Meeting Reminder – May 10th

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, May 10, 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.

Meeting Agenda

  • Legislative Wrap Up

  • Discussion on litigation against the State (Shew v Malloy)

  • Guest Speaker – Christian Ragosta, NRA Grassroots Field Coordinator

  • Candidate Forum (candidates TBD)

  • Family Picnic (volunteers needed)

  • Poker Run discussion (volunteers needed)

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. 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
May 10, 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!!


View Larger Map

Legislative Session Wrap Up

The following is a guest post by CCDL’s Legislative Coordinator, Ray Bevis.
__________________________________________________
The 2016 Connecticut General Assembly adjourned late Wednesday night. This session CCDL tracked 11 firearm-related bills. Of those 11 bills, three passed and are awaiting the governor’s signature before officially becoming law. We would like to thank all the members who took the time to contact legislators and especially the members who attended the public hearings this year. This is an imperative part of preserving our Second Amendment rights here in Connecticut.

The three bills that passed this session are:

A complete list of ALL bills passed this session can be found here: https://www.cga.ct.gov/2016/lbp/lobp.htm

What do these bills mean to us?
H.B. No. 5054 AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE (Effective October 1, 2016)

  • Shortens the deadline by which a person must transfer, deliver, or surrender his or her firearms, ammunition and permits, if they becomes ineligible to possess them as a result of becoming subject to a civil restraining order, civil protection order, criminal protective order, or foreign order of protection involving force, to 24 hours. It extends these requirements to ex parte orders (i.e., those issued without a prior hearing).
  • Gives people who must surrender their firearms, ammunition and permits the option of surrendering them to a municipal police department on the DESPP commissioner’s behalf, instead of just to the DESPP commissioner. It requires the police department, as is currently the case for the DESPP commissioner, to exercise due care when receiving and holding the firearms.
  • The police must destroy any firearms or ammunition that have not been transferred back by the end of one year.
  • Currently, a person subject to an order of protection who violates the firearms and ammunition transfer, delivery, or surrender requirement is guilty of criminal possession of a firearm or ammunition as applicable. The bill extends these penalties to people who commit such violations while subject to an ex parte order. By law, criminal possession of a firearm or ammunition is a class C felony, punishable by up to 10 years in prison with a two-year mandatory minimum.
  • Requires the DESPP commissioner, in conjunction with the chief state’s attorney and the Connecticut Police Chiefs Association, to develop a protocol to ensure that people who become ineligible to possess firearms transfer, deliver, or surrender them as appropriate. The bill requires the commissioner to update the protocol to appropriately apply to the bill’s provisions.
  • The DESPP commissioner must not issue a gun permit, handgun eligibility certificate, or long gun eligibility certificate to anyone subject to an ex parte order. By law, the commissioner may revoke a permit or certificate for any event that would have disqualified the holder from being issued such a credential.
  • Under the bill, DESPP must reinstate a gun or ammunition credential it revoked based on an ex parte order, if the order expires and the respondent, who is not otherwise disqualified, notifies DESPP and it verifies the expiration.

H.B. No. 20 AN ACT CONCERNING CARRYING A FIREARM WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL (Effective October 1, 2016)

  • This bill lowers, from .10% to .08%, the blood alcohol content (BAC) level that triggers a presumptive violation of the law’s prohibition on carrying a loaded firearm while under the influence of alcohol or drugs.

S.B. No. 455 AN ACT CONCERNING WEAPONS IN VEHICLES (Effective October 1, 2016)

  • This bill codifies case-law by exempting, from the existing ban on carrying certain weapons in a vehicle, someone having a dirk knife or police baton in a vehicle while lawfully moving his or her household goods or effects from one place to another or from one residence to another. (State v. Deciccio)

What should you do now?
If your legislator voted to protect your rights, send them a “Thank You” note or email. Offer to volunteer on their campaign.

If your legislator voted against your rights, send them a cordial note or email stating they will not have your vote in November and you will make sure to ask everyone you know in their district NOT to vote for them.

The best way to protect our rights is to get the right people elected.

