ALERT! Public Hearing On Gun Bills

NOTICE OF PUBLIC HEARINGS ON THURSDAY, MARCH 3, 2016
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The Public Safety and Security Committee will hold a public hearing on Thursday, March 3, 2016 at 11:00 A.M. in Room 2E of the Legislative Office Building (LOB) in Hartford. Sign-up for the hearing will begin 9:00 A.M. and conclude at 10:00 A.M. in Room 2E of the LOB. Please submit 35 copies (bring a few extra) of written testimony to committee staff at 9:00 A.M. in Room 2E of the LOB. Testimony received after the designated time may not be distributed until after the hearing.

Please email written testimony in Word or PDF format to pstestimony@cga.ct.gov. The committee requests that testimony be limited to matters related to the items on the Agenda. The first hour of the hearing is reserved for legislators, constitutional officers, state agency heads and chief elected municipal officials. Speakers will be limited to three minutes of testimony.

The committee encourages witnesses to submit a written statement and to condense oral testimony to a summary of that statement. Unofficial sign-up sheets have no standing with the committee. All public hearing testimony, written and spoken, is public information. As such, it will be made available on the CGA website and indexed by internet search engines.
If you have any questions email Ray Bevis, CCDL Legislative Coordinator at legislative@ccdl.us

BILLS BEING HEARD
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Oppose: H.B. No. 5408 AN ACT CONCERNING THE PRESENTATION OF A CARRY PERMIT.
To require the holder of a permit for the carrying of any pistol or revolver to present such permit upon request of a law enforcement officer.

This bill (if it becomes Law) would remove the requirement for a person to be under ‘suspicion of a crime’ and compel individuals produce a permit to carry firearms upon request. Currently, a sworn officer needs reasonable suspicion of a crime being committed in order to request a permit to be produced. This is similar to the need for reasonable suspicion to pull an automobile over.

 

Support: H.B. No. 5409 AN ACT CONCERNING APPLICATION REQUIREMENTS FOR A TEMPORARY STATE PERMIT TO CARRY A PISTOL OR A REVOLVER.
To create uniform criteria for the issuance of a temporary state permit to carry a pistol or revolver.

This bill (if it becomes Law) would remove the ability for local local issuing authorities to ask for additional information beyond what is already required by state Statute (29-28). This would mean that applicants in every municipality would have the same standard for requirements  when applying for a permit to carry firearms.

 

No Position: S.B. No. 20 AN ACT CONCERNING CARRYING A FIREARM WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL.
To lower the alcohol in blood ratio from .100 to .080

This bill (if it becomes Law) would lower the blood alcohol level to .08; the same as it is for drunk driving.

 

LINKS:
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Happy Birthday!

Today CCDL turns 7 years old.

On the evening of February 16th, 2009 a group of people who only knew each other through posts on an internet forum got together for dinner at a restaurant in Newington, called “Hops”. At that dinner the Connecticut Citizens Defense League was born.

The restaurant went out of business shortly after, but CCDL continued on, and has grown to almost 22,000 members today. This year, when we celebrate our 7yr anniversary, instead of 2 tables in a local restaurant, we hope to fill 30 tables at the Aquaturf Club, and everyone is invited!

CCDL President Scott Wilson, myself, and the entire Executive Board wish to thank our members for all of their support, effort and contributions over the last seven years. It’s been a wild roller coaster ride, with lots of ups and downs. Through it all, you the members have kept us going.
Thank you all so very much.
Carry On!

Shew v. Malloy Filed With SCOTUS – Press Release

02/11/2016
for Immediate Release:

(Groton, CT) – The Connecticut Citizens Defense League along with fellow plaintiffs have filed an appeal to the Supreme Court of the United States (Shew v. Malloy). The appeal challenges part of Public Act 13-3 (An Act Concerning Gun Violence Prevention and Children’s Safety) that was enacted by the Connecticut Legislature back in 2013.

The plaintiffs are challenging the ban on certain firearms that look similar to assault rifles. The plaintiffs claim that these are common semi-automatic firearms that only shoot once when the trigger is pulled; identical to others not banned. Real “assault rifles” are full-automatic and can fire multiple times when the trigger is pulled. Real assault rifles are already highly regulated by both federal and state government, and civilian ownership is quite rare.

The plaintiff’s challenge has been narrowed to focus strictly on the banned firearms and not magazines that contain 10 rounds or more as originally argued. The legal strategy behind this tactic is to offer the Supreme Court consideration to solely address this single issue with the hope that they will hear the case.

A similar case is expected to be filed soon in New York that may broaden the challenge to address magazines.

Comments from CCDL President Scott Wilson:
 
“We are thankful to finally have our petition filed with the Supreme Court. We have waited patiently for nearly three years to get to this stage, and we hope that the court will hear our arguments”.

“The firearms that have been banned under Public Act 13-3 are common firearms that are owned and enjoyed by millions of Americans throughout the country. They are excellent tools for home defense, and great for competition, hunting and target shooting. The law also bans firearms and features that enhance safety and allow physically disabled persons to exercise their rights and enjoy these same activities”.

