Interestingly, in Shew v Malloy, the very decision from the 2nd Circuit Court that upheld the Connecticut "assault weapons" ban, the majority opinion concluded:
"In Heller II, a case determining the constitutionality of a District of Columbia amendment "promulgated in effort to cure constitutional deficits that the Supreme Court had identified in Heller," the U.S. Court of Appeals for the District of Columbia Circuit thought "it clear enough in the record that semiautomatic rifles and magazines holding more than ten rounds are indeed in common use.'" Heller II, 670 F.3d 1244, 1261 (D.C.Cir.2011).39 However, the court could not "be certain whether these weapons are commonly used or are useful specifically for self-defense or hunting and therefore whether the prohibitions of certain semi-automatic rifles and magazines holding more than ten rounds meaningfully affect the right to keep and bear arms." Heller II, 670 F.3d at 1261.
The Connecticut legislation here bans firearms in common use. Millions of Americans possess the firearms banned by this act for hunting and target shooting. See Heller II, 670 F.3d 1244, 1261 (finding "[a]pproximately 1.6 million AR-15s alone have been manufactured since 1986, and in 2007 this one popular model accounted for 5.5 percent of all firearms, and 14.4 percent of all rifles, produced in the U.S. for the domestic market").40
Additionally, millions of Americans commonly possess firearms that have magazines which hold more than ten cartridges.41 See Heller II, 670 F.3d at 1261 (finding that "fully 18 percent of all firearms owned by civilians in 1994 were equipped with magazines holding more
[994 F.Supp.2d 246]
than ten rounds, and approximately 4.7 million more [of] such magazines were imported into the United States between 1995 and 2000)."42
The court concludes that the firearms and magazines at issue are "in common use" within the meaning of Heller and, presumably, used for lawful purposes."
https://www.leagle.com/decision/infdco20140131a54