Don’t know how your Senator/Representative voted? You can find the tally sheets for H.B. 5054 at:
https://www.cga.ct.gov/…/V…/s/2016SV-00288-R00HB05054-SV.htm (Senate)
https://www.cga.ct.gov/…/V…/h/2016HV-00154-R00HB05054-HV.htm (House)

Don’t know who your legislator is? Find out at:
https://www.cga.ct.gov/asp/menu/cgafindleg.asp

__________________________________________________

Note: since the legislature failed to pass a budget this session (the one bill they were required to pass), a special session will be called. The session is supposed to only address the budget, but it’s not uncommon for legislators to try and slip in pet bills that failed to pass during the regular session. CCDL will continue to follow the goings-on in Hartford, and will will notify our membership of any anti-gun wording in the budget.

Last Chance To Stop Gun Confiscation Bill!

There are only days left in this year’s legislative session.
Amended H.B. 5054 AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE already passed the House late Wednesday night by a 104 to 42 vote (special thanks to Representatives Rob Sampson and Doug Dubitsky for their valiant effort fighting this bill in the House) and will be called in the Senate any day. This bill seizes firearms, ammunition and permits from legal gun owners that have an Ex Parte Temporary Restraining Order (an order WITHOUT a hearing) filed against them. Nearly half of these Temporary Restraining Orders do not become full restraining orders. WE NEED EVERY MEMBER to call these key Senate leaders, as well as your own Senator today, and tell them to vote NO on H.B. 5054. Call the offices listed below and ask to speak with one of the Senators listed and leave a message. Feel free to use the scripted message below if needed.
You can find your local Senator and their contact information HERE.

Senate Republican Office: (860) 240-8800
Senator Len Fasano
Towns represented: Durham, East Haven, North Haven, Wallingford
Senator Toni Boucher
Towns represented: Bethel, New Canaan, Redding, Ridgefield, Weston, Westport, Wilton
Senator Tony Hwang
Towns represented: Easton, Fairfield, Newtown, Weston, Westport
Senator Scott Frantz
Towns represented: Greenwich, New Canaan, Stamford
Senator Kevin Kelly
Towns represented: Monroe, Seymour, Shelton, Stratford

Senate Democrats Office: (860) 240-8600
Senator Cathy Osten
Towns represented: Columbia, Franklin, Hebron, Lebanon, Ledyard, Lisbon, Marlborough, Montville, Norwich, Sprague
Senator Gayle Slossberg
Towns represented: Milford, Orange, West Haven, Woodbridge
Senator Paul Doyle
Towns represented: Cromwell, Middletown, Newington, Rocky Hill, Wethersfield
Senator Joan Hartley
Towns represented: Waterbury, Middlebury,  Naugatuck
Senator Andrew Maynard
Towns represented: Griswold, Groton, North Stonington, Plainfield, Preston, Sterling, Stonington, Voluntown

Scripted Phone Message Opposing H.B. 5054:
Hi Senator,
My name is _______________________,
I’m calling to voice my opposition to House Bill 5054. I urge you to vote NO on this bill. I oppose H.B. 5054 AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE because…..
— [Just pick ONE of the following reasons OR use your own] —
…we already have two laws (Sec. 29-38c & 46b-38b) that remove firearms from an abuser, these are immediate and available 24 hours a day, not just during normal court hours.
…if this bill passes an ABUSER can easily file for a temporary restraining order to disarm the victim. Many women own legal firearms for protection.
…this bill will cause many wrongfully accused people to have their personal property seized prior to having a chance to be heard by a judge.
…if this law was truly about protecting victims, it would address the other weapons that a more commonly used. Guns are the least commonly used weapon in domestic violence incidents.
If you have any questions, please feel free to contact me at ________________.
Thank you for your time and have a good day.

CT Legislators Are About To Vote On YOUR Rights! Action Needed ASAP!

Legislative Alert!
There is slightly more than a week left in this year’s legislative session. The following gun bills may come up for a vote as early as tomorrow!  Please call the House and Senate leaders, as well as your own Representative and Senator today, and tell them to take the specified actions on the pending bills below.

