Categories
Media

FEDERAL COURT RULES GOVERNOR’S EXECUTIVE ORDER UNCONSTITUTIONALLY VIOLATES 2ND AMENDMENT – ORDERS MODIFICATION

06/9/2020
For Immediate Release:
The Connecticut Citizens Defense League (the state’s largest grass roots gun rights group) announced today that the U.S. District Court has issued a preliminary injunction against Governor Ned Lamont and DESPP Commissioner James Rovella, finding that they are violating the Second Amendment of the United States Constitution. 

Federal District Court Judge Jeffrey A. Meyer issued the order Monday that within one week Governor Lamont must modifying the portions of his March 17, 2020 Executive Order 7E that suspended the law requiring state and local law enforcement accept applications – including taking the requisite fingerprints – from Connecticut residents seeking new firearm permits. As a result of Executive Order 7E, law enforcement throughout the state refused to accept new firearms permit applications, thereby unconstitutionally suspending the process to obtain a permit to purchase and possess firearms for self-defense.

After the Governor ignored CCDL’s April 7, 2020 letter seeking reinstatement of the application process, CCDL had no choice but to file its May 9, 2020 action to obtain relief for its members from the federal court.

In his 26 page decision, Judge Meyer ruled that Executive Order 7E, and law enforcement’s implementation of it, “plainly burdens conduct protected by the Second Amendment.” Further, that “they categorically foreclose a person who does not already have a permit or certification from acquiring a handgun if the person’s fingerprints are not already on file.  One cannot exercise the right to possess a handgun in the home for self-defense if one is prevented from acquiring a handgun in the first place.”

The state argued Lamont and Rovella did not violate the Plaintiffs’ 2nd Amendment rights because the “temporary” suspension was necessitated by the current pandemic, and the federal court should not intervene. Judge Meyer dispelled that argument, writing, “If the Governor and the Commissioner were to issue a gag order barring plaintiffs from exercising their First Amendment free speech rights for the balance of the COVID-19 crisis, plaintiffs would surely suffer injury despite the ‘temporary’ nature of the crisis.”

Judge Meyer’s order imposes a preliminary injunction against Governor Lamont and Commissioner Rovella, ordering by June 15, 2020 that the Governor modify Executive Order 7E restoring the fingerprinting and firearm permit application process, and that DESPP Commissioner Rovella resume fingerprinting “for applicants seeking permits to acquire, carry, or possess firearms that are subject to protection under the Second Amendment.”

Attorney Craig Fishbein and Attorney Doug Dubitsky are representing CCDL in this federal civil rights action.

Connecticut Citizens Defense League, Inc. is a non-profit, non-partisan, grassroots organization of more than 36,000 members, committed to protecting the unalienable constitutional right of all citizens to keep and bear arms through legislative and grassroots advocacy, education, research, publishing, legal action and programs.

You may find a copy of the court’s order here.

 

Categories
Legal Actions

Please Donate Today!

Just a reminder CCDL is again fighting for your rights.  We have filed a lawsuit in federal court and need your financial support.  If every CCDL member donated just $10 this litigation and future action would be well funded.  Please donate today!

You can find the filing Here

 

Categories
Meeting

April Meeting Canceled

Due to the social distancing requirements caused by the COVID-19 pandemic, the April CCDL Monthly meeting is canceled.

We will be sending an update to members in the coming days.

Stay safe and carry on!

Categories
Media

CCDL Files Suit in the US District Court

03/10/2020
for Immediate Release:

(Southbury, CT) – The Connecticut Citizens Defense League along with fellow plaintiffs have filed suit in the United States District Court (Ross v. Mellekas). The suit 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 prohibition on Connecticut residents that makes it illegal to load more than 10 rounds of ammunition into lawfully owned magazines that can hold more. The plaintiffs assert that this prohibition imposes an unconstitutional burden on the right of the people to keep and bear arms. This lawsuit against Connecticut State Police Col. Stavros Mellekas; Commissioner James C. Rovella of the state Department of Emergency Services and Public Protection, and Chief State’s Attorney Richard J. Colangelo, Jr. alleges violations of both the Second and Fourteenth Amendments.

Both CCDL and the Second Amendment Foundation have members who live in Connecticut and have declared magazines capable of holding more than 10 rounds of ammunition pursuant the law. Members of both CCDL and SAF may face criminal charges or other adverse actions.

