The Time Is Forthwith

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!

Memorandum Of Law

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.

Memorandum of Law (pdf)

IMPORTANT! No Court On January 30th!!!

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.

UPDATE 2:30pm:
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)

Meeting Recap

NOTE: This is a guest post by CCDL’s Fundraising Coordinator, Bob Ferguson.
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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.

Litigation Updates

Meet The Plaintiffs
Don’t forget tonight (January 14th) lead attorney Brian Stapleton and all of the plaintiffs in Shew v Malloy will be at our regular monthly meeting.

Oral Arguments Begin 01/30/14
This is the first piece of what we have been waiting for! The Oral arguments are set for 1/30/2014 at 1:00 PM in Courtroom One, 450 Main St., Hartford, at the Abraham A. Ribicoff
Federal Building before Judge Alfred Covello. The proceedings are open to the public.(If you want a seat in the courtroom, you will need to arrive early).
Courthouse rules:

  • All persons entering the courthouse MUST show a government-issued photo ID.
  • Cellphones, laptops, tablets, or other electronic devices are NOT allowed in the courthouse.
  • Firearms, knives, or weapons of any type are not allowed in the courthouse.

More court information may be found at their website: http://www.ctd.uscourts.gov/content/hartford
UPDATE 1/21/2014: The judge has canceled oral arguments, and intends to issue a decision based on the evidence submitted. There will be no hearing on 1/30/2014

Document Dump
I have a bunch of documents from the case for your reading pleasure. Most are from our side, the last one is from the state.

Speaking Of Lawsuits

Earlier I mentioned the NSSF lawsuit being dismissed. Well, in related news, OUR lawsuit was assigned a court date today.
I was waiting for a little more info, but since CCDL President Scott Wilson just mentioned it on John Rowland’s radio show on WTIC, I’ll go ahead and give you what little I know so far.
The hearing is set for January 30, 2014 at 1:00 PM in Courtroom One of the Abraham A. Ribicoff Federal Building, 450 Main St., Hartford, CT before Judge Alfred V. Covello.

UPDATE 1/21/2014: The judge has canceled oral arguments, and intends to issue a decision based on the evidence submitted. There will be no hearing on 1/30/2014