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Old March 25, 2010, 12:13 PM   #2
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,057
Quote:
All in all, deprivation of a firearm permit may not represent the same day-to-day hardship occasioned by the seizure of a vehicle used for daily transportation, as in Krimstock, or interference with a businessperson’s livelihood, as in Spinelli. Yet the Connecticut Constitution establishes a clear liberty interest in a permit to carry a firearm – an interest that is highly valued by many of the state’s citizens. See Conn. Const. art. I, § 15 (“Every citizen has a right to bear arms in defense of himself and the state.”). Though not overwhelming or absolute, we conclude that the private interest at stake remains significant.
It's worth mentioning that Spinelli v. City of New York is a Sotomayor opinion, finding:

Quote:
The district court erred, however, in dismissing the due process claim. Plaintiff has a protected property interest in her gun dealer license. Although she was not entitled to a hearing before her license was suspended, she was entitled to notice and an opportunity to be heard after the suspension, and the City’s policy of delaying any such notice and hearing until after a police investigation is completed, which can take years, does not comport with due process. “[O]nce the City took possession of [the dealer's] property pending investigation, it was incumbent upon the City to provide a prompt hearing.” p. 27
From yesterday's Kuck opinion:

Quote:
Our procedural due process analysis is controlled by the three-factor test prescribed in Mathews v. Eldridge, . This test requires that we balance: “(1) the private interest at stake; (2) the risk of an erroneous deprivation of that interest through the procedures used and the probable value (if any) of alternative procedures; (3) the government’s interest, including the possible burdens of alternative procedures. p. 6
It's not a coincidence that some of that looks like (mild) intermediate scrutiny. It's good news for folks in Connecticut.
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