SAF Challenges Connecticut Magazine Limit in Federal Lawsuit

The Second Amendment Foundation is challenging Connecticut’s ban on so-called “high capacity magazines” in federal court. (Dave Workman)

U.S.A.-(Ammoland.com)- The Second Amendment Foundation has filed a federal lawsuit in Connecticut, challenging that state’s seven-year-old ban on so-called “high capacity magazines,” contending that the prohibition only punishes honest gun owners and hasn’t prevented any crimes.

SAF is joined by the Connecticut Citizens Defense League on behalf of two private citizens, Susan Ross and Domenic Basile. They are represented by New York attorney David Jensen.

Named as defendants are Connecticut State Police Col. Stavros Mellekas; Commissioner James C. Rovella of the state Department of Emergency Services and Public Protection, and Chief State’s Attorney Richard J. Colangelo, Jr., all in their official capacities, SAF said in a prepared statement. The case is known as Ross v. Mellekas.

Connecticut lawmakers instituted the ban in 2013, in an emotion-driven reaction to the 2012 school shooting at Sandy Hook Elementary, in Newtown. By no small coincidence, the school was not far from the offices of the National Shooting Sports Foundation.

The Hartford Courant quoted Po Murray, chairwoman of the Newtown Action Alliance gun control group. She contended that so-called “assault weapons” and “high capacity magazines” are preferred by mass shooters.

“The U.S. Constitution must protect the lives of innocent children and adults in schools not the gun lobby’s pursuit of profits selling weapons of war designed to efficiently kill maximum number of people,” Murray asserted.

Holly Sullivan, Connecticut Citizens Defense League. (Dave Workman)

But Holly Sullivan, president of the Connecticut Citizens Defense League, told the newspaper, “Law abiding gun owners in Connecticut are left more susceptible to harm or death by being limited in their means of self-defense. Criminals who are intent on doing harm will not follow this same law.”

Liberty Park Press obtained a copy of the lawsuit. It alleges violations of the Second and Fourteenth amendments. The lawsuit notes that violators can be charged with Class D felonies.

According to the lawsuit, Ross owns a semi-auto pistol with an original-capacity magazine that can hold 17 cartridges. Basile has semi-auto pistols that hold 15 rounds in their magazines. Both are licensed to carry for personal and family protection, but they are fearful that they could be prosecuted for carrying fully-loaded handguns under the state law.

“This law does nothing more than penalize law-abiding citizens while criminalizing components of handguns they own that were previously legal,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This is a text book example of turning honest citizens into criminals by the mere stroke of a pen by the governor.”

Twenty-six youngsters and adults were killed at the school by a deranged individual who had previously murdered his own mother to gain access to her legally-purchased firearms. As police sped up to the school building, the killer took his own life.

“In their rush to ‘do something’ in the wake of the tragedy at Sandy Hook,” Jensen, the attorney, said, “politicians in Connecticut enacted a slew of restrictions that severely limit the right of self-defense while doing nothing to prevent future tragedies from occurring.

“Nothing is more emblematic of this,” he added, “than the State’s requirement that lawful gun owners load their legally-owned magazines to less than their full capacity as a means of supposedly inhibiting future mass murders. We are pleased to help get this ridiculous restriction off the books.”

The requirement to download magazines has been criticized by gun owners since the law was enacted.

Underscoring their argument is the spree shooting in Isla Vista, California in 2014 in which a deranged man named Elliot Rodger murdered six people including three he fatally stabbed. He had purchased three handguns over the course of several months, passing three California background checks and going through the state-mandated 10-day waiting period for each purchase.
Rodger fatally shot three people and injured several others, using two of the three pistols. Investigators found only California-compliant 10-round magazines in the man’s car after he crashed and committed suicide.

“Original capacity magazines are not dangerous or unusual,” Gottlieb said. “They’re in common use all over the country. But the Connecticut law makes it illegal to use such magazines, which amounts to a deprivation of rights under federal law.”

The Hartford Courant quoted Po Murray, chairwoman of the Newtown Action Alliance gun control group. She contended that so-called “assault weapons” and “high capacity magazines” are preferred by mass shooters.

“The U.S. Constitution must protect the lives of innocent children and adults in schools not the gun lobby’s pursuit of profits selling weapons of war designed to efficiently kill maximum number of people,” Murray asserted.

But Holly Sullivan, president of the Connecticut Citizens Defense League, responded, “Criminals who are intent on doing harm will not follow this same law.”


About Dave WorkmanDave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books #add on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.

