Not much to look at, but here is is. Notice of Appeal filed (pdf)
The actual appeal will probably take a week or so. We’ll post it as soon as we get it.
Judge Covello has just issued his decision. Unfortunately, we did not fare well.
Judge Covello denied our motion and granted the State’s in its entirety.
Not totally unexpected, and we were prepared all along for this possibility. CCDL is in this for the long haul, and you can be sure we will be filing an appeal forthwith.
Here is the decision. Decision and Order (pdf)
UPDATE! Less then 24hrs later, the notice to appeal has been filed!
Here is a Memorandum of Law filed on January 15th by our attorney Brian Stapleton. This is the last document to be filed by either party in Shew v Malloy before Judge Covello suspended oral arguments. So yeah, you can say we had the last word. 🙂
It’s only 8 pages long, but I think Brian made some great points. Give it a read, but remember things can still go either way. No matter what, CCDL will continue to fight for your rights.
Tonight’s (1/22/2014) Home Defense class at Pachaug Outdoor Club has been canceled due to inclement weather. I’ll repost it with a new date as soon as it has been rescheduled.
Oral arguments in Shew v Malloy are canceled!!!! No court on January 30th!!!
From our Lead attorney Brian Stapleton:
“Judge Covello has just canceled arguments currently scheduled. He is going to issue a decision “forthwith.” As soon as I hear I will let you all know.”
No sense speculating at this point. As soon as we hear more I’ll post it. Chances are, either way there will be an appeal, so please donate to our litigation fund if you can.
Here’s the full docket text for document 123:
ORDER: After thorough review of the well-crafted and well-articulated position of the movants, and the responses thereto, the most recent of which was filed on January 15, 2014, the court concludes that oral argument on the pending motions is not necessary. The issues have been comprehensively briefed and the court is prepared to resolve the pending motions without further argument. The order setting the date for argument in this case is hereby vacated. The court will issue a decision on the merits forthwith.
Signed by Judge Alfred V. Covello on 01/21/14.(Covello, Alfred)
Come celebrate our anniversary at the 5th Annual CCDL dinner, to be held March 1st this year at the Aquaturf Club in Plantsville. Relax, enjoy a meal, and share a well deserved night out.
Over the last five years, we have watched our membership grow to over 11,000 members, which has been an incredible show.
Price is $55 per person, and you must show your ticket at the door to gain entry. Tickets may be purchased at our monthly meeting or online. Your ticket will be used for a special door prize, a custom knife handcrafted by the CCDL’s own Matt Gioia, with a handmade sheath. Bring some cash for both gun raffles and the bar.
Dinner will be buffet style, salad and cheese tables are on the menu as well. This event is 4-9pm, with dinner to start at 5:30. We will have some speakers, but not TOO many! This is a night to sit back and enjoy a well deserved meal.
Aquaturf is located at 556 Mulberry st, Plantsville CT, 06479. Phone number is 860-621-9335.
If you can not attend the meeting, tickets may be ordered online with a $2 surcharge to cover the costs. Tickets will be held at the door under the name used to order them.
Click the “Pay Now” button to order.
NOTE: This is a guest post by CCDL’s Fundraising Coordinator, Bob Ferguson.
We had a great CCDL meeting last night with 600+ in attendance. Tom Foley was there to speak to the membership and give his views on PA 13-3 and how the result would have been far different had he been governor. Brian Stapleton, our lead attorney was also there and he gave an excellent presentation on where our case stands, particularly in relation to recent the Federal decision on the NY S.A.F.E. Act. We also introduced ALL of the plaintiffs in the lawsuit. Here are the highlights.
Foley gave a good speech that addressed the new gun laws and his views on the 2nd Amendment. He also focused on the many other reasons that he wants to become Governor, including the poor economic mess that our state is in. His remarks made it clear that he IS a gun owner and a strong supporter of the 2nd Amendment but he is also not a one-issue candidate. There was a brief Q&A session and Foley was asked if he would “repeal SB-1160.” his answer was: “If the legislature was so inclined — the chances of that happening this year is probably the definition of zero — if I were governor and the legislature put in front of me legislation that would reduce the burden on law-abiding gun owners, I would sign it,” I have read comments on other forums that this was a “weak” answer, which in my opinion is not the case. He simply stated that a Governor can’t repeal a law on his own. That has to come from the legislature. However, he said he would sign a repeal if we are able to change the legislature and they put one on his desk.
Brian Stapleton, the lead attorney in the case brought out several positive points about the SAFE act decision that were not widely reported by the media. Brian is also on the legal team for the NY case. Although the decision in the NY case isn’t binding to our case, he was very optimistic going in to the oral arguments on Jan 30th. They key positive in the NY decision was that the Magazine limitation was ruled unconstitutional and found to be “arbitrary” and in fact placed a burden on citizens’ rights to self-defense. That is almost verbatim to our argument in CT. The NY judge also invalidated the prohibition on semi-auto “copies” of fully automatic firearms. One of the most important decisions in the NY case was that the judge found that ALL the firearms in question were “in common use for lawful purposes” which IS the litmus test that the US Supreme Court applied in Heller. NY state and the State of CT have both argued that NONE of the semi-auto rifles or magazines they banned were prevalent in common use or represented a significant market share. This ruling gives us a FAR better case when this moves toward the 2nd Circuit court of Appeals and the Supreme Court. The judge in our case is Alfred Covello who was appointed by George H.W. Bush in 1992. Regardless, whichever side looses in this round will clearly appeal the decision so it’s still a long fight.
In addition to the key speakers, Jonathan Hardy and Beth Drysdale gave an excellent presentation on how to testify at the legislature. There is little doubt that the gun-grabbers will be back for more this session and we can’t give in…not an inch. Last time they listened to NAA, MDA and CAGV. Now, they know that gun owners are a force to be reckoned with.
We also got to meet ALL the plaintiffs in the lawsuit face to face. These are some very courageous people to come forward and put their name on a lawsuit that will follow them for the rest of their lives. They deserve out gratitude. All-in-all, it was one of the best and largest CCDL meetings that I have attended.
NOTICE! This event has been canceled due to inclement weather. I’ll repost it when a new date is set.
• Led by instructors certified in personal protection training and two attorneys
• Topics include:
o Awareness, Avoidance
o “Harden” your home
o Preparing yourself and family
o Emergency equipment
o Scenario discussions
o Legal aspects – including new legislation
• Equipment exhibit, interactive discussion
Hosted by: Niantic Sportsmen’s Club
Presented by: Connecticut Citizens Defense League
Date: January 18th 2014 (Open to Public)
Time: 9:00am to 10:00am
Location: 67 Plants Dam Rd East Lyme, CT 06333 (map)
This is a FREE workshop presented by CCDL and designed to prepare gun owners for public activism to counter anti-gun legislation being introduced in the 2014 legislative session. The 2014 session begins February 5th.
CCDL invites all to attend that are interested in playing a vital role in defense of their liberty and preserving our 2nd Amendment rights in Connecticut. New London-Windham County League of Sportsmen Invited. Bring your friends!
Some of the topics that will be covered:
- How to Prepare Testimony
- How to Submit Testimony
- How to Testify Effectively
- How to Coordinate Public Testimony with Others
- Tips on Watching Legislation and Communicating with Legislators
- How to Become and Remain both Proactive and Vigilant
If you would like to print out a flyer to hang in your favorite gun club or store, you may download one here (pdf).