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.

What did Governor Malloy say?

Governor Malloy was on the Chaz and A.J. show this morning where he took a call on the new Gun law.

Caller:
Hey governor. I’m just curious about this new gun bill that came out especially with pistols with high capacity mags. Right now I’ve got two 14-round mags that are only loaded to 10 as required, but it’s unclear, can I carry both of them if they’re loaded to 10 or can I only carry one?

Malloy:
First of all what you have to do is disclose – there’s a way to disclose that you have them and you’re grandfathered in. So, that’s how our law works in Connecticut. You don’t lose the right to have them, you just have to say that you have them. “Hey, I’m Joe. I’ve got two of these.” and that’s it. So the limitations that you’re fearing aren’t necessarily in our bill. They are – I think you’re referring to New York’s law, quite frankly, and New York has a different set of laws than we do.

The Governor is mistaken. The law he signed into law back in April does indeed prevent someone from carrying a so-called ‘Large Capacity Magazine’ even if it is properly declared, and absolutely limits the number of bullets to 10.

Section 25(f)(7) of Public Act 13-3:

“Pursuant to a valid permit to carry a pistol or revolver, provided such large capacity magazine (A) is within a pistol or revolver that was lawfully possessed by the person prior to the effective date of this section, (B) does not extend beyond the bottom of the pistol grip, and (C) contains not more than ten bullets.”


By requiring the magazine be “within” a pistol or revolver you are limiting the number of declared ‘large capacity magazine’ one is able to carry, along with the number of bullets it can contain. For the governor’s statement to be true you would need to carry multiple guns or find a gun the holds 2 or more magazines.

The Governor and Legislators were in such a rush to pass SB1160 they did not even hold public hearings, denying citizens their due process. Maybe if Governor Malloy had given the people, you know, those of us he called the “fringe of the fringe” a chance to speak about the bill, we could have pointed out issues such as this. Maybe if Governor Malloy had listened to those of us he labeled as the “fringe” he would understand the points of these new laws that are so confusing to us, the ones that actually try to obey the law. But, apparently, he doesn’t know what he signed into law.


This legislation is so convoluted that lawyers and elected officials are not sure what’s legal and what’s not. Donate to the CCDL’s Litigation Fund
 as we work to overturn this nonsense.

New Ammo Laws Take Effect Tomorrow

Reminder, the ammunition permit requirements of SB1160/Public Act 13-3 go into effect tomorrow, October 1, 2013. After today you will be required to show a permit to purchase ammunition or magazines (10 round or lower, of course) in the state of Connecticut. If you already have your Pistol Permit, Certificate of Eligibility, or the new Long Gun Permit, you will be able to use those to purchase ammunition or magazines. If you don’t have one of those, you must obtain one of them or you may apply for an Ammunition Permit. The cost is $35 for 5yrs, and you may download the application from the state website here (pdf).
Even though the application implies it can be mailed in, you MUST submit the initial application in person at the Special Licensing and Firearms Unit located at 1111 Country Club Road, Middletown, Connecticut
06457-2389. Your photo for the permit will be taken at that time. I was also told you are not supposed to sign the application until you are in their presence (which is not mentioned anywhere on the application).

You will not be able to legally purchase ammunition or magazines in CT until you have one of the above permits.

CCDL is working hard to overturn this and all the other unconstitutional CT gun laws. You can help us by donating to our Litigation Fund.

Updated on 10/1/2013 to add that you must apply for the initial permit in person.

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

Press Release – RE: Toni Boucher For Governor

Groton, CT August 27th, 2013

The President for the Connecticut Citizens Defense League (The state’s largest grass-roots 2nd Amendment rights group) offered comments on an exploratory gubernatorial run by state Senate Toni Boucher.

CCDL President Scott Wilson stated the following: “Senator Boucher Voted in ‘lock step’ with the Republican leadership in the passage of a historic gun control law which alienated many law-abiding people”.

“With very little consideration to the several hundred thousand gun owners in Connecticut, it is hard to fathom anyone who voted for Senate Bill 1160 could consider a legitimate run for higher office in this state”.

“Very simply, gun owners have had it with these law makers”.

The CCDL President went on to state that they would work hard to call out and expose those that voted for the law’s passage from both parties.

Carry On, Legally

Tuesday, July 30th, come ask your questions about the new laws. This is not a CCDL sponsored forum, but the legislators themselves put this together. Remember, these are the good guys who voted against the new laws. They don’t like them any more than you do, they’re just trying to help us understand them.
If Southington is not near you, please contact your legislators and see if they can schedule something similar.
Carry On!

Southington Municipal Center – Public Assembly Room
200 North Main St, Southington, CT
July 30, 2013 6:00pm – 7:00pm

John McKinney for Governor?