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Laddyboy
Laddyboy(@laddyboy)
1 year ago

“The Hartford Courant quoted Po Murray, chairwoman of the Newtown Action Alliance gun control group. She contended that so-called “assault weapons” and “high capacity magazines” are preferred by mass shooters.” This IS a LIE!!! It can be proven, using governmental FBI records that KILLERS PREFER handguns to do their dastardly, Anti-American, “self aggrandizing” deeds. It IS a shame that individuals who FEEL they know best continue to TWIST FACTS in order to LIE, They do this to confuse uninformed Subjects of their malevolent agenda of stripping Legal Law Abiding American Citizens of their RIGHTS. Which the Constitution Acknowledges that these… Read more »

Ej harbet
Ej harbet(@ej-harbet)
1 year ago

This suit should land in scotus! It would shut down one of the fondest dreams of victim disarming scum!
You only need to establish you can get away with mandating a limit. Then you cand drop that limit until it equals revolver capacity. I hope scotus chews this up and spits it into gungrabber faces

gregs
gregs(@gregsodeman)
1 year ago

“The U.S. Constitution must protect the lives of innocent children and adults in schools not the gun lobby’s pursuit of profits selling weapons of war designed to efficiently kill maximum number of people,” Murray asserted.
yea, yea, I remember reading this in the Constitution.
moron!

Finnky
Finnky(@finnks)
1 year ago
Reply to  gregs

@gregs, The constitution does provide for protection of innocent children. How would you expect disarmed adults to protect children?
Protect the second for the children!

Will Flatt
Will Flatt
1 year ago

Po Murray is a stupid b!tch that needs to get back in her kitchen and leave lawmaking to people who actually understand the Constitution!! She needs to reread “SHALL NOT BE INFRINGED” over and over till she gets it (which admittedly will be sometime after Hell freezes over).

Wild Bill
Wild Bill(@wild-bill)
1 year ago
Reply to  Will Flatt

@WF, For her lack of knowledge, she probably got pushed out of the kitchen! Perhaps there is still a way that she could earn a living.

Will Flatt
Will Flatt
1 year ago
Reply to  Wild Bill

Well, politics is a lot like a certain other ages-old profession, but I wouldn’t touch that with a 10 foot pole wrapped in latex!

RoyD
RoyD(@royd)
1 year ago

One of the basic decisions a person should make is whether they are going to live their lives as citizens or subjects. And once that decision is made, do whatever they can do to make it so. Even if it means moving or defying the powers that be where you are.

Wild Bill
Wild Bill(@wild-bill)
1 year ago
Reply to  RoyD

, Suppose they choose wrongly and do all that they can to “make it so” for themselves and … us. What result?

StWayne
StWayne
1 year ago
Reply to  Wild Bill

I was thinking exactly the same thing. My takeaway is that we all do whatever it is that we can to ensure that the battle for hearts and minds never ebbs because it’s a war we fight over ideology.

Will Flatt
Will Flatt
1 year ago
Reply to  RoyD

If people are determined to live as subjects and force us to do likewise are domestic enemies of the Constitution and should be treated as such. Start with tar & feathers and then escalate from there till tyranny is eliminated.

Will Flatt
Will Flatt
1 year ago
Reply to  Will Flatt

Being a servile bootlicker is not necessarily Treason. Treason is defined by the Constitution as ‘adhering to (our) enemies, and giving them aid and comfort’. If they meet the criteria, though, then yeah they will get some neck stretching soon enough!

Grigori
Grigori(@grigori)
1 year ago
Reply to  Will Flatt

Enemies, Foreign AND DOMESTIC…

PMinFl
PMinFl(@pminfl)
1 year ago

Remember… Ct is a small state governed by small minded legislators. Those legislators, however, will tax citizens at an awfully high level in order to live like royalty. I’m glad I left there.

MICHAEL J
MICHAEL J(@retaile23)
1 year ago

Politicians and bureaucrats are always enacting laws that penalize the law abiding. Since anything made illegal is just a token expression of arrogant legislation, why not make everything firearm related 100% prohibited IF used in the commission of a crime? After all, doesn’t all this prohibited gun stuff come out after the fact? “The suspect was a felon, the suspect had a stolen gun, the suspect was mentally ill, the suspect has a history of violent behavior” and the list goes on. More restrictions will never prevent the carnage these ignorant people say it will. It’s been very clear that… Read more »

StLPro2A
StLPro2A(@stlpro2a)
1 year ago
Reply to  MICHAEL J

Michael J, you’re so right…. In 1958. the late Col Jeff Cooper, handgun expert and founder of Gunsite Academy, stated, “Killing is a matter of will, not weapons. You cannot control the act itself by passing laws about the means employed.” A politician with a law never stops a bad guy with a gun. He only controls the good guys which is his true agenda. A legislator with a bill is far more dangerous to the populace as a whole than a citizen….good or bad….with a gun. A politician with a law is a greater threat to citizens than any… Read more »

nobodyuknow
nobodyuknow(@nobodyuknow)
1 year ago

Communist Connecticut in action. Their knee jerk reaction was to penalize honest, law abiding citizens as a result of Connecticut officials hoplophobia and the United States Constitution be damned! I hope that Gottlieb and SAF shoves this outrageous law right up the rectum of these Connecticut officials!