Comments from CCDL President Holly Sullivan:

“For most Americans, magazines that hold more than 10 rounds are simply considered standard capacity magazines. Many firearms are not even available with magazines that hold less than ten rounds. In Connecticut, the legislature has redefined those magazines as Large Capacity Magazines. However, many of these magazines are commonly used by most other Americans who own firearms. Law abiding gun owners in Connecticut are left more susceptible to harm or death by being limited in their means of self-defense.”

“Only a law abiding gun owner is going to heed the State’s requirement to load only 10 rounds into a magazine capable of holding more ammunition. Criminals who are intent on doing harm will not follow this same law.”

“The Connecticut Citizens Defense League extends our most sincere gratitude to our fellow plaintiffs for being a part of our enduring fight for justice. We also wish to thank our devoted members, numerous gun clubs, retailers, private individuals and of course the Second Amendment Foundation for their help and support.”

–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 more than 36,000 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 https://ccdl.us.

Press Contact:

Holly Sullivan

president@ccdl.us

 

Click Here to see a copy of the complaint

 

 

Categories
2020 Testimony

2020 Testimony – 33

Sen Winfield, Rep Stafstrom, Members of the Judiciary Committee,

Do not make citizens choose between their civil liberties or mental health. OPPOSE Raised House Bill 5448 An Act Concerning a Risk Protection Order or Warrant.

Sincerely,

[INSERT NAME]

[INSERT TOWN]

Categories
2020 Testimony

2020 Testimony – 34

Judiciary Committee,

I’m opposed to HB5448, An Act Concerning a Risk Protection Order or Warrant.

[INSERT NAME]

Categories
2020 Testimony

2020 Testimony – 32

Judiciary Committee

300 Capitol Avenue

Hartford, CT 06106

Judiciary Committee,

I’m opposed to HB5448, An Act Concerning a Risk Protection Order or Warrant.

There is no need to change Connecticut’s risk warrant law. Currently, the risk warrant is available to anyone at any time, day or night, weekday, weekends or holidays, with police arriving within minutes. It makes no sense for someone to wait till the courthouse opens to file. Some may say that some people don’t want to go to the police. Currently, those people have the option to go to a district attorney, which is also located at a courthouse.

Some may claim that we need to drop down to the one officer petition because some towns only have one officer available, I don’t know of any police force that will respond to a risk warrant request to remove firearms with only one officers. That makes no sense.   

Connecticut has a high per capita rate of confiscation, even with the requirement that confiscation petitions must come from two law enforcement officers. The current law is meeting the needs of its citizens. Do not pass feel good legislation that has no evidence to support it. Oppose HB5448.

[INSERT NAME]

Categories
2020 Testimony

2020 Testimony – 29

OPPOSE-Raised HB-5448 An Act Concerning a Risk Protection Order or Warrant

To Whom it May Concern,

HB-5448 is to establish a risk protection order and to expand upon the list of persons who may be complainants for purposes of issuance of a risk warrant. Currently, anyone can call 9-1-1 and do this.

HB-5448 is to require the Judicial Branch to develop and make available a form and explanatory materials (1) to persons applying for a risk protection order; (2) to disqualify persons subject to a standing risk protection order from possessing firearms or ammunition; and (3) to penalize any such possession. How about afford strong due process protections, including high burdens of proof, like clear and convincing evidence, cross-examination rights, and the right to counsel to those who can’t afford it. Once again, the state legislator is proposing gun control bills that makes owning firearms for self-protection to only those that can afford them. I am opposed to Raised HB-5448 An Act Concerning a Risk Protection Order or Warrant.

CT Voter,

[INSERT NAME]

[INSERT TOWN]

Categories
2020 Testimony

2020 Testimony – 27

Re: OPPOSTITION to HB 5448 AN ACT CONCERNING A RISK PROTECTION ORDER OR WARRANT

Joint Committee on Judiciary,

I’m opposed to this bill. Once again leave it to this committee to take the guns first, go through due process second. At such a high rate of abuse of ex parte order in Connecticut-people that aren’t at risk will have their right to self-protection taken away and may never get them back. VOTE NO on HB 5448.

Connecticut Resident,

[INSERT NAME]

[INSERT TOWN]

Categories
2020 Testimony

2020 Testimony – 28

Judiciary Committee

Legislative Office Building

Room 2500

300 Capitol Avenue

Hartford, CT 06106

OPPOSE: AN ACT CONCERNING A RISK PROTECTION ORDER OR WARRANT.

Esteemed Judiciary Committee Members,

I am opposed to HB5448 AN ACT CONCERNING A RISK PROTECTION ORDER OR WARRANT. This bill is talking about taking away people’s rights and due process. Basically, you’re guilty until proven innocent

[INSERT NAME]

[INSERT TOWN]