“The Connecticut Citizens Defense League wishes to thank our fellow plaintiffs (especially June Shew) for being a part of this journey for justice. We also wish to thank our devoted members, numerous gun clubs, retailers, private individuals and of course the NRA-ILA for their help and support in getting us to this stage”.

“Public Act 13-3 infringes upon rights guaranteed by both the federal and state Constitution. Connecticut residents deserve to have these rights restored and protected by the Supreme Court”.

The filed petition (486 pages) may be downloaded here: Shew v. Malloy SCOTUS Petition as filed (pdf)

–End–

About the CCDL: The Connecticut Citizens Defense League was formed in 2009 by a small group of concerned citizens as a non-partisan organization to advocate second amendment rights in the state of Connecticut. Since their founding, the group has grown to nearly 22,000 members from across the state.

Thanks to this large supportive base, the CCDL has become a fixture at the state capitol, and well-recognized by committees that see firearms related bills.

As the go-to organization in the state they are consulted regularly by lawmakers who have questions and concerns about pending legislation or existing laws. For more information on the CCDL please visit http://www.ccdl.us

Press Contact:

Scott Wilson

president@ccdl.us

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Supreme Court challenges are extremely expensive. The total bill for DC v Heller was $3.5 million.
CCDL is an all-volunteer, free to join non-profit organization (501c4).
As such all the money to fund this fight for your constitutional rights comes solely from donations. If you can afford to, please donate to our Litigation Fund.
Thank you.

Legislative Action Alert!

HB 5054 ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’
This bill, if it becomes law, would require individuals who have been served with an ‘Ex Parte Temporary Restraining Order’ to surrender any and all firearms prior to a hearing before a judge. Firearms would be required to be surrendered within 24 hours of an individual being served with such an order.This is a bill that is similar to the one that gun owners defeated last year.

Please contact members of the Joint Committee on Judiciary and your State Legislators and ask them to oppose HB 5054.

Points to make:

  • This bill will violate ‘Due Process’ without the opportunity for a hearing prior to the forced surrender of firearms.
  • This bill violates the 2nd Amendment and CT State Constitution.
  • This bill would impose criminal penalties and fines if the 24 hour window is not met.
  • This bill has no provision for the return of legally registered “Assault Weapons” or “Large Capacity Magazines” (as now defined by state statutes). Once surrendered they may not be transferred back.
  • Firearms that are transferred to a FFL may require the recipient of an Ex Parte TRO to pay hefty transfer fees.
  • Nearly half of all Ex Parte Restraining Orders in 2014 were vacated and did not get ordered by a judge to become a Full Restraining Order.
  • Often claims of feeling threatened by an individual are false claims by a spouse or partner seeking to gain an advantage over custody or control of property.
  • There are several laws already on the books (Sec.29-38c and Sec.46b-38b) that allow seizure of firearms while addressing some of the above concerns. Opponents of those laws claim some people are afraid to involve police, but police and marshals must still be involved if this bill passes.

Update On Shew v Malloy

The following is a statement from CCDL president Scott Wilson and lead attorney David Thompson.

On Thursday (2/11/2016) CCDL along with the other name plaintiffs will be filing our request for the United States Supreme Court to take up our case on appeal (Shew v Malloy).

This is an important moment in the case. Our appeal is going to focus on the ban on so-called assault weapons, but we want to emphasize that we haven’t given up in any way, shape, or form on the challenge to the magazine ban.

We remain fully committed to ensuring that the magazine ban is thrown out. But we want to give the Supreme Court a menu of options – so our petition will focus on the ban on safety enhancing features, and we expect that a subsequent petition in the New York case will focus on both magazines and the banned features.
Rest assured that if the Supreme Court wants to take up both issues (firearms and magazines), it will have the ability to do so, and that whatever ruling comes from the Court on magazines will redound fully to the benefit of Connecticut.

More information about the petition will be available on Thursday after it is filed with the Court.

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Supreme Court challenges are extremely expensive. The total bill for DC v Heller was $3.5 million.
CCDL is an all-volunteer, free to join non-profit organization (501c4).
As such all the money to fund this fight for your constitutional rights comes solely from donations. If you can afford to, please donate to our Litigation Fund.
Thank you.

Member Meeting Tonight

CCDL holds its monthly general membership meeting at 7:00pm on the 2nd Tuesday of each month at the Elks Lodge in Middletown, CT.

Our next meeting is Tuesday, February 9, 2016.

All CCDL members are welcome and encouraged to attend. We have a request from the property owners to please do not park on the grass when attending the meeting (I don’t think we have to worry about that this month!).

Meeting Agenda

  • Legislative Coordinator Ray Bevis will lay breakdown the landscape of proposed 2A related legislative proposals, or likely proposals.

  • Discussion on Shew v Malloy (Assault Weapon Challenge) Major Update including filing date and legal tactics

  • Discussion on 2016 state elections

  • Guest Speaker: Clay Cope (candidate US Congress 5th District)

  • Voter Registration Table

  • CCDL Anniversary Dinner Tickets available on site

  • Events planning update

Merchandise
We sell CCDL merchandise at the meeting, buy it there and save on shipping.
We also sell limited edition items that are not available in our online store. For hunting season we have camo/blaze hats, $25 each.
We still have patches, pins, and magnets (perfect to put on your car, gun safe, or refrigerator). We also sell the car decals in assorted colors and sizes that you can’t get online.