  • House Majority Leader: Joe Aresimowicz – (860) 240-8500
  • House Minority Leader: Themis Klarides – (860) 240-8700
  • Senate Majority Leader: Bob Duff – (860) 240-8600
  • Senate Minority Leader: Len Fasano – (860) 240-8800

Also be sure to your call your local Representative and Senator as well, and tell them how you, as one of their constituents, want them to vote on the following bills.
You can look up your local Representative and Senator and their contact information here: www.cga.ct.gov/asp/menu/cgafindleg.asp
_____________________________________________________________________________

Oppose HB 5054

AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE

This bill would violate due process rights for gun owners. Nearly half of these Temporary Restraining Orders do not become full restraining orders
_____________________________________________________________________________

Oppose HB 5623

AN ACT CONCERNING VIOLENCE AGAINST WOMEN, ACCESS TO MARSHALS, AND VICTIMS OF HUMAN TRAFFICKING

This bill would violate due process rights for gun owners. Nearly half of these Temporary Restraining Orders do not become full restraining orders.
The same identical language from HB 5054 is included in this bill. This bill is a very unsettling attempt to divide gun owners to make them look like we somehow support human trafficking.
_____________________________________________________________________________
Oppose HB 5408

AN ACT CONCERNING THE PRESENTATION OF A CARRY PERMIT

This bill would undermine the “reasonable suspicion” clause in the current law and would deprive gun owners of Constitutional rights protected under the 4th Amendment.
_________________________________________________________________________________

Support HB 5409

AN ACT CONCERNING APPLICATION REQUIREMENTS FOR A TEMPORARY STATE PERMIT TO CARRY A PISTOL OR A REVOLVER.

 This bill is a worthy of support. This will help establish uniform criteria for local issuing authorities across the state.

________________________________________________________________________________

It is critical to contact your legislators to let them know your positions on these bills. Your communication with your elected officials is the only thing that will stop anti-gun bills from passing, and help pro-gun bills to pass. Remember, their job is to represent YOU!
If you need more information before contacting your legislators about these bills, please visit our blog for useful information, or email Ray Bevis at legislative@ccdl.us
CCDL’s strength lies in the actions of its members.  Please take action as soon as possible. Our rights are at stake!

Immediate Action Required! Contact Your Legislator Today

To all CCDL members,
The following bills have passed out of committee, and will be going to the House and Senate for a vote.
Please call or email your state Rep and your state Senator and ask them to take the following actions:
_____________________________________________________________________________

Oppose HB 5054

AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE

This bill would violate due process rights for gun owners. Nearly half of these Temporary Restraining Orders do not become full restraining orders
_____________________________________________________________________________

Oppose HB 5623

AN ACT CONCERNING VIOLENCE AGAINST WOMEN AND VICTIMS OF HUMAN TRAFFICKING

This bill would violate due process rights for gun owners. Nearly half of these Temporary Restraining Orders do not become full restraining orders.
The same identical language from HB 5054 is included in this bill. This bill is a very unsettling attempt to divide gun owners to make them look like we somehow support human trafficking.
_____________________________________________________________________________

Oppose HB 5408
AN ACT CONCERNING THE PRESENTATION OF A CARRY PERMIT This bill would undermine the “reasonable suspicion” clause in the current law and would deprive gun owners of Constitutional rights protected under the 4th Amendment.
_________________________________________________________________________________

Support HB 5409

AN ACT CONCERNING APPLICATION REQUIREMENTS FOR A TEMPORARY STATE PERMIT TO CARRY A PISTOL OR A REVOLVER.

 This bill is a worthy of support. This will help establish uniform criteria for local issuing authorities across the state.
________________________________________________________________________________

It is critical you contact your legislators to let them know your positions on these bills. Your communication with your elected officials is the only thing that will stop anti-gun bills from passing, and help pro-gun bills to pass.
If you need more information before contacting your legislators about these bills, please visit our blog for useful information, or email Ray Bevis at legislative@ccdl.us
Our strength lies in the actions of our members.  Please take action as soon as possible. Our rights are at stake!

Gun-Seizure Law Makes Us Less Safe

The following is a guest post by Brooke Cheney.
Brooke is a competitive shooter (IDPA), certified Range Safety Officer, certified firearms instructor, and an active CCDL member. She owns A Great Start Shooting School in Harwinton, CT.
This article was originally published in the Republican-American newspaper.

_________________________________________________________________


Even if they’ve never set foot in a courtroom, Americans know they have the right to “tell it to the judge.” This fundamental right, known as the right to due process, is the Fifth Amendment to the Constitution. It’s a right our Colonial ancestors didn’t enjoy. As subjects of the British crown, they routinely were abused by government agents who brought false, baseless charges against innocent people. Our ancestors had no right to tell their side of the stories, face their accusers or demand evidence of crimes.

