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Section One

Current Litigation: The New York and Connecticut "Assault Weapon" Bans

In 2013, ordinary firearms were redefined overnight and banned as "assault weapons" in New York and Connecticut, which also criminalized standard magazines as "high capacity" feeding devices. These prohibitions are being challenged under the Second Amendment, with emphasis on the Heller test that the subject firearms are commonly possessed by law-abiding persons for lawful purposes. Equal protection and vagueness claims are also alleged.

STEPHEN HALBROOK, Ph.D. .
Attorney at Law

Restoring Order: The Colorado Sheriffs' Second Amendment Lawsuit

In March 2013, the Colorado legislature enacted bills outlawing magazines over 15 rounds, and requiring that temporary loans of firearms among friends be treated as if they were gun sales conducted by a gun store. In May, 55 of Colorado's elected Sheriffs filed a federal civil rights lawsuit against the bills. The Sheriffs and other plaintiffs claim that the bills violated the Second Amendment, the Fourteenth Amendment, and the Americans with Disabilities Act.

DAVID KOPEL
Attorney, Research Director at the Independence Institute