BRIDGEPORT, Conn. -- A constitutional challenge to the state's new tough gun control law has been filed in U.S. District Court.
The Connecticut Citizens Defense League suit seeks immediate injunctive relief and a ruling declaring the new law unconstitutional under the Second Amendment of the U.S. Constitution.
It charges that the law makes citizens and law enforcement less safe because it deprives citizens of using weapons with certain design features CCDL says enhance safety and accuracy. The suit says the law particularly hurts the elderly, women and anyone who is small in stature -- those "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," according to a CCDL release.
The new law added more than 100 firearms to the list of banned assault weapons in Connecticut; it also bans magazines with more than 10 bullets. The suit says the law's language is vague and difficult to interpret.
The suit's plaintiffs include an elderly woman who lives in a rural area served by a single resident trooper with an emergency response time of 45 minutes; a rabbi in Bridgeport whose synagogue has been broken into; and several handicapped individuals.
The suit is supported by both the Connecticut Citizens Defense League and the Coalition of Connecticut Sportsmen, who say their members' choices of firearms have been harmed by the new law. Retailers whose businesses have been hurt are also represented.
The plaintiffs include: June Shew of Hartland, 80, a widow who lives alone; Rabbi Mitchell Rocklin of Congregation Ahavath Achim in Fairfield; Stephanie Cypher of Plymouth, who lost an arm to cancer; Peter Owens of Enfield, who lost the use of the left side of his body because of a stroke; Stephen Holly of Ansonia, a former Navy SEAL who has multiple sclerosis; Brian McClain, 73, of Monroe; Hiller Sports in Norwalk; and MD Shooting Sports in Monroe.
CCDL President Scott Wilson, in a statement forwarded to the media, said:
"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."
Wilson said the NRA "is helping with logistical support."
He said they are soliciting funds to pay for the suit. "We want the folks in Connecticut to not simply rely on others. We feel it is our responsibility," he said.
Attorney Brian Stapleton said private organizations are helping with the funding. He said the NRA "is interested in the lawsuit, but it is not actively involved in the litigation."
Bob Crook, executive director of the Coalition of Connecticut Sportsmen, said, "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."
The new law was adopted in the wake of the massacre at Sandy Hook Elementary School in Newtown on Dec. 14, in which 20 children and six educators died. Lone gunman Adam Lanza killed them with an AR-15 semiautomatic rifle after shooting his mother dead in their Newtown home.
The slayings started a national discussion about gun control that recently failed to advance in the U.S. Senate.
Connecticut also adopted new legislation to enhance mental health access and programs to help with early identification of behavorial problems.
Gov. Dannel P. Malloy's office said the suit was not a surprise.
"We've known for some time that groups opposed the to the new gun violence prevention law would be filing suit against it. We believe the bill improves public safety, and we will work with the attorney general's office to defend it," said spokesman Andrew Doba.
Copyright 2013 - New Haven Register, Conn.
McClatchy-Tribune News Service