Today, Connecticut lawmakers are debating a bill that would take us back to the days when the government trampled our rights and freedoms. Under House Bill 5054 and others, the government could seize a person’s firearms without giving him a chance to tell his side of the story or face his accuser in court. He wouldn’t even have to be accused of a crime. Under this bill, a law-abiding citizen could be forced to hand over his firearms based solely on a brief statement by an accuser. Innocent people would have no right to defend themselves before being deprived of property and due process.

Our Constitution is under assault. Gun-control groups are trying to undermine our freedoms and chip away at our constitutional protections. Supporters of H.B. 5054 claim they want to protect victims of domestic violence by taking firearms from the accused. However, under this proposal, there is no way to know if they are taking the guns away from the abuser or the abused.

As a firearms instructor, I have heard many stories of women choosing to become educated with firearms to defend themselves against their abusers. This bill could leave victims of domestic violence defenseless. A better approach would be to change the attitudes and behaviors of the abusers, and promote measures enabling victims to defend themselves.

A tragic case in New Jersey illustrates the folly of gun-control laws. Carol Bowne, 39, of Berlin, N.J., was stabbed to death by her ex-boyfriend. Bowne had applied for a firearms permit in an attempt to defend herself — months before she was attacked. Bowne was granted a restraining order, but she knew it was only a piece of paper and would not protect her if her ex-boyfriend chose not to abide by it. But New Jersey’s gun-control laws prevented her from being able to defend herself.

This tragedy also shows that if you take away guns from domestic abusers, they will find other weapons, or acquire firearms illegally.

H.B. 5054 is part of the fear-based agenda Connecticut lawmakers have adopted in recent years. In 2013, they imposed a ban on magazines with capacities greater than 10 rounds, banned all new general-purpose sporting rifles (a measure that was found ineffective because of the rarity of crimes committed with these rifles based on the federal assault-weapons ban of 1994), and imposed registration on all of the state’s existing rifles — while ignoring the suggestions from the FBI’s multi-year study on how to prevent school shootings.

H.B. 5054 is ripe for abuse by angry, bitter domestic partners, unhappy neighbors or coworkers, anyone who just doesn’t like you. Our lives can be messy, and motives are not always clear. But what is clear is our right under the Constitution to defend ourselves against an accuser and tell our side of the story.

I urge Connecticut’s lawmakers to reject H.B. 5054, no matter how well-intentioned the proponents are.

_________________________________________________________________

NOTE: The Judiciary Committee will be debating this and other related bills this coming Monday, March 28th. We urge members to call or email members of the committee and tell them not to strip domestic violence victims of their ability to defend themselves from violent abusers without the opportunity to tell their side of the story to a judge.

ALERT! Email NOW!

Did you submit your testimony for today’s public hearing?
Why not? You still have time. Testimony may be emailed up until 10am today.
Don’t know what to write?
Don’t know where to email it?
Just don’t have the time? Maybe this will help you. COPY & PASTE this letter below, fill in your information & email it to JUDtestimony@cga.ct.gov by 10:00am today.
MAKE SURE YOUR VOICE IS HEARD!
________________________________________________________________
14 March 2016

Dear Judiciary Committee members;

I’m a resident of Connecticut and wish to voice my opposition to the following raised bills;

H.B. 5054 ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’

H.B. 5623 ‘AN ACT CONCERNING VIOLENCE AGAINST WOMEN AND VICTIMS OF HUMAN TRAFFICKING’

H.B. 5622 ‘AN ACT CONCERNING THE AVAILABILITY OF ERASED RECORDS IN DETERMINING WHETHER A PERSON IS A SUITABLE PERSON TO CARRY A PISTOL OR REVOLVER’

S.B. 429 ‘AN ACT CONCERNING SERVICE OF RESTRAINING ORDERS’

I ask that all members of the committee not support these bills.
Thank you for your time.

