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Judge Upholds Connecticut Ban on Semi-Automatic Firearms
AmmoLand ^ | August 18, 2023 | Dean Weingarten

Posted on 08/26/2023 4:58:47 AM PDT by marktwain

On August 3, 2023, Judge Janet Bond Arterton of the United States District Court for the District of Connecticut ruled on whether the recent Connecticut law banning the possession of common semi-automatic rifles and pistols under the appellation of “assault weapons” and of standard capacity magazines which hold more than ten rounds.

Judge Arterton ruled the law is not prohibited by the Second Amendment. She does not see it as an infringement because, she claims, “assault weapons” and magazines over ten rounds are not arms protected by the Second Amendment. Magazines that hold more than ten rounds are referred to as large capacity magazines or “LCM”s by the court.  From NAGR v. Lamont:

For the reasons discussed below, the Court denies Plaintiffs’ motion for a preliminary injunction because they have failed to meet their burden to demonstrate a likelihood of success on their claim that the challenged statutes unconstitutionally burden their Second Amendment right to keep and bear arms. Plaintiffs’ proposed ownership of assault weapons and LCMs is not protected by the Second Amendment because they have not demonstrated that the specific assault weapons and LCMs in the Challenged Statutes are commonly sought out, purchased, and used for self-defense. Although this failure alone would have been fatal to Plaintiffs’ claim, Defendants have submitted persuasive evidence that assault weapons and LCMs are more often sought out for their militaristic characteristics than for self-defense, that these characteristics make the weapons disproportionately dangerous to the public based on their increased capacity for lethality, and that assault weapons and LCMs are more often used in crimes and mass shootings than in self-defense.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: arterton; banglist; clintonjudge; clintonstooge; commonuse; connecticut; constitution; criminaljudge; ct; dconnecticut; gunban; gungrabber; impeachthejudge; janetarterton; janetbondarterton; noauthority; rapinbilljudge; retirealready; seniormomentjudge; seniormomentstooge; stooge; voicevote
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To: marktwain
the weapons [are] disproportionately dangerous to the public based on their increased capacity for lethality, and . . . assault weapons and LCMs are more often used in crimes and mass shootings than in self-defense.

Inasmuch as the purpose of the 2A is legitimate self-defense by the citizens, the fact that criminals (which can include government entities seeking to deprive Americans of their lawful liberties) habitually use a weapon against the people is the main justification for the people having ready recourse to it.

21 posted on 08/26/2023 5:39:05 AM PDT by SamuraiScot
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To: Yo-Yo

I’d pay good money to hear Justice Thomas get her in a room to “mansplain” his majority opinion in Bruen, giving point after point where she has not a thimbleful of either legal knowledge nor common sense.


22 posted on 08/26/2023 5:42:38 AM PDT by T-Bird45 (It feels like the seventies, and it shouldn't. )
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

23 posted on 08/26/2023 5:43:02 AM PDT by PROCON (Sic Semper Tyrannis)
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To: marktwain

[[, “assault weapons” and magazines over ten rounds are not arms protected by the Second Amendment]]

Very true! It’s right there in black and white in the second amendment......................../s!


24 posted on 08/26/2023 5:43:10 AM PDT by Bob434
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To: marktwain

Janet Bond Arterton is just old and tired.


25 posted on 08/26/2023 5:45:45 AM PDT by Mashood
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To: marktwain

Just another unrepentant stuck in the sixties hippy.


26 posted on 08/26/2023 5:47:41 AM PDT by donozark (I'm so old I can remember when Motel 6 was actually $6.)
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To: marktwain

My opinion is that any Judge who has an opinion overturned on appeal on Constitutional grounds, not merely procedural, should immediately be tossed off the bench and stripped of any license to practice law.

L


27 posted on 08/26/2023 5:48:31 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: marktwain
This is not her "own little opinion". It is towing the cultural-Marxist, Leftist, Progressive, line. Everything for the state. Nothing outside the state.

Of course. But her error is precisely that her own little opinion--in this case, her emotional attachment to the Progressive line, which makes her subjectively feel good--outweighs the plain language of the US Constitution.

As the expression goes, "You had one job. . .