Food Drive
CCDL collects canned goods/non-perishables at all our meetings to be donated to local charities. The holiday season is here, and the local food banks get stretched thin. Please bring non perishables to the meeting. If everyone that attends brought at least one canned good we would be helping to feed MANY!

Middletown Elks
44 Maynard St
Middletown, CT 06457
February 9, 2016 7:00pm-9:00pm
Please park in the event lot to the left of the building (looking at it from Maynard St) and enter the upstairs banquet hall at the front of the building. please do not park on the grass!!


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New Open Carry Memorandum

The state just issued an new memorandum concerning open carry.
Hopefully this clarifies the issue if open carry is legal (with a permit), and if you need to show your permit to the police if asked.
Here is the first page and a half, out of six pages:

open carry memo 2-2016

Now please go and read the whole thing. It covers how they may “request” your permit, and how they might then use things against you.

You may read the full memorandum and download a copy here:
open-carry-memo-feb-2016 (pdf)

Major Win For Gun Rights

A few hours ago, gun rights received a major boost with a favorable decision in the 4th Circuit Court of Appeals.
Kolbe v. Hogan (formerly known as Kolbe v. O’Malley) is a case in Maryland very similar to our Shew v. Malloy here in CT. Both cases concern bans on so-called “assault weapons” and “Large Capacity Magazines”. Both cases argue that the ban on “copies” of banned assault weapons is unconstitutionally vague. In both cases the courts failed to apply strict scrutiny, instead applying a lower standard.

Today the Court of Appeals issued its decision. They vacated the lower court’s decision upholding the assault weapon ban and magazine limits, and returned them back to the District Court for failing to apply the required strict scrutiny under the 2nd Amendment. This means the case isn’t over, but the state will now have a far more difficult chance to win.
Strict scrutiny “requires the Government to prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest” and that [t]o be narrowly tailored, the law must employ the least restrictive means to achieve the compelling government interest.”
The lesser intermediate scrutiny merely “requires the government to ‘demonstrate . . . that there is a reasonable fit between the challenged regulation and a substantial government objective.’”. Strict scrutiny should be a difficult standard for Maryland to satisfy.

This may set up a split decision among the various Federal Circuit Courts, which greatly increases the chances of the Supreme Court taking up ours or a similar case.

Speaking of our case, this will slightly delay our filing with the Supreme Court, as our legal team analyzes this ruling and adjusts our case to these new facts. Also, I must remind everyone that Supreme Court cases are VERY expensive. If you can afford to, please donate to our Litigation Fund. CCDL is an all volunteer organization, which means every donation goes right to the fight for your rights, not to pay our salaries, like some other organizations do. We are also a 100% free to join organization, which means everything we do comes from your generous donations. Please donate here: Litigation Fund

If you would like to read the entire 90 page decision, you can download it here: Kolbe v Hogan opinion (pdf)

Blog Updates Via Email

CCDL is the best resource there is to stay up-to-date on pending gun legislation and issues here in Connecticut. For the newer members, we’ll repeat a few older posts to help you get the most from this resource.

CCDL usually sends out 1-2 emails a month to keep our members updated on what’s going on with the organization and our gun rights. With the political climate the way it is, things sometimes happen far too fast to wait for a monthly email. A good way to stay up to date with everything happening is to subscribe to this blog. Just look down the right side of the blog home page (http://ccdl.us/blog/) and you will see a place to enter your email address. It looks like this:

Simply enter your email address and press the subscribe button.
You will then get a confirmation email from “CCDL Blog”. Open that email and press the Confirm Follow button. Now you will get an email when there is a new post here. Don’t worry, if you ever change your mind, every email has a link to unsubscribe.

One last thing, if you are active on Facebook, besides the Official CCDL page, there is also a CCDL discussion group. It’s a good place to interact with fellow CCDL members.

2016 Legislative Session Begins

Yesterday was the opening day of the state legislative session. This is a short year (they adjourn May 4th) so things will move quickly. We already have a few gun-related bills to track. Remember, the full list of all the bills we’re following can always be found under “Pending Legislation” in the menu above, or at this link: http://ccdl.us/blog/2016-legislation/

H.B. No. 5054 REP. SHARKEY, 88th DIST.; REP. ARESIMOWICZ, 30th DIST.; SEN. LOONEY, 11th DIST.; SEN. DUFF, 25th DIST. ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’, to implement the Governor’s budget recommendations.
REF. PUBLIC SAFETY AND SECURITY

S.B. No. 20 SEN. LOONEY, 11th DIST.; SEN. DUFF, 25th DIST.; REP. SHARKEY, 88th DIST.; REP. ARESIMOWICZ, 30th DIST. ‘AN ACT CONCERNING CARRYING A FIREARM WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL’, to implement the Governor’s budget recommendations.
REF. PUBLIC SAFETY AND SECURITY