Sincerely,
[INSERT: your name]
[INSERT: address (optional)]
[INSERT: town, CT zip]
[INSERT: phone # (optional)]

Resources For Monday’s Public Hearing

We hope ALL of you will be attending or at least submitting written testimony for Monday’s public hearing. The antigun groups are mobilizing their members, it is vitally important we make our voices heard!
CCDL Legislative Coordinator Ray Bevis has put together the following resources to help you out. If you have any questions, you may email Ray at legislative@ccdl.us

Resource Sheet for:

2016 – H.B. No. 5054 AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE

2016 – H.B. No. 5597 AN ACT PROTECTING DOMESTIC VIOLENCE VICTIMS SEEKING RESTRAINING ORDERS

2016 – H.B. No. 5623 AN ACT CONCERNING VIOLENCE AGAINST WOMEN AND VICTIMS OF HUMAN TRAFFICKING

 Some Points to Raise:

  • Try not using the word victim, instead try using applicant or applicant of the ex parte restraining order.
  • Try referring to the alleged attacker as the respondent or subject.
  • Taking away a person’s natural right of protection without a hearing, without a criminal charges, without a police report, without due process.
  • This is just a gun grabbing law.
  • For an ex parte application, a judge cannot determine a fair preponderance of the evidence on the basis of one biased affidavit.
  • Connecticut already has a seizure of firearm provision for persons posing a risk of injury to self or others under 29-38c – “Seizure of firearms of person posing risk of imminent personal injury to self or others”.
  • Connecticut already has a seizure of firearm provision for when a peace officer determines that a family violence crime has been committed under 46b-38b.
  • Many states, including Connecticut, already prohibit people with violent misdemeanor convictions from acquiring or possessing firearms or ammunition, regardless of the offender’s relationship to the victim.
  • Applicants of temporary restraining orders commonly apply for them days and sometimes weeks after the alleged incident happened and often without a police report filed.
  • Alleged domestic violence victims are not required to report to the police in order to obtain a restraining order.
  • Rights are striped without a chance to be heard and without a police report.
  • If a crime is serious enough to cause an individual to lose a fundamental constitutional right, then that crime should be serious enough for a police investigation.
  • Police are trained to administer the Lethality Risk Assessment, which is the evidence-based instrument that’s used to identify domestic violence victims who are at heightened risk of injury or worse.
  • In 2014, 45% of all ex parte temporary restraining orders were found not to be valid after the hearing.
  • In 2015, 37% of all ex parte temporary restraining orders were found not to be valid after the hearing.


Background Information


Ex parte: /ˌɛks ˈpɑrtiː/ is a Latin legal term meaning “from (by or for) [the/a] party”. An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.

Protective / Restraining Order Glossary

Other References & Resources

Firearm possession & domestic violence restraining orders report from OLR:

CONSTITUTION OF THE STATE OF CONNECTICUT:

THE FAMILY VIOLENCE ARRESTS ANNUAL REPORT FOR 2014 with great visual charts.

Hands, fists, feet were the most commonly used weapon to commit the murder used in 38 percent of the incidents

In only two incidents was there either an active or expired Court Order of Protection

In the 24 family violence homicides, hands, fists, feet were the most common weapon, nine (38%). Other weapons included knives, eight (33%) and firearms, seven (29%).

2014 Findings & Recommendations Connecticut Domestic Violence Fatality Review Committee

Letter to Gov. Malloy from Rachel M. Baird, Attorney

Regarding Connecticut Ex Parte Restraining Orders, Due Process, and Amending the Laws to Discourage Abuse of Process and Protect Victims of Domestic Violence.

Connecticut judicial branch statistics

Connecticut judicial branch statistics for restraining orders

CT Uniform Crime Reports: Publications & Statistics

U.S. Government’s open data

Here you will find data, tools, and resources to conduct research, develop web and mobile applications, design data visualizations, and more.

Restraining Orders Out of Control by Gregory A. Hession, J.D. 2008

Connecticut Law About Domestic Violence

New Gun Bills for 3/11/2016

S.B. No. 454 (RAISED) JUDICIARY. ‘AN ACT CONCERNING AUTOMATIC ERASURE OF CRIMINAL RECORDS’, to ensure that criminal records subject to erasure are automatically erased and to provide notifications of such erasure.
REF. JUDICIARY

S.B. No. 455 (RAISED) JUDICIARY. ‘AN ACT CONCERNING WEAPONS IN VEHICLES’, to address an issue presented in State v. Jason William DeCiccio, 315 Conn. 79 (Conn. 2014).
REF. JUDICIARY

*NOTE: SB455 in its current form makes no changes as far as gun rights are concerned. We’re following it to make sure it stays that way.