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“No
state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall
any state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.”
U.S. Const. amend XIV. § 1.
“A well
regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be
infringed.”
Const. amend II.
WILL McDONALD V. CITY OF CHICAGO, ILLINOIS
AFFECT THE RIGHT TO KEEP AND BEAR ARMS IN CONNECTICUT?
The individual Second Amendment right to keep and bear arms now
fully applies to the States, according to the June 28, 2010, United
States Supreme Court decision in McDonald v. City of Chicago,
Illinois.
Currently, there are lawsuits in Connecticut state and
federal courts brought by individuals asserting their Second
Amendment and constitutional rights related to the right to keep and
bear arms, including claims:
·
That
the one to two year period an individual must wait to have his or
her appeal to the Board of Firearms Permit Examiners heard after an
application for a state permit to carry pistols or revolvers is
denied, revoked or not renewed violates the constitutional right to
due process;
·
That
openly carrying a pistol or revolver in any Connecticut location
where carrying a pistol or revolver is not otherwise prohibited by
the premises’ owner or by law, when in possession of a valid state
permit, is not unlawful and should not subject an individual to
arrest;
·
That
the suitability requirement for obtaining and holding a state permit
is unconstitutional as it leaves to government discretion, without
any objective basis for measuring how that discretion is exercised,
the determination who will be allowed to exercise his or her Second
Amendment right to carry a pistol or revolver and who will not; and
·
That
law enforcement’s use of the risk warrant statute to seize firearms
without a warrant and then to obtain a warrant post-seizure
violates the language of the risk warrant statute, the intent of the
legislature, and basic Fourth Amendment principles holding that
warrants are signed by judges to allow law enforcement to seize
property from individuals, not to condone warrantless seizures that
have already occurred.
Information about Connecticut Firearms Cases and legislation is
available by visiting the following websites:
The Connecticut Gun Rights website,
The Connecticut Section of www.Opencarry.org,
The
Connecticut Guntalk website,
The Board of
Firearms Permit Examiners website,
The Coalition of Connecticut Sportsmen website
To get involved, contact:
CT Sportsmen’s Legal Defense Fund, PO Box 2506, Hartford CT, 06146,
Tel: (203) 245-8076, email
info@ctsportsmen.com or visit
www.ctsportsmen.com
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