UPDATE: There is an official statement from CCDL President Scott Wilson posted here.

So it seems it’s official; Senator John McKinney will be running for governor of CT in 2014.

McKinney lives in his own little dreamworld where gun owners don’t mind the new gun control laws that he helped write (those same laws that CCDL and other gun rights groups are working hard to overturn), and we don’t vote.

If you are a registered Republican, contact the CT state GOP chairman. Contact your 2 State Central Committee reps. Tell them gun owners are not happy with McKinney. Tell them if there is a primary we will vote for his opponent. If he still wins the primary or there is no primary, we will not vote for him in the election.
Tell them we want a governor who will uphold our rights and the State Constitution.
Tell them we want them to put forward a candidate who will uphold the party platform.

Remember, last election Republican Tom Foley lost to Malloy by only 5,637 votes. There are over 8500 CCDL members, 200,000 people with a carry permit, and upwards of 500,000 gun owners total in this state. If the CTGOP wants 4 more years of Malloy, go ahead and put up McKinney because gun owners would rather keep Malloy in office than reward McKinney.
We’re that mad.

Yet Another Lawsuit Filed

This time it’s the National Shooting Sports Foundation, filing on behalf of the gun manufacturers.

 

To: ALL MEDIA
For immediate release

July 8, 2013

For more information contact:

Mike Bazinet
203-426-1320

Firearms Industry Files Suit Alleging Process Used to Pass Gun Regulations Violated Connecticut Statutes and Constitution

NEWTOWN, Conn. — The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms and ammunition industry, today filed suit in federal court for the District of Connecticut alleging that Governor Dannel Malloy and the leadership of the Connecticut General Assembly misused the so-called “emergency certification” exception to circumvent the safeguards of the normal legislative process and in violation of Connecticut statutory law in order to pass Senate Bill 1160, a package of strict gun control regulations.

The suit further alleges that enactment of the new law violates fundamental due process rights guaranteed by both the Connecticut and United States Constitutions. NSSF is asking the court to declare the law invalid and issue an injunction prohibiting its enforcement.

“A 139-page bill was assembled behind closed doors, bypassing both the public hearing and committee processes, and quickly sent to floor votes on the same day in both the House and Senate where legislators did not have adequate time to even read the bill. The governor then signed the package into law the next day. All of this is in violation of guarantees citizens are supposed to have under Connecticut State Statutes and protections in our State and U.S. Constitutions for which our forefathers fought,” said Lawrence G. Keane, senior vice president and general counsel, NSSF. “Our suit focuses on this abuse of process that has resulted in enacted law that does nothing to improve public safety, while resulting in adverse effects on law-abiding citizens, manufacturers, retailers and sportsmen’s organizations.”

The filing can be accessed at http://www.nssf.org/share/PDF/NSSFComplaint-FILED_070813.pdf.

The Connecticut Law Tribune recently editorialized on this topic. That editorial can be accessed at http://ctlawtribune.com/PubArticleCT.jsp?id=1202608974608

-30-

About NSSF®
The National Shooting Sports Foundation® is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 8,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to www.nssf.org.

New Amendments To SB1160

You thought just because SB1160 was already signed into law as Public Act 13-3 that they were done with it?
NOPE.

According to the bill listing for Raised Bill SB1094 on the Connecticut General Assembly website there are two brand new amendments that actually modify SB1160/Public Act 13-3.
Senate LCO Amendment #8513 [pdf]
Senate LCO Amendment #7936 [pdf]

It looks to me they are trying to correct some of the mistakes they made. On a quick skim of the amendments I see clarification about banned items purchased but not delivered prior to the new law, what appears to be an exemption for high-end rimfire target pistols, and what seemed to be clarification that the new law does not apply to firearms purchased with a Federally-issued firearms collector’s license (C&R/FFL03) There also seems to be clarifications on exemptions for law enforcement and state agencies.

CCDL On “The Real Story” 6/2/2013

CCDL’s President and the lead attorney handling the lawsuit will appear on “The Real Story” on Fox 61 this coming Sunday, June 2nd at 10:00am.

Scott Wilson and Attorney Brian Stapleton were interviewed by the show’s hosts Al Terzi and Laurie Perez. Questions were answered about the basis of the lawsuit, and the constitutionality of the law. They are scheduled to appear in the show’s second segment, right after a segment on hurricane season and Obamacare with Insurance Commissioner Thomas Leonardi.

Be sure to tune in or set your DVR’s!

Note, if you are one of the unfortunate people like me who live in Fairfield County and have Cablevision, you will not be able to watch this live as last year they decided we’re part of New York City and have no interest in what’s happening in Connecticut.

UPDATE: The video archive of the show can now be watched here: http://foxct.com/2013/06/02/real-story-gun-law-under-fire/