Federal Court Declares Universal Background Checks and Weapons Offender Registry Constitutional

Federal Court Declares Universal Background Checks and Weapons Offender Registry Constitutional

by Richard Rowe

It's long been a canon of law in the United States that any state can pass a law, and any governor can sign it -- but the Federal court ultimately decides if it stays in effect. Following the Sandy Hook Massacre, Connecticut Governor Dannel Malloy signed into law what advocates call some of the strongest and most comprehensive gun legislation in the country.  On January 31st of 2014, a Federal court upheld the law, setting a watershed precedent for the rest of the nation.

U.S. District Court Judge Alfred Covello -- appointed by G.W. Bush, no less -- had this to say on the verdict.

[box type="shadow"]“The court concludes that the legislation is constitutional. While the act burdens the plaintiffs’ Second Amendment rights, it is substantially related to the important governmental interest of public safety and crime control."[/box]

Malloy said of the decision:

[box type="shadow"]"The common-sense measures we enacted last session will make our state safer, and I am grateful for the court’s seal of approval. Let’s not forget that this has happened before. In prior instances when Connecticut has passed related firearms laws, there have been similar challenges and they have all been unsuccessful."[/box]

Prior to Sandy Hook, Connecticut had fairly loose gun control laws, particularly compared to neighboring states and California. With the Federal court having upheld the decision, Connecticut has developed what will almost certainly become model legislation for other states that are serious about cutting down on gun violence. Some of the bill's provisions are boilerplate, and already have precedent. But a few represent the kind of legislation that 2A nutjobs have long feared. They include:

• Universal NICS background checks for all gun purchases and transfers from licensed firearm dealers. This includes all PRIVATE and GUN SHOW sales. Also, the weapon can't be loaded when transferred, which keeps private owners from handing unapproved people their guns.
• Expansion of the assault weapons ban, inclusion of many AR and AK variants, particularly semi-auto rifles with pistol grips and detachable magazines. Of particular interest is a provision that adds as an "assault weapon" feature any "shroud that encircles the barrel, allowing the user to hold the barrel without getting burned." This alone covers a huge number of AR-15 variants that manufacturers try to pass off as "hunting rifles."
• A ban on magazines that hold more than ten rounds of ammunition, as well as semi-auto guns with internal magazines that hold more than ten rounds. Shotguns with revolving cylinders and semi-auto shotguns that accept detachable magazines are also illegal if they also have a pistol grip.

Connecticut already had laws on the books allowing courts to seize guns for up to 14 days if they believed a person was a danger to themselves or others. But to gun nuts, the following provision will likely prove the most chilling...because it contains the word "registry."

[box type="shadow"]The law contains provisions for a "Weapons Offender Registry," that works much like a Sex Offender registry for those who have used a deadly weapon in the commission of an assault, sexual assault, manslaughter, kidnapping, burglary or any felony that involves threatening the use of a firearm. "Deadly weapons" include guns, switchblade and gravity knives, bludgeons and metal knuckles. This registry is eyes-only for police officers, having been requested specifically by the police to keep track of dangerous individuals and put them on notice that they're being watched. Once a year for five years after conviction or release from prison, offenders would have to check in with local police to verify their status and address.[/box]

Again, it's worth noting that all of these provisions have been judged constitutional by the federal court,  so at this point, any state or municipality has free rein to enact similar laws without fear of successful appeal from 2A Nutjobs & Friends.

The universal background check is now a Constitutional reality in America.

Alex Jones blames the Illuminati.

Read the full text of the law here, and see a condensed summary of the banned assault weapons and assault weapon qualifications here.

Richard Rowe