CCDL Joins Amicus In Kolbe v. Hogan (Maryland)

Today, CCDL joined a number of law enforcement and gun rights groups in filing an amicus curiae brief in the case of Kolbe v. Hogan. This is a case in Maryland that seeks to overturn their unconstitutional ban on so-called “assault weapons”.

CCDL and our members have a vested interest in this case, as any ruling by the Supreme Court in this case would have a national impact on similar gun bans; including Connecticut’s.

You can read the brief as submitted here: USSC 17-127 Amicus Brief – Kolbe v Hogan (pdf)

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

________________________________________________________

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.

Last Day

If you plan on registering your so-called assault weapons and magazines that hold over 10 rounds, today is the deadline.

If you are going to Middletown to hand them in personally, expect limited parking and VERY long lines. Also they will be closing early because it’s New Years Eve. I’ve heard both 3pm and 4pm close times mentioned. It is unknown what may happen if you are still in line at that time.

If you are mailing your forms in, they MUST be postmarked before midnight tonight. Most Post Offices will also be closing early because of the holiday. Most will be closing the lobby at 12 noon. That will also be the last collection time from the mailboxes there, no matter what time is stated on the box. Some locations may stay open later, but you should assume they won’t.

If you still need any forms, you may download them here:
http://ccdl.us/blog/2013/10/10/forms/

If you have any questions, look here first:
http://ccdl.us/blog/2013/12/23/registration-faq/

If you need forms notarized or don’t have a printer, Woodbridge Firearms Trading Post will be open from 10am until 4pm today, and they will have a Notary Public on hand, as well as copies of all forms needed. There is a post office (that closes at noon) nearby.

Preban “Assault Weapons”

One of the biggest questions we’ve seen about the new CT gun laws concerns so-called pre-ban assault weapons. These are firearms that were manufactured before September 13, 1994. The new law appears to specifically exempt them from the new ban/registration, as long as they were legal under the previous Connecticut Assault Weapon Ban. This was the topic of much discussion at this month’s presentation on the new firearm laws. Many discussions have also been had among gun owners and even FFLs about this, with some dealers refusing to touch prebans, and others openly advertising them for sale.

A few weeks ago I emailed the CT DESPP Special Licensing and Firearms unit about this, and the reply was these preban firearms are in fact currently exempt from registration and are legal to buy/sell. Since an email doesn’t carry much weight, a CCDL member who owns such a preban paid an attorney to get this in writing from the CT Commissioner of Public Safety. Remember, this is not legal advice, and if you own or are considering buying one of these firearms I would recommend you discuss this with your own lawyer. I also suggest you have good written proof as to the date of manufacture. Also remember that the Commissioner doesn’t write the laws, nor is he a judge or jury. He only tells the State Police how to interpret the law. That can always change, and has changed in the past. For now, here is the letter from Attorney David Clough to Commissioner of Public Safety Reuben Bradford. Following that is the reply
letter from Commissioner Bradford that states these preban firearms are exempt from registration and transfer restrictions.

You may also download pdf files of the two letters here:
Clough2Reuben.pdf
Clough-David-PA-13-220.pdf