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Gun Owners File Lawsuit To Overturn Assault Weapons Ban
Suit Alleges Public Safety Department Cannot Uniformly Enforce Law
POSTED: 12:12 p.m. EDT April 22, 2003
LITCHFIELD, Conn. -- Gun owners and dealers have filed a lawsuit in an attempt to overturn part of the state's ban on assault weapons.
The lawsuit, filed last week in state Superior Court in Litchfield, alleges the state Department of Public Safety is unable to uniformly enforce the 1993 regulations.
The plaintiffs ask the court to void the regulations and order Public Safety Commissioner Arthur L. Spada to not enforce them or arrest anyone for possessing weapons previously deemed illegal.
The lawsuit cites the cases of two plaintiffs who purchased identical weapons. When they went to register them, one was allowed to keep his gun and the other had the gun seized.
"They are phony regulations," Ralph D. Sherman, a West Hartford lawyer, told the Connecticut Post newspaper. "The Department of Public Safety has changed its mind several times on what these regulations are supposed to be. It's a major challenge to an administrative agency that's not following correct procedure."
Attorney General Richard Blumenthal and Rep. Michael P. Lawlor, D-East Haven, a chief legislative proponent of gun control, defended the state's assault-weapons ban. Blumenthal said the state Supreme Court has rejected previous challenges to the law.
"If the criticism is the law should be enforced more rigorously, we could certainly sit down and discuss that," Blumenthal said. He said other challenges that said the 1993 law was too vague were rejected.
Lawlor said the General Assembly can revisit the ban if there are problems with registration procedures.
"Apparently it's a misunderstanding on the part of at least one state trooper about what the law is," Lawlor said. "I don't necessarily think the regulations are the problem."
Illegal possession of assault weapons is a Class D felony, punishable by five years in prison and $5,000 in fines.
"The court case is needed because, based upon the state police policy, or whatever their interpretation is, nobody knows what guns they have to register," said Robert Crook, president of the Coalition of Connecticut Sportsmen.
The plaintiffs in the lawsuit include Daniel Patten Sr. of Norfolk, Lawrence DeLuca of Barkhamsted and Frank D'Andrea, owner of D'Andrea's Gun Case, on in Stratford.
D'Andrea was a plaintiff in the failed 1994 appeal.
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