Subject: Court decisions        01
From: [victor dura] at [pcohio.com] (Victor Dura)
Date: Wed, 13 Jul 94 06:39:00 -0500


From: Jeff Chan <[c--n] at [shell.portal.com]>
Subject: CT: AW decision, ban text in FTP dir

I've put the June 30, 1994 Connecticut "Assault Weapon" decision
and the text of the ban itself in my ftp dir.  Here's the header:
__
[ftp://ftp.shell.portal.com/pub/chan/judicial/ct-aw.30jun94]

[This file has 3 parts:  Don's annoucement, Dranginis' decision,
and the text of Connecticut's so-called "Assault Weapon" ban.  The
latter two were downloaded from the Forest of Shadows BBS & had
line breaks and other minor editing done.  Clearly the bans in CT,
NJ and CA are ripe for a Supreme Court decision which, if it goes
by law and precedent, we would win.  -- Jeff C.]
__

The file is about 70k...  Thanks to Don ([DonaldB 484] at [aol.com]) for
telling us about these.  The Forest of Shadows BBS is at fido
1:141/520 or by modem at 14.4k: (203) 262-6111
--
Jeff Chan
Internet: [c--n] at [shell.portal.com]
uucp mail: {apple,claris,pyramid}!shell.portal.com!chan
(Disclaimer: Opinions expressed are mine unless otherwise noted.)
+---------------------------------------------------------------+
|      We should measure progress not by how many laws can      |
|       be passed but by how little governing people need.      |
+---------------------------------------------------------------+
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------------------------------

Date: Tue, 12 Jul 1994 22:14:13 -0400
From: [a--er--s] at [gatekeeper.nra.org] (NRA Alerts)
Subject: RELEASE: GUN BAN IS 'UNCONSTITUTIONALLY VAGUE,' says Federal Judge

     WHERE POSSIBLE, PLEASE DISTRIBUTE THIS TO YOUR
     LOCAL MEDIA OUTLETS - NEWSPAPER, RADIO, TV...

FOR IMMEDIATE RELEASE   FOR INFORMATION CONTACT:

July 12, 1994           Bill Powers, 703-267-3820

GUN BAN IS "UNCONSTITUTIONALLY VAGUE," SAYS FEDERAL JUDGE

NRA hails U.S. Court of Appeals decision to strike down Columbus, Ohio 
ban on semiautomatic firearms

(WASHINGTON, DC) -- Declaring the law "unconstitutionally vague," the 
U.S. Court of Appeals for the Sixth Circuit struck down a ban on 
so-called semiautomatic "assault weapons" in Columbus, Ohio.  The July 
11, 1994 opinion, written by Chief Judge Gilbert S. Merritt, was hailed 
as a major victory for the rights of law-abiding citizens and gun 
owners.

"The court recognized the obvious," said Tanya Metaksa, chief lobbyist 
for the National Rifle Association, "that these kinds of gun bans do 
nothing but subject law-abiding citizens to confusing, arbitrary and 
discriminatory regulation and enforcement.  Now it's time for the 
politicians to recognize that fact."

In the opinion, Merritt called the ban on 46 specific firearms and 
"other models by the same manufacturer with the same action design that 
have slight modifications or enhancements" to be vague.  Merritt stated 
that "the ordinance is fundamentally irrational and impossible to apply 
consistently by the buying public, the sportsman, the law enforcement 
officer, the prosecutor or the judge."

The court concluded that, due to the "arbitrary nature" of the 
ordinance, which "the city council simply copied" from a similar 
California law, the entire gun ban is void.

The challenge to the Columbus ban was supported by NRA's Firearms Civil 
Rights Legal Defense Fund.

"This is a big victory for all who believe in our civil rights," Metaksa 
said.  "And it should serve as a reminder to Congress that banning 
lawful firearms ownership is not an answer to crime or any other 
problem."

-- nra --
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