Meeting Reminder – June 9th

CCDL holds its monthly general membership meeting at 7pm on the 2nd Tuesday of each month at the Elks Lodge in Middletown, CT. Our next meeting is Tuesday, June 9, 2015.
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

  • The decision in the Federal Court Appeal that CCDL and other litigants are suing over (Shew v Malloy) should be here soon. We are days away from the typical time frame that an appellate court takes to reach a decision. We have a very special meeting for Tuesday, which will include a visit from Chris Conte. Chris is litigation counsel for NRA-ILA and has done a lot to help coordinate legal legwork associated with this case. Chris will talk about the lawsuit’s future and other aspects of Connecticut gun rights.
    Connecticut Local Counsel Martha Dean will be in attendance and so will Tom King, the President of the New York State Rifle and Pistol Association. NY is fighting the SAFE Act law which is similar to the law that we are fighting here in CT (PA 13-3/13-220).
  • A full post-legislative breakdown will be presented by CCDL Legislative Coordinator Ray Bevis. Ray will be providing statistics about membership involvement and effectiveness at the meeting. He has worked very hard this session along with Chris Lemos to bring Legislative information to our members in real-time.
  • Jonathan Hardy will talk about recent events with the BFPE and permit issues.
  • We will be talking about the upcoming CCDL Family Picnic as well as the Poker Run.
    The CCDL Family Picnic date has been set for 9/19/2015 at Boothe Memorial Park in Stratford. A flyer for the event should be available soon.
    The CCDL Poker Run is set for 9/26/2015. All proceeds go to support the lawsuit against the unconstitutional gun law (PA 13-3/13-220) that passed in 2013.
    Mark your calendars!
  • Christian Ragosta. the NRA Grass Roots will be in the house to answer questions.

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. Right now we have patches, pins, and magnets (perfect to put on your car, gun safe, or refrigerator). We also sell the car decals in assorted colors besides white.


Food Drive
CCDL collects canned goods/non-perishables at all our meetings to be donated to local charities. The holiday season may be over, but people still need to eat. 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
June 9, 2015 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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Two Years

Two years ago today we filed a lawsuit, Shew v. Malloy, against Connecticut’s new (at the time) unconstitutional gun control law, Public Act 13-3. You can read the press release from that day here. We’re still waiting for the latest ruling in that case, which hopefully will be issued any day now. We just want to thank everyone who’s helped get us this far. You’ve helped us retain some of the best Second Amendment lawyers in the country to help fight this thing. And fight we will. All the way to the Supreme Court if necessary, to restore your rights and bring Connecticut back in line with its constitution and the majority of the country.
Thanks for your donations, and thanks for standing with us.
Carry on!

Connecticut Bar Association

An article published recently in the “Connecticut Law Tribune” states that the Connecticut Bar Association (CBA) is considering joining with the Brady Center to submit an amicus in support of Connecticut’s unconstitutional gun law, Public Act 13-3.

“The Connecticut Bar Association is a membership organization of Connecticut attorneys working to advance the principles of justice, the practice of law and the public understanding of the law.” according to the CBA website.

According to the Law Tribune story, The question of whether the CBA should join the amicus being drafted by the Brady Center will go to the CBA House of Delegates for a vote this coming Monday, July 21. The article also claims an email was to have been sent out to all members of the CBA advising them to tell their representatives if they have concerns about the group getting involved in “a social or political matter.”

We know there are quite a few CCDL members who also belong to the Connecticut Bar Association. We urge them to contact the CBA and their representatives before July 21 and tell them how you feel about the CBA siding with the Brady Center and against the constitutionally protected rights of the citizens of CT.

Two lawyers that we know of already have. Scott D. Camassar of the law firm Stephen M. Reck, LLC, and Rachel M. Baird of the law firm Rachel M. Baird & Associate.
Both attorneys have graciously shared their letters with CCDL. Read them both, and if you are a member of the Bar Association as well, be sure to submit your own letter before Monday.

UPDATE: Attorney Martha Dean sent us a copy of her letter to the CBA, as well as further info about the upcoming CBA vote. She writes:

The Connecticut Bar Association is about to vote on whether to become a signatory to the Brady Center’s amicus brief in Shew v. Malloy (the federal lawsuit challenging the constitutionality of CT’s new firearms law). CBA’s Human Rights Section is pushing this anti-2nd Amendment position within the organization. Please share and forward this information on to all pro-2A attorneys and any other attorneys who would be concerned about this blatant and, in my view, entirely improper, politicization of CBA. Ask them to make their voices heard in writing and/or at the meeting this coming Monday. Any attorney who is a member of CBA can send written feedback to the CBA executive committee c/o this address: cdejohn@ctbar.org ON OR BEFORE SUNDAY JULY 20, 2014. Any CBA member can attend the Special Meeting to discuss whether CBA should sign-on to the Brady brief on Monday, July 21 at 6 p.m. at CBA Headquarters in New Britain. In order to attend the special meeting, CBA members MUST SIGN UP BY (tomorrow) THURSDAY, JULY 18 here >> https://www.ctbar.org/Calendar/Signup.aspx?EventNo=8195

Full disclosure – Martha Dean is one of many lawyers involved in our lawsuit, Shew v. Malloy.