28 posted on 08/26/2023 5:53:21 AM PDT by SamuraiScot
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To: Yo-Yo

For now Heller says it should be overruled. However, if the Democrats win the next election look for a change to the supremes and more tyrannical anti-2a laws that will be upheld. There is a large fraction of the population that does not think we should be able to defend ourselves and they mindlessly vote Democrat. For example when some moron like “Beto” says we”ll confiscate your guns the crowd listening to him cheers wildly. As I’ve said before the politicians are the symptom, the real disease is Democrat voters. Most of them would crawl naked over broken glass to vote against Trump. So if the Democrats win look for a change in court followed by eventual total civilian disarmament followed by “work camps” for conservatives. Remember “Arbeit Macht Frei”


29 posted on 08/26/2023 6:11:27 AM PDT by from occupied ga (Your government is your most dangerous enemy - EVs a solution for which there is no problem)
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To: marktwain

The bitch is going to retire October 15th. I guess she wanted one last shot at the Bill of Rights and America’s Freedom. Old hag.


30 posted on 08/26/2023 6:13:22 AM PDT by FlingWingFlyer ("Say anything you like. Just don't say anything you don't like." - Old communist proverb.)
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To: marktwain

“But, but — your honor! My AR-7 is only half as offensive as an AR-15!”


31 posted on 08/26/2023 6:13:37 AM PDT by BBB333 (The Power Of Trump Compels You!)
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To: DownInFlames

She’s scheduled to retire October 15th. This is her last Kabuki Dance for her far left freaks.


32 posted on 08/26/2023 6:15:59 AM PDT by FlingWingFlyer ("Say anything you like. Just don't say anything you don't like." - Old communist proverb.)
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To: marktwain

You’re right. It should be a 9-0 ruling, but it won’t be.


33 posted on 08/26/2023 6:16:45 AM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: RandallFlagg
Love your screen name.
I used to read those comics in the 80s.

Likewise - best character in the show.

34 posted on 08/26/2023 6:27:22 AM PDT by Ranxerox
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To: marktwain

The judge is utterly incompetent. The Second Amendment isn’t about self-defense, it’s supposed to protect the right of the people to effectively form militia. “Military-styled” arms are EXACTLY what is protected, and there is no deference between a military arm and a self-defense arm, anyway. The weapons ARE in common use, the magazines are STANDARD in their capacity, and both are RARELY used in crime. Everything in her ruling is stupid and false.


35 posted on 08/26/2023 6:40:40 AM PDT by Brass Lamp
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To: marktwain

“A well regulated militia being necessary to the security of a FREE STATE, the rights of the people to KEEP AND BEAR ARMS shall not be infringe

Thank God the framers of the Constitution had the divinely inspired intelligence to use the word ARMS instead of muskets which was the weapon of choice when it was written. Otherwise the second amendment would have become obsolete the minute the musket became obsolete.


36 posted on 08/26/2023 6:41:55 AM PDT by Saltmeat (69)
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To: marktwain

An emergency hearing by SCOTUS would put an end to this real quick.


37 posted on 08/26/2023 6:43:02 AM PDT by faucetman (Just the facts, ma'am, Just the facts )
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To: Saltmeat
Thank God the framers of the Constitution had the divinely inspired intelligence to use the word ARMS instead of muskets which was the weapon of choice when it was written. Otherwise the second amendment would have become obsolete the minute the musket became obsolete.

They knew, very well, that technology would improve over time. They had seen a lot of it. There were, almost certainly, a few matchlocks in use at the time of the ratification of the Second Amendment. There were some famous breechloaders in use, there were air rifles, there were crossbows. Edged weapons were still a staple of warfare.

38 posted on 08/26/2023 6:48:23 AM PDT by marktwain
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To: marktwain

She looks like a lovely person who needs some milk of magnesia.


39 posted on 08/26/2023 7:14:42 AM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: FlingWingFlyer

“The bitch is going to retire October 15th.”

Good riddance, her statement is fraught with so many inaccuracies, that she ought to be barred from hearing any future firearms cases.

“Although this failure alone would have been fatal to Plaintiffs’ claim, Defendants have submitted persuasive evidence that assault weapons and LCMs are more often sought out for their militaristic characteristics than for self-defense, that these characteristics make the weapons disproportionately dangerous to the public based on their increased capacity for lethality, and that assault weapons and LCMs are more often used in crimes and mass shootings than in self-defense.”


40 posted on 08/26/2023 7:20:07 AM PDT by Bshaw (A nefarious deceit is upon us all!)
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