facebook linkedin twitter

State’s Right to Slow Gun Sales During Pandemic Upheld by 2nd Circuit

July 30, 2021 by Dan McCue
State’s Right to Slow Gun Sales During Pandemic Upheld by 2nd Circuit
Semi-automatic handguns on display in a gun shop. (AP Photo/Keith Srakocic, File)

The 2nd U.S. Circuit Court of Appeals on Wednesday tossed a legal challenge that claimed Connecticut violated citizens’ 2nd Amendment right when it curtailed fingerprinting services during the pandemic.

The Connecticut Citizens’ Defense League and six state residents sued Gov. Ned Lamont and the commissioner of the Department of Emergency Services and Public Protection in 2020, alleging they violated the plaintiffs’ constitutional rights with an executive order allowing temporary suspension of fingerprinting services for firearm permits during the COVID-19 pandemic.

Prior to the outbreak, those who wanted to buy guns needed to be fingerprinted and then to file a request through an automated phone system. That system stopped functioning after fingerprinting services were sidelined.

A lower court ruled in favor of the League and its fellow plaintiffs, and ordered the fingerprinting to resume immediately, but the state quickly appealed, leading to the latest controversy.

On Wednesday, the 2nd Circuit said the lower court got its decision wrong, and that the plaintiffs had no standing to bring the case.

“Our Constitution is clear, the governor has broad authority to protect Connecticut families during a public health emergency,” Attorney General William Tong said. “The Second Circuit Court of Appeals got this decision right—these plaintiffs had no standing and Gov. Lamont’s orders since the onset of the pandemic in March have been lawful and justified.”

The court found that none of the individual plaintiffs had sought fingerprinting services at the Department of Emergency Services and Public Protection headquarters during the pandemic, and had instead sought such services at local municipalities.

The 2nd Circuit agreed with the state’s arguments that the individuals who had gotten fingerprinted from their respective towns no longer had any controversy and their claims were moot.

With regard to the CCDL, the Appeals Court also agreed with the state that it lacked standing as an organization. 

Instead, the court found that the organization is an advocacy group whose core functions and mission involve litigating Second Amendment claims.

A+
a-

In The News

Health

Voting

In The States

January 21, 2022
by Tom Ramstack
Virginia Attorney General Sues Over School Mask Mandates

WASHINGTON — Virginia’s new attorney general continued a hard turn to the right Thursday when he filed documents in the... Read More

WASHINGTON — Virginia’s new attorney general continued a hard turn to the right Thursday when he filed documents in the state Supreme Court asking for a dismissal of a lawsuit against Gov. Glenn Youngkin’s order overturning mask mandates. Youngkin’s executive order last week makes masking in... Read More

January 21, 2022
by Dan McCue
Governor Moves to Update, Expand Massachusetts’ Outdated Wiretap Law

BOSTON — Massachusetts’ wiretap statute, adopted in 1968 as a tool to combat organized crime, is now woefully out of... Read More

BOSTON — Massachusetts’ wiretap statute, adopted in 1968 as a tool to combat organized crime, is now woefully out of date; it needs a major revision to better equip law enforcement for the realities of the 21st century, the state’s governor said on Friday. “As technology... Read More

January 21, 2022
by Dan McCue
Intel to Build $20 Billion Semiconductor Factory in Ohio Amid Chip Shortage

NEW ALBANY, Ohio —Intel, the world’s largest semiconductor manufacturer, announced Friday that it is building a new $20 billion factory... Read More

NEW ALBANY, Ohio —Intel, the world’s largest semiconductor manufacturer, announced Friday that it is building a new $20 billion factory outside of Columbus, Ohio. The news is so big amid a shortage of critical microchips that President Joe Biden used it as a centerpiece for a... Read More

January 21, 2022
by Reece Nations
Biden Administration Defends Migrant Expulsion Policy in Court

WASHINGTON — The Biden administration defended its use of a controversial migrant expulsion policy in court on Wednesday despite criticism... Read More

WASHINGTON — The Biden administration defended its use of a controversial migrant expulsion policy in court on Wednesday despite criticism from immigrant advocates and attorneys. Public health authority Title 42 was invoked by the Trump administration at the onset of the pandemic and allows immigration officials... Read More

Jury in Federal Trial in Floyd Killing Appears Mostly White

ST. PAUL, Minn. (AP) — A jury of 18 people who appeared mostly white was picked Thursday for the federal... Read More

ST. PAUL, Minn. (AP) — A jury of 18 people who appeared mostly white was picked Thursday for the federal trial of three Minneapolis police officers charged in George Floyd’s killing, a case that the judge told potential jurors has “absolutely nothing” to do with race. The jurors... Read More

January 20, 2022
by Dan McCue
Supreme Court Holds Trial Court Erred in Child Killing Case

WASHINGTON — A New York trial court violated a criminal defendant's Sixth Amendment rights when it allowed, over his objection,... Read More

WASHINGTON — A New York trial court violated a criminal defendant's Sixth Amendment rights when it allowed, over his objection, for the reading of a plea transcript of an unavailable witness to be admitted and read aloud in the courtroom. The case before the court, Hemphill... Read More

News From The Well
scroll top