Motion for Summary Judgment

(The Following is a Joint CCDL and CCS Address)

Dear CCDL and CCS members and key donors,

This past Friday on August 23rd, the 2nd Amendment challenge to Connecticut’s new firearms law took a significant step forward with the filing of plaintiffs’ Motion for Summary Judgment and supporting memorandum of law. A motion for summary judgment is a legal device that asks the court to decide a case expeditiously “on the papers,” without the need for discovery and a trial. Cases that are appropriate for this type of early disposition are those where the key facts are not disputed by the parties and the case turns solely on the court’s interpretation of one or more questions of law.

As stated in plaintiffs’ brief, “The firearms and magazines that Connecticut bans are lawfully manufactured (many in Connecticut itself) and are lawfully purchased by millions of Americans after passing the National Instant Criminal Background Check … as well as state-required checks. … They are in common use by plaintiffs and millions of law-abiding citizens for self-defense, sport, and hunting… Restrictions on such guns and magazines are anything but long-standing, and remain outliers nationwide. The laws of most states and federal law have no restrictions on magazine capacity or the number of rounds that may be loaded in a magazine, nor do they restrict guns that some choose to call “assault weapons.” As such, plaintiffs’ brief argues, “like the handgun ban in Heller, the ban on common firearms and magazines here is categorically void under the Second Amendment.”
Further, plaintiffs’ brief argues, the new Connecticut firearms law is unconstitutional because it “arbitrarily establish[es] categories of persons who can and cannot buy the weapons” providing preferred treatment to certain retired government and private security personnel. And, finally, the brief argues, the statute is void because it is unconstitutionally vague. The next step in this case will be the filing of the State’s opposition brief, and potentially the State’s own cross motion for summary judgment, both of which are due in early September.

As of now, our challenge to the State’s evisceration of rights long held inviolable is well-positioned to correct the legislature and governor’s misguided course — whether that correction occurs at the district court or eventually on appeal. We are enormously proud of the individual plaintiffs – June Shew, Stephanie Cypher, Rabbi Mitchell Rocklin, Peter Owens, Andrew Mueller, and Brian McLain – as well as of retailers Hiller Sports, LLC and MD Shooting Sports LLC and the amici law enforcement personnel — who have invested themselves personally in overturning this patently unconstitutional law. We are especially proud to stand shoulder to shoulder with you – the loyal and brave patriots throughout this State — in our fight to protect the fundamental rights of all citizens.

(Read our MSJ brief here: Motion.Summary.Judgment.pdf)

Warm regards,

Scott Wilson,
President- CCDL, Inc.

and

Bob Crook,
Director- CCS