Scott Camassar letter (pdf)

Rachel Baird letter (pdf)

Martha Dean letter (pdf)

Litigation Update – Amicus Brief

Amicus Brief is short for “Amicus Curiae Brief”. Amicus Curiae is Latin for “friend of the court”. It’s a legal brief filed with the court by someone who is not an actual party to the litigation, but who believes that the court’s decision may affect its interest. Well, yesterday the Attorney Generals from twenty-three states filed an Amicus Brief in support of our appeal in Shew v. Malloy. Those states are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming. All 23 of these states agree that Public Act 13-3 infringes upon the rights of the citizens of Connecticut, and if allowed to stand may eventually set a precedence for infringing upon the rights of all US citizens. You may read or download a copy of the brief here:
Shew v Malloy States’ Amicus Brief (pdf)

Fundraising Nets Tremendous Gains

The following is a member update from CCDL President Scott Wilson

When CCDL first vowed to help lead an effort to challenge any new anti-gun laws, we started earmarking funds immediately. Using funds from our operations account, we quietly set off on the path to mount a proper challenge to what would become Public Act 13-3. We started this well in advance of that law even being written. Understanding the costs that are associated with a major federal 2nd Amendment lawsuit (both DC v. Heller and McDonald v. Chicago cost well over $1,000,000 each),  we felt it was important to start early and keep at it as long as it takes.

Shortly after, an alliance was formed between the Connecticut Citizens Defense League and the Coalition of Connecticut Sportsmen, who along with other plaintiffs would file suit against the State of Connecticut. The National Rifle Association has also been helping from behind the scenes in numerous ways.

To date, the mindset of our attorneys in this legal action has been to not disclose the amount that has been collected for the lawsuit. Since the State is now well aware that we are committed to see this matter through to the end, that time has passed.

For all of the efforts of this organization, numerous gun clubs, certain firearms retailers and individuals the funds collected so far are approaching the half a million dollars mark. While we have a very long way to go, we realize how important it is to let everyone know that all of the fundraising, contributions and other efforts are keeping this case moving forward. Our case against the State (Shew v. Malloy) is now headed into the appellate level (2nd circuit court of appeals). A brief will be filed with the Appellate Court this Friday, May 16th.

The path to victory is unfortunately long and expensive, but the cost of defeat is far worse.
On behalf of the Executive Board of CCDL I would like to thank our members and all 2nd Amendment supporters for your efforts in bringing us to where we are today. Carry On!

Scott Wilson
President

Long Gun Permits

Just a reminder, on April 1, 2014 the last major part of Connecticut’s unconstitutional new gun laws takes effect. Starting April 1st, you will no longer be able to buy a rifle or shotgun with just a hunting license or 14 day waiting period. You will be required to have ONE of the following:
  ‣ valid Pistol Permit
  ‣ valid Eligibility Certificate to Purchase Pistols or Revolvers
  ‣ valid Eligibility Certificate to Purchase Long Guns

You will also now have to complete an Application to Purchase Firearms (DPS-67-C), a Sale or Transfer of All Firearms form (DPS-3-C) in quadruplicate, and call DESPP for an authorization number. Just like you do now for a handgun. Remember, just like with handguns, the seller must retain the DPS-67-C for 20 years, and copies of the DPS-3-C must be given to the buyer, DESPP’s Special Licensing and Firearms Unit, and the buyer’s local police department. The seller and the buyer must retain the DSP-3-C for 5 years.

If you don’t have one of the above 3 permits, you can get a Long Gun Eligibility Certificate Application Packet by calling the Special Licensing and Firearms Unit at 860-685-8290. You may also download a screen-fillable pdf of the application itself here. The cost for the application is $35.00 for a 5 year term. An additional $50.00 for the State Fingerprints and $15.00 for the Federal Fingerprints are also associated with the application. State law § 29-37q requires that not later than 60 days after receipt of the national criminal history records check from the FBI that the application be approved or notification of denial be made.

The Long Gun Eligibility Certificate will also allow you to buy ammunition, but it does not allow you to purchase handguns, or carry handguns in public.

sample Long Gun Eligibility Certificate

Questions About “Assault Weapon” Registration & Magazine Declaration

With just about a week left before the December 31, 2013 deadline to register your so-called assault weapons and large capacity magazines, we’re getting a ton of emails with questions like how to fill out certain parts of the forms, or what does or doesn’t need to be registered or declared. I’ll try to answer some of the most common questions here to save time for everyone. If you have a question about the AW/mag registration that isn’t answered here, feel free to ask in the comments and someone will try to help.

