The Connecticut Civil Defense league has filed suit in U.S. District Court in Connecticut looking to block the recently expanded assault weapons ban from going into effect. The suit is based on the recent Heller and McDonald decisions, which held that commonly used firearms cannot be banned and made the Second Amendment an incorporated civil right. Make the jump for the press release . . .
Today, a widely-anticipated lawsuit was filed in U.S. District Court in Connecticut, challenging the constitutionality of the new firearms law that was passed hastily by the Connecticut legislature in response to the tragic shooting in Newtown by a disturbed individual. The lawsuit seeks immediate injunctive relief and a ruling declaring the new law unconstitutional under the Second Amendment of the U.S. Constitution. It alleges that Connecticut’s new firearms law is not only unconstitutional but dangerous, since it makes both citizens and law enforcement less safe by depriving citizens of firearms that are in common use throughout the country. The very firearms and design features banned by the new law are commonly used in part because of safety, accuracy and ease-of-use features that make them effective in the hands of citizens who must defend themselves and their families against criminals and the mentally ill who do not obey such laws.
Brought on behalf of individual gun owners, retailers, and citizen’s defense and sportsmen’s organizations, the lawsuit seeks to vindicate the constitutional rights of citizens who are harmed by the broad prohibitions and unworkable vagueness of the new law. The legal challenge focuses on Connecticut’s ban of more than 100 additional common firearms that the law now dubs “assault weapons” and on the ban of standard design features, including magazines that hold more than 10 round of ammunition, that provide improved safety, accuracy, and ease-of-use. The lawsuit also challenges the practical bans imposed by the new law on an even broader array of firearms due to the law’s vague language and interpretative confusion combined with severe criminal penalties.
Plaintiffs bringing the lawsuit include individuals such as an elderly widow who lives alone in a rural area where the emergency response time of a lone resident trooper serving the area is 45 minutes, a rabbi whose synagogue in the Bridgeport area has been broken into by intruders, a young professional woman whose efforts to defend herself are made more difficult by the loss of an arm due to cancer, among other individuals.
In addition, retailers whose businesses have been severely harmed by the law have joined the lawsuit, which was conceived and organized by fellow-plaintiff organizations the Connecticut Citizens Defense League, commonly known as CCDL, and the Coalition of Connecticut Sportsmen. Both organizational plaintiffs represent large numbers of Connecticut citizens whose rights to own the firearms of their choice for self-defense and other lawful purposes, such as sports shooting and hunting, have been harmed by the new prohibitions.
Despite the new law being called “An Act Concerning Gun Violence Prevention and Children’s Safety,” Connecticut’s new firearms law makes Connecticut citizens less safe. Among the individuals harmed by the law’s provisions are women, the elderly, and anyone of a smaller physical stature — individuals who typically lack the strength to operate older style, heavier, or difficult to use firearms and yet who need to be able to protect themselves in challenging home-invasion and other self-defense situations.
CCDL’s President, Scott Wilson, who has seen his organization’s membership grow from 2,500 to 7,600 in just a few months, says “On behalf of our members and all of the plaintiffs, we wish to thank the National Rifle Association, whose vision and stalwart defense of citizens’ fundamental rights has helped make this important legal challenge possible.” Wilson says, “Connecticut’s new gun ban violates Second Amendment rights by depriving law-abiding citizens of firearms that are in common use throughout the country precisely because of their known effectiveness in the protection of citizens, their families, and homes. Criminals and the mentally ill will not abide by this terrible law, which means it has the perverse effect of actually making citizens and law enforcement officers less safe.”
Bob Crook, Executive Director of the Coalition of Connecticut Sportsmen, says, “This law will do nothing to prevent a tragedy or solve the problem of crime committed with guns. Instead of violating constitutional rights, we need to get serious about addressing violence and mental illness.” He continued, “Two recent independent studies by Pew and the federal government have just revealed that gun homicides are down almost 40% and general crime involving guns has dropped a whopping 70% since 1993, which corresponds with the elimination of the federal assault weapons ban. In contrast, the few areas of the country where gun crimes have increased dramatically are the very places where local or state governments have banned or severely restricted gun ownership by law-abiding citizens.”
Many of the design features now banned by Connecticut’s new law have long been standard in firearms design as they enhance safety, accuracy and ease-of-use, and include: design features that enhance a citizen’s ability to balance a firearm properly so that it can be shot safely and accurately based on the size of the owner – especially if the owner is smaller-sized like many women, the elderly, and youth shooters (retractable shoulder stock); design features that allow a long gun to be held more easily for accuracy and to be held onto by its owner if an attacker tries to take the gun from a victim (pistol grip and forward pistol grip); design features that allow those who are in stressful situations with multiple home-invaders or attackers to have sufficient bullets for meaningful self-defense without impractical situation of having to try to reload or access a second gun (standard magazine capacities over 10 rounds), etc. The specific firearms now banned by the law include some of the most commonly used and popular models in Connecticut and in America today, including the light and versatile AR-15.
Some local retailers supporting the lawsuit say that in addition to the increased dangers created by the law, the law is vague and unworkable. Although they are knowledgeable about various types of firearms, many are having difficulty trying to determine which firearms are banned and which are legal to sell. If they decide incorrectly, they could be facing years in jail. Some say it is difficult for reputable dealers to continue serving the law-abiding citizens of Connecticut under these circumstances. If licensed dealers leave the state, it will become increasingly difficult for the people of Connecticut to acquire firearms to defend themselves. Meanwhile, these retailers say, the criminals will still be armed and in an even stronger position to harm and terrorize the people of Connecticut.
The Connecticut lawsuit, like similar legal challenges in New York, Colorado and Maryland, is expected to better define the limits of a citizen’s right to own a commonly used firearm of personal choice for self-defense, defense of family, and other lawful purposes. Each of these states has enacted new firearms laws that make citizens and law enforcement less safe as they try to defend against criminals and the mentally ill who do not obey these laws.