CT New Gun Laws - The UnConstitutional State

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CT New Gun Laws - The UnConstitutional State

Post by EdgaraJones on Sat Apr 06, 2013 1:32 pm

George Mocsary, a visiting law professor at the University of Connecticut and co-author of Firearms Law & the Second Amendment, said some provisions of the bill “clearly don’t pass [constitutional] muster.”

Mocsary pointed to the provision involving the state’s assault weapons ban, which he said would not pass even the lowest level of constitutional scrutiny.

The state’s existing assault weapons ban specifically prohibited 66 weapons and banned any others that failed a “physical characteristics test.” Under the old law, that test outlawed any weapon with two or more “military-style features.” Those features could include things like a pistol grip on a semi automatic rifle, a flash suppressor, or a telescoping stock.

The new law adds about 100 guns to the specifically-banned list of 66 and amends the “physical characteristic test” so a gun with just one military-style feature would be considered an assault weapon. The expanded definition of assault weapon includes the AR-15 style weapon Adam Lanza, the gunman in Newtown, used to murder 26 people.

Mocsary said the constitutional scrutiny the U.S. Supreme Court has applied to gun control cases have required that governments have at least a rational reason for imposing new firearm restrictions. He said Connecticut’s classification of some weapons as assault rifles—both under existing law and the new law—would fail constitutional muster because they are arbitrary in that they are based on cosmetic appearance.

He used the pistol grip feature as an example of a cosmetic feature:

“It doesn’t affect the functionality. They are no more or less deadly because of a pistol grip,” he said. “There isn’t even a rational basis for banning these weapons. Some people might say because they look scary, but is that how we do things in America?”
Source/More Here.

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Re: CT New Gun Laws - The UnConstitutional State

Post by EdgaraJones on Sat Apr 06, 2013 1:58 pm

Let's hope George Mocsar, visiting UCONN Law professor is right (see below) and the CT Gun Law will be ruled Unconstitutional in the near future.

Also, the new gun laws is Unconstitutional on other grounds.

It is also a violation of the 14th Amendment "equal protection" clause. The 14th Amendment says that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." By creating one set of rules for cops and government, and another for citizens, this violates equality under the law when by creating two legal classes of citizens as far as gun rights are concerned.

The new gun law also CLEARLY violates Article 1, Sec 15 of the CT State Constitution which reads; "SEC. 15. Every citizen has a right to bear arms in defense of himself and the state."

Quote from CT News Junkie below:

"George Mocsary, a visiting law professor at the University of Connecticut and co-author of Firearms Law & the Second Amendment, said some provisions of the bill “clearly don’t pass [constitutional] muster and would not pass even the lowest level of constitutional scrutiny."

Since the new law only bans guns arbitrarily put on a list and deemed assault weapons due to the way they look, things like a pistol grip, a flash suppressor, or a telescoping stock,

Mocsary said "the constitutional scrutiny the U.S. Supreme Court has applied to gun control cases have required that governments have at least a rational reason for imposing new firearm restrictions. Connecticut’s classification of some weapons as assault rifles—both under existing law and the new law—would fail constitutional muster because they are arbitrary in that they are based on cosmetic appearance [for example, a pistol grip] doesn’t affect the functionality [of a weapon/rifle]. They are no more or less deadly because of a pistol grip. There isn’t even a rational basis for banning these weapons. Some people might say because they look scary, but is that how we do things in America?”

Quotes from; http://www.ctnewsjunkie.com/ctnj.php/archives/entry/challenges_mulled_as_gun_bill_becomes_law/#more

The 14th Amendment on "equal protection under the law;" http://en.wikipedia.org/wiki/Equal_Protection_Clause

CT State Constitution Article 1, SEC. 15 reads; "Every citizen has a right to bear arms in defense of himself and the state."

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