It may mean the same thing to you, but I assure you that the liberal judges in MA will see the difference and I would expect them to rule for the state.
 
The fatal flaw in your argument is that you claim "prohibit ownership". MGLs does nothing of the kind. The state will just argue that they do NOT prohibit ownership (true), merely prohibit FFLs from transferring. It may mean the same thing to you, but I assure you that the liberal judges in MA will see the difference and I would expect them to rule for the state.

I don't think so, the way the law is written is a defacto ban on those firearms, a good lawyer could easily argue this point.

A judge in this state may say the law is just, but once challenged to a higher level it could be overturned.
 
I don't think so, the way the law is written is a defacto ban on those firearms, a good lawyer could easily argue this point.

A judge in this state may say the law is just, but once challenged to a higher level it could be overturned.
Ayup, that's the hope and the right answer. The "right" answer isn't always the courts settle on though. Nothing is a given.
 
NOW they care about states rights. Very convenient when it has to do with something they don't like. Priceless.[rolleyes]

This is equally true of both parties. No child left behind, a signature bill the Republicans passed, is probably the most intrusive piece of federal legislation in history prior to the healthcare package. Complete hypocrisy and total disregard for even a semblance of intellectual honesty seem to be prerequisites for holding elected office.
 
Ayup, that's the hope and the right answer. The "right" answer isn't always the courts settle on though. Nothing is a given.

I agree, it's not a given, but I feel if we start to apply legal pressure through the courts system to every onerous Mass firearms law we might start to see some real reform in this state.

Who knows, if we scare our legislature enough through the court system we could get a better chance of H2259 going through.

Every law needs to be challenged now, force their hand, if they rewrite the law to try and get around the ruling, challenge the rewrite.
 
This is equally true of both parties. No child left behind, a signature bill the Republicans passed, is probably the most intrusive piece of federal legislation in history prior to the healthcare package. Complete hypocrisy and total disregard for even a semblance of intellectual honesty seem to be prerequisites for holding elected office.
Very true...

Much like the paradox of Reagan's assessment that as government expands, liberty contracts as we ramped up the war on drugs, the war on porn, the war on abortion during those times...

Of course, that was in part due to the deal with the devil he made with the christian right to gain power, but there were some of his own personal contradictions in that policy as well...
 
The fatal flaw in your argument is that you claim "prohibit ownership". MGLs does nothing of the kind. The state will just argue that they do NOT prohibit ownership (true), merely prohibit FFLs from transferring. It may mean the same thing to you, but I assure you that the liberal judges in MA will see the difference and I would expect them to rule for the state.

I would expect to see an overturning of a lot of the BS licensing laws in other places as being a defacto ban of ownership of a pistol. Particularly high fees or difficult/impossible to meet standards. As bad as Mass is, other than Boston it's a lot easier to get a license to own a pistol here than it is in DC. I expect laws designed to ban guns while technically meeting Heller will be the first challenged.

The court is absolutely NEVER going to insist that states don't have a right to regulate gun ownership. Read the opinion in McDonald. "Ordered liberty" is mentioned a lot. But I'd argue that excessive fees and other barriers which are transparent attempts to get around Heller will be declared unconstitutional in the same way that poll taxes were ruled.

Looking to the courts to solve every issue of the gun control debate at this point is useless. We have the right, now we need to get state legislatures to grasp the reasoning and act accordingly. In places like MA, that's probably not ever going to happen and everyone here will be stuck with about the same restrictions we have now forever. Even one-gun-a-month would fly under Heller. Fortunately I'll be gone soon, never to set foot in this miserable pesthole again if I can help it. I'll take the fight to someplace where I actually have a chance of being listened to seriously.
 
Looking to the courts to solve every issue of the gun control debate at this point is useless. We have the right, now we need to get state legislatures to grasp the reasoning and act accordingly. In places like MA, that's probably not ever going to happen and everyone here will be stuck with about the same restrictions we have now forever
Here is where the Federal courts can do some good.

The legislature won't listen to us without at least a decent threat from the courts - we are the minority. The state court won't listen to us, they made that clear with Runyan that they will disregard our civil rights as they please. The Federal courts might as they will be comparing what is going on here to circuits around the nation.
 
p.s. BTW, I do agree in principle that it is not a good idea to look to the courts to solve all one's problems. I believe this approach has created some profound problems in the "civil rights" movement. Instead of stripping power from both state and federal government to discriminate, the courts more often simply transferred the power to discriminate to the federal government in hopes that they would be a more benevolent dictator.

That said, they have painted us into a corner leaving us one peaceful option remaining. I think we have to use it and I understand how the civil rights movement felt the same. I think the key is knowing when to stop using the courts as a big hammer, but that time has not come yet...
 
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