Ryben Flynn
Ryben Flynn
1 year ago

IMO. You’re suing the wrong people. They did not write or sign the Law. You should be suing the State. Those enforcing the Law had nothing to do with the Legislature passing it or the Governor signing it. IMO, that’s who they should be suing.

nobodyuknow
nobodyuknow(@nobodyuknow)
1 year ago
Reply to  Ryben Flynn

Mr. Flynn . . . They are suing the proper people. You need to bone up on your legal knowledge.

BowserB
BowserB(@bowserb46)
1 year ago

How many readers here are members of SAF? I am. It costs money to sue these government agencies–who have virtually unlimited taxpayer money to defend their illegal statutes. Since 1974, Alan Gottlieb and the Second Amendment Foundation have been quietly doing in the courts, what NRA only advertised and took credit for. Now with more and more constitution-supporting judges appointed by president Trump, bad laws are being looked at objectively, thanks to SAF. I have diverted the money that I used to send to NRA, to SAF. No mansions or private flights to Beverly Hills for Alan Gottlieb. BTW, if… Read more »

joefoam
joefoam(@joefoam)
1 year ago
Reply to  BowserB

I’m a member of SAF as well as other progun orgs. I consider it money well spent, much more so than the cash sent to the NRA. As for mag capacity I want one of those that never run dry as depicted in action movies. If using a weapon for self defense the last thing I need is to run out.

Wild Bill
Wild Bill(@wild-bill)
1 year ago
Reply to  joefoam

@Gentlemen, I have nothing to add.

willyd
willyd(@willyd)
1 year ago
Reply to  Wild Bill

WB: Years ago I bought some magazines, from S G and I needed another item to get the free shipping, so in my way I bought a 30 round mag for my Beretta 92. When the shipment arrived my wife asked what I bought the big magazine for, I told her tat I always watched the cowboy movies and wondered why they never reloaded, now with that magazine I didn’t have to reload like them!!!!!!!!!!

willyd
willyd(@willyd)
1 year ago
Reply to  BowserB

BB: So true, SAF, NRA likes to pick and choose, then when another organization does the dirty work, NRA jumps in and claims the victory, so true!!!!!!!!!!!

Bill
Bill(@jarhead57)
1 year ago

That’s like limiting a bow hunters quiver size! I imagine Prince John would have liked such a law in 1215. (Watch Ivanhoe)

Grigori
Grigori(@grigori)
1 year ago

I hope they get these stupid laws overturned. FWIW, here is an excellent PSA a pro-gun videographer produced a few years ago on the magazine capacity topic. I have shown it to none-gun owner friends who thought magazine capacity limits were good. I think it opened their eyes in most cases.

https://m.youtube.com/watch?v=7F1nPSNnaBo

BowserB
BowserB(@bowserb46)
1 year ago
Reply to  Grigori

Good video. I’ve sent a link to several people who need it. BTW, the video points out two needs: standard capacity (15-17 rounds) magazines…and training. Also (spoiler alert) in the dramatization, the guy was lucky to even get to his locked up gun at all. Of course, yes, the theme was mag capacity, so that point was made, as his luck ran out, as did his family’s.

Finnky
Finnky(@finnks)
1 year ago
Reply to  BowserB

@USA – With the right hollow point – maybe. Remember that many jurisdictions already restrict ammo types and are supported by bloomy & co. Hand guns are drastically underpowered, only way for certain stop is a good CNS hit. Even then some (few) people continue moving for a while. Average cop hits 10-15% of the time at 10’ with a handgun and if you face a determined attacker it takes an average of ten GOOD hits to stop them. First round might kill them, but does you no good if they kill you before bleeding out. Point of the video… Read more »

SEMPAI
SEMPAI(@sempai)
1 year ago
Reply to  BowserB


I’m thinking he had a.380? Always a glock 21 .45 acp on the table at couch or sig p226 20 +1 with fatboy 9mms at the ready even when I’m gone at class girlie at home has within reaching distance. But fear and adrenaline are funny things, get upstairs grab the ar pistol.

Wild Bill
Wild Bill(@wild-bill)
1 year ago
Reply to  SEMPAI

, Welcome back from the surf vacation.

SEMPAI
SEMPAI(@sempai)
1 year ago
Reply to  Wild Bill

@Wild Bill
Sooo good took an extra week…thank u sir and my apologies for my rants to you and the rest of the fine people here I wont let that happen again no need to for all that felt kinda bad about it would rather just find him FTF and handle him that way…(the empty hand way)