Q: Where can I find the forms I need to register my AW or magazine?
A: All the forms you need can be found here: http://ccdl.us/blog/2013/10/10/forms/

Q: Do I need to deliver my forms in person, or may I mail them in?
A: You may do either. If you deliver them in person, be aware that the lines may be long.
If you are mailing them in, it is suggested you send them ‘Certified Mail, Return Receipt Requested’ so you have confirmation they were delivered. In either case they must be dropped off or postmarked before January 1, 2014.

Q: What is the address to mail my forms in or drop them off?
A: Mail or deliver completed forms to:
Department of Emergency Services and Public Protection (DESPP),Special Licensing and Firearms Unit,
1111 Country Club Road, Middletown, Connecticut 06457-2389

Questions About the Assault Weapon Registration Form

Q: What do I put down on the 2 lines that ask for certificate number?
A: Nothing. Leave them blank. The state will fill those in when they issue the certificate

Q: What do I enter as ‘Importer’ on the assault weapon registration form?
A: If the firearm was made in this country, or sold through a US division of the manufacturer, then you do not need to put anything. Leave it blank or enter ‘N/A’.
If the firearm was manufactured in another country, it may have been brought into the country by a second company. That company’s name will also be marked somewhere on the receiver or barrel. This is probably most commonly seen with Russian firearms such as Saiga or other AK-styled weapons. Century International Arms is one major importer; you may see it marked as just C.I.A. on your firearm

Q: Where do I go to get my thumb print done for the registration form?
A: There is nothing in the law that prescribes who must do the thumb print, so you may do it yourself. I suggest you practice a few times on a blank paper first before doing it on your form. Here is a good video showing how police do it: http://youtu.be/d7N-4UNAzsw
If you don’t think you can do it yourself, you may try your local police department. People have had mixed results with this. Some departments will do it right away, some want you to schedule an appointment, and some may not want to do it at all.

Q: Do I have to register my .22 rimfire rifle as an Assault Weapon?
A: .22 rifles are a bit confusing, because they rushed new bills into law without reading then had to rush another new bill into law to fix their mistakes.
Technically….. by the letter of the law if you legally purchased a .22 rifle in CT BEFORE Public Act 13-3 was signed into law on 4/4/2013 or AFTER Public Act 13-220 was signed on 6/18/2013 and it is still in that configuration (you haven’t added any “evil features” that did not come on the gun) you do NOT have to register.
If you purchased the .22 rifle between those dates, it can have all the evil features you want, but technically they had to be installed in that timespan, and the rifle must be registered if it has more then the permitted 2 “evil features”, one of which is the detachable magazine. So, by the letter of the law, unless the rifle was purchased between 4/4 and 6/18 of this year, it is illegal to have more then 2 evil features, period. In an AR styled .22, that would probably be detachable mag and pistol grip. It doesn’t need to be registered, but it can’t also have more features like an adjustable stock.
If you purchased between those dates, it can legally have more then 2 features (if they were installed during that time), but if it has more then 2 features it must be registered as an Assault Weapon before 1/1/2014.

Questions About the Large Capacity Magazine Declaration Form

Q: What do I put down for:
Make A: The manufacturer of the magazine; if known. If you don’t know, enter “unknown”.
Type A: The caliber of the round you load in the magazine
Capacity A: The number of rounds the magazine holds
Number A: The number of magazines of this exact make/type/capacity magazine you have.

NOTICE:
THE CONTENTS OF THIS DOCUMENT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

Judge Rejects Lawsuit

No, not our lawsuit, but the one brought by the National Shooting Sports Federation.
As most of you know, there have been several different lawsuits based on CT’s recent passage of unconstitutional gun laws, including the one CCDL is a part of. Each lawsuit addresses a different part of the problem. The NSSF’s lawsuit attacked the improper way the law was passed using the “Emergency Certification” process.

Yesterday Chief U.S. District Judge Janet C. Hall ruled that the NSSF lacked the standing to challenge the law. Now, to be perfectly clear, that doesn’t mean the judge sided with the state or ruled that the process was legal, she just ruled that the NSSF was not directly impacted by the process, so they couldn’t sue. You can read more about legal standing here, and you can read the full court ruling at the link below.
NSSF-Decision-Granting-Motion-to-Dismiss.pdf.

No word yet on if the NSSF plans to appeal the ruling, but we’d like to thank them for all the effort so far, as well as their support of our own lawsuit.

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

Defendant’s Motion for Summary Judgment

Litigation Update:
In CCDL’s continuing effort to keep our members informed of the progress of our lawsuit, here is the latest information we have.
If you’ve missed anything, you can read previous updates here.

As expected, the defendants in our lawsuit against the State of Connecticut have filed a motion for summary judgment to dismiss our case. All told, there are over 150 pages, and that doesn’t include all the various document exhibits that were also submitted. We’ll post those when we get them.

Remember, CCDL is an all volunteer, FREE organization. We rely 100% on the generosity of our members to fund this lawsuit as well as everything else we do to fight for rights of Connecticut gun owners. Please, take some time to read the documents above and see what we’re up against.
We’re committed to fighting this, but it takes time and money. If you can afford it, please donate to our Litigation Fund. Every penny goes straight into the battle to regain your rights.