Governor Dannel P. Malloy and co-defendants/appellees in the Shew v Malloy challenge to recently-enacted Connecticut gun laws filed their brief Thursday in the United States Court of Appeals for the Second Circuit.
“At 178 pages long, it’s anything but brief,” Chris Lemos of the Connecticut Citizens Defense League, a lead plaintiff in the case, observed. “[W]hat I’ve read so far would be laughable if it didn’t involve the infringement of our Constitutional rights.”
That assertion is what the defense attempts to refute, following a very similar strategy to one upheld on Tuesday in Kolbe v O’Malley, a challenge to Maryland’s Firearm Safety Act. In that case, U.S. District Judge Catherine C. Blake ruled “assault weapons” and their standard capacity magazines “fall outside Second Amendment protection as dangerous and unusual.”
The contentions presented by Malloy’s defense are based on essentially the same arguments, and those can be looked to as bellwethers for what to expect, anticipate, prepare for and refute.