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Federal Judge Dismisses Challenge To New Gun Laws

by CTNewsjunkie Staff | Dec 3, 2013 12:46am
(5) Comments | Commenting has expired
Posted to: Civil Liberties, Courts, Legal, Newtown

Christine Stuart file photo

Lawrence Keane senior vice president and general counsel for NSSF

On Monday, a federal judge dismissed the National Shooting Sport Foundation’s challenge to new gun laws passed in April in response to the shooting at Sandy Hook Elementary School in Newtown.

U.S. District Court Judge Janet C. Hall concluded Monday that the trade organization lacked standing, and did not rule on its underlying allegation that the General Assembly “misused” the emergency certification process when it passed the legislation.

The 139-page bill passed in April circumvented the normal committee process because legislative leaders declared it an emergency.

By bypassing the process, the state deprived “the citizens of Connecticut of any opportunity for their voices to be communicated to the legislators and incorporated into SB 1160,” the National Shooting Sports Foundation claimed when it filed the lawsuit in July.

However, Judge Hall said the NSSF complaint “does no more than state a ‘generally available grievance about government,’ which grievance is insufficient to support standing.”

Michael Bazinet, a spokesman for NSSF, said the organization will be reviewing the decision and weighing its options.

The NSSF lawsuit was one of at least three lawsuits filed in state or federal court challenging the legislation. The law expanded the number of firearms prohibited in Connecticut and banned the sale of ammunition magazines that carry more than 10 rounds. Attorney General George Jepsen’s office asked for the lawsuit to be dismissed.

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(5) Comments

posted by: Noteworthy | December 3, 2013  3:56am

It doesn’t sound like Judge Janet Hall comprehended the seriousness of the complaint. All it did was state a “generally available grievance” about government? Maybe it’s time to quit being so cynical about it and start requiring the dome dwellers to follow the rules.

posted by: Joebigjoe | December 3, 2013  9:55am

The NSSF lacked standing? Would they rather 100,000 individuals file lawsuits instead and clog the court system and the legislature with legal maneuvers?

posted by: Greg | December 3, 2013  10:10am

So, who does have standing to challenge procedural flaws? My guess is the official answer is nobody has standing, thus statutory procedure does not matter in the state of CT.

Nice precident to set there, Judge.

posted by: ResearcherCT | December 3, 2013  11:45pm

It was unconscionable what the legislature did in using emergency certification when there was no emergency.  That would have been legal as the law is written albeit an unjust use of power. However in their (Malloy, Williams and Looney et al) rush to circumvent public hearings (which had already demonstrated a strong sentiment against that type of legislation) The emergency presumably the impending visit by President Obama April 8, they rammed the bill through, unread, as the draft copy of SB1160 (PA 13-3)only surfaced the morning of the vote, and procedurally implemented incorrectly, this law must be struck down or it will only serve to further demonstrate the corruption and malfeasance of the Gov and Legislature is unchecked.  Any good that could have happened through legislation was squandered through Gov Malloy’s bullying and the legislature’s incompetence to pass legislation that would honestly and fairly address the real causes.  And still the legislative remedy to the Newtown Massacre cannot be fairly effected as the corrupt or incompetent State Attorney Sedensky is still blocking the truth, the whole truth, and nothing but the truth, ie his pathetic summary of the state police report, and the actual report.  It has been a circus of the worst kind.

posted by: Chien DeBerger | December 5, 2013  2:58pm

Announced from CCDL’s lawsuit against this law: “The hearing is set for January 30, 2014 at 1:00 PM in Courtroom One of the Abraham A. Ribicoff Federal Building, 450 Main St., Hartford, CT before Judge Alfred V. Covello.