At least the laws in New York and Connecticut are.
Yesterday a Federal Court upheld Connecticut's new law's restrictions as 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."
Great! So, what ARE these rules that are Constitutional to impose on the Second Amendment right?
More after the squiggle. (yeah, a teaser)
The Federal Court upheld the State of Connecticut's new law passed in April last year. (just as a Federal Court did for New York's, and is likely to do for Maryland)
Under the recent Supreme Court ruling - mainly Heller vs DC - the radical "liberal" justice Scalia that some restrictions on gun ownership are ok. These include laws that (1) prohibit carrying concealed weapons, (2) prohibit gun possession by felons or the mentally retarded, (3) prohibit carrying firearms in sensitive places such as schools and government buildings, (4) impose “conditions and qualifications on the commercial sale of arms,” (5) prohibit “dangerous and unusual weapons,” and (6) regulate firearm storage to prevent accidents. (yes, the liberal was meant in sarcasm)
Basically an out right ban on guns is unconstitutional. Laws so strict as to effectively prohibit any but the most wealthy to own a gun is unconstitutional. Laws so strict that doing anything more than owning a gun (like having requirements to keep it disassembled, locked up with two locks, ammo locked up separate from the gun at all times) is unconstitutional.
However simple common sense rules are fine as long as there is a balancing test that takes into account the extensive evidence of gun crime and gun violence in crafting the law. (which would make NY's split laws fine…NY pistol permits and gun owner permits are not valid in NYC and other down state counties, because -gasp- Upstate NY is not like Downstate NY!)
So again: What are Connecticut's legal restrictions on guns under the Constitution? (as determined by this ruling)
1) 100% background checks. All sales, even between family members.
2) limits on the number of bullets you can have in a gun, limits on the number of bullets a magazine can hold.
3) mandatory registration of certain types of guns: all hand guns, most semi-automatic rifles/shotguns, many large caliber guns, and any gun with certain features as listed by the government.
4) mandatory registration of any magazine "grandfathered" by the law that can hold more than 10 bullets.
5) prohibition of the sale or possession of select kinds of weapons by non-law enforcement persons. (in other words, a ban on "assault" weapons) --I do want to point out that the law had a "grandfather" clause for this also, partly why it passed Constitutional muster, but prohibits the re-sale in the state.
6) permit process for certain types of gun ownership
7) mandatory secure storage of guns not in use
8) State restrictions on the National Firearm Act of 1934 - mainly on what kind of fully automatic guns you can own in the state under your Federal License
9) Probable Cause Seizure - police are allowed to seize any firearms with out a warrant if they have Probable Cause to suspect a person is about to use them in an unlawful manner. (mass killing or suicide)
10) controls on the sale of ammo
11) mandatory safety training
12) creation of a State wide data base of people who are ineligible to own a firearm
All this is Constitutional.
Note that no one is being prevented from buying a gun. What is in the law is simply "conditions and qualifications on the commercial sale of arms". You can buy a .223 cal semi-auto rifle, just not one capable of holding more than 10 bullets at a time. You can buy a handgun as long as you get a permit first and take a safety course and follow safe storage rules. You can sell a gun to that stranger at the bar, as long as you have a background check conducted. You can own that AR-15 you bought in 1992 (or one of the newer models that were designed to meet state law after 92) as long as you register it with the police and let them know when you sell it and to whom.
Your right is not taken away. Any more than your right to speak your mind is taken away by having to get a permit for a parade on a street or a rally in the park.