December 23, 2013: In Connecticut, the Connecticut Citizens Defense League’s 2nd Amendment challenge to Connecticut’s new firearms laws is scheduled for a hearing in Hartford, CT before U.S. District Judge Alfred V. Covello on January 30, 2014 at 1pm. Before the hearing date, however, Connecticut citizens will be required to register their assault weapons and large capacity magazines. The registration deadline is January 1, 2014, and, given the penalties, non-compliance is not really an option. The penalties start with a Class A misdemeanor for a first-time violation, but after that, owning an unregistered banned assault weapon is a Class D felony with a sentence of at least one year in prison, which jeopardizes the ability to own any weapons.
In New York City, the SAFE Act seems to have served as the prodding stick to begin enforcing a city administrative code provision which prohibits rifles and shotguns with magazines capable of holding more than 5 rounds of ammunition. Although the regulation has been on the books since 2010, until just recently it has more or less been unenforced, with some people possessing registered long guns which are known to be capable of holding more than 5 rounds of ammunition. Now, however, NYPD has begun sending out confiscation notices to these New York City residents giving them the option of surrendering their long gun, moving out of New York City, or demonstrating that the firearm has been altered to comply with the law.
In Charleston, the West Virginia Citizens Defense League has filed a lawsuit to enjoin the enforcement of a 1990s city ordinance limiting handgun purchases to 1 per month and requiring a 3 day waiting period before selling a handgun. The lawsuit is based upon a new West Virginia law passed earlier this year which limits the authority of cities in West Virginia to create their own laws concerning firearms. Under the law, if a city chooses to create its own firearms laws, the city must opt out of the “Home Rule Program” which grants cities various benefits including the right to impose its own taxes. The problem, according the lawsuit, is that the City of Charleston enacted a tax which is only permitted by the “Home Rule Program,” meaning that the city has not opted out and may not continue to enforce its firearms ordinances. A hearing with respect to the injunction has not yet been scheduled.
Finally, the U.S. v. Abramski case has been set for argument before the U.S. Supreme Court on January 22, 2014. For those that are not familiar, this case is poised to have a critical impact on the sale of firearms as it will resolve an open issue concerning what constitutes a straw sale and who is the “actual buyer” for purposes of ATF Form 4473. For more on this case, click here.