The Plaintiffs filed this action on September 29, 2022 seeking a declaratory judgment that Connecticut’s “assault weapon” ban is unconstitutional and seeking a permanent injunction against enforcement of that ban. On Tuesday, January 31, 2023, the United States Justice Department, through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), published a new rule in the Federal Register, effective immediately, redesignating a class of firearms known as “any other firearm” or simply “others” as either “rifles” or “short barreled rifles” depending on the barrel length. For most people in the United States who own “other” firearms with short barrels, the new ATF rule requires that they register the firearms with the ATF or replace the short barrel with a longer one. Those with “others” with barrels of sixteen inches or greater, need not do anything in response to the rule.
However, redesignating “others” as any type of rifle pushes them within the definition of “assault weapon” banned in Connecticut. “Others” were legal in Connecticut and did not fall under the “assault weapon” ban because they were neither “rifles,” “shotguns,” nor “pistols” – each of which (in the relevant configuration) falls within the definition of “assault weapon.” Until January 31, 2023, Connecticut residents, including the Plaintiffs, lawfully owned and peaceably used tens of thousands of “others.” Like all legal firearms purchased in Connecticut, each “other” was purchased with the express approval of the Connecticut Department of Emergency Services and Public Protection’s (“DESPP”) Special Licensing and Firearms Unit (“SLFU”). As of January 31, 2023, those tens of thousands of previously legal firearms are “assault weapons” – the simple possession of which is now a FELONY.