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Ex Post Facto – Connecticut’s “Assault Weapon” Ban Is Blatantly Unconstitutional

2nd Amend.

Ex Post Facto – Connecticut’s “Assault Weapon” Ban Is Blatantly Unconstitutional

Clearly, Connecticut’s law is an ex post facto law. It is a criminal statute prescribing criminal penalties.
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As regular readers—and other sentient beings—know, the “Constitution State,” the state of Connecticut, has recently passed a law outlawing firearms and accessories—particularly magazines with greater than ten rounds capacity—that were previously entirely unremarkable and lawful. This law, and the potential for the deadly abuse of law-abiding citizens in the enforcement of it, have greatly concerned Americans. I’ve played some small part in informing that concern with a series of articles beginning with: “Connecticut: The Coming Storm.”

Connecticut’s law seems prima facie unconstitutional in that it is arguably a direct assault on the Second Amendment. It essentially outlaws an entire class of firearm, which is made more egregious by the fact that the class—AR-15 type rifles—is the most popular in contemporary America. The Supreme Court’s Heller decision noted that firearms usually and commonly in use are not subject to bans. The fate of magazine capacity limits is not quite so clear, but surely at some point, restricting the number of cartridges available to free men in defense of themselves, their families, their state and their nation must run afoul of the Second Amendment.

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