Senior District Court Judge Alfred V. Covello ruled in favor of the State of Connecticut in upholding their assault weapons ban and other restrictions. The case, Shew et al v. Malloy et al, was brought by the Connecticut Citizens Defense League and others challenging the law enacted after the Newtown shootings.
Gun control advocates were buoyed Thursday by a federal court decision in Hartford that upholds Connecticut’s toughest-in-the-nation assault weapons ban, calling it a constitutionally valid means of balancing gun rights and the government’s interest in reducing gun violence.
“The court concludes that the legislation is constitutional,” senior U.S. District Judge Alfred V. Covello wrote in a decision published late Thursday. “While the act burdens the plaintiffs’ Second Amendment rights, it is substantially related to the important governmental interest of public safety and crime control.”
Just quickly glancing over the opinion that can be found here, it appears that Judge Covello used intermediate scrutiny to decide in favor of Connecticut and relied upon the 2nd Circuit’s ruling in Kachalsky v. Cacace.
From the article in the Hartford Courant, it appears that Judge Covello bought into much of the anti-gun nonsense that Connecticut used to defend the law.
Covello, agreeing with the plaintiffs, concluded that the weapons and magazines are commonly owned and legally used in Connecticut and elsewhere. But he parted company with the plaintiffs when he wrote that the state’s ownership and sales ban is justified when the government’s goal of reducing violence is measured against the ban’s impingement on Second Amendment rights.
The Second Amendment rights of gun owners are adequately protected by the large number of alternate weapons that can be used for protection, hunting and sports events, he wrote.
On several occasions, Covello adopted the state’s arguments that assault weapons are designed, not for cosmetic purposes, but for “lethality.” And he referred to an affidavit by a state expert who asserted that “Connecticut’s bans on assault weapons and large capacity magazines, and particularly its ban on (large capacity magazines), have the potential to prevent and limit shootings in the state over the long run.”
Covello was appointed to the bench for the District of Connecticut by Pres. George H. W. Bush in 1992.