Results 1 to 19 of 19

Thread: Confused about carry issues in New Britain and New London

  1. #1
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960

    Confused about carry issues in New Britain and New London

    If New Britain have an ordinance (16-80) and New London have an ordinance (14-11), how often do permit holders get "jammed" on these ordinances?

    I'm not sure if I goofed up on this one or not since I found out, but man....... how can this even be legit. Not that McDonald would apply here, per se, but it seems like a good time to challenge it.

    What happens if you get caught?

    How does this affect permit holders getting permits in their towns?

    If your a resident, how do you carry? Package gear like a rifle and then put your "kit" together out of town?

    Curious,

    Jonathan

  2. #2
    Regular Member Lenny Benedetto's Avatar
    Join Date
    Aug 2008
    Location
    VP of CCDL, Inc., ,
    Posts
    470
    Open carry!!!

  3. #3
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960
    That's exactly how I read into it!

    Statutes said concealed......

    Jonathan

  4. #4
    Regular Member
    Join Date
    Jun 2010
    Location
    East Hartford, Connecticut, USA
    Posts
    112

    Thumbs up

    I got family in New Britain and i open carry with no problem.POLICE TOOK NOTICE BUT KEEP GOING ON THERE MERRY WAY. Enjoy it CARRY ON!!
    Last edited by Alex.EastHartford.; 08-08-2010 at 09:37 PM.

  5. #5
    Regular Member
    Join Date
    May 2009
    Location
    Central, Connecticut, USA
    Posts
    359
    My guess is that you will not be fined for concealed carry. I know of one instance where the police where outside the police station with an individual and watched that individual place their handgun in a concealed holster and cover it up.

    The ordinance is outdated and likely not enforced. However, it should be brought to everyone's attention and as law abiding citizens we should respect the laws that are still on the books.

  6. #6
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960
    I agree with ya on that.

    But, it seems that the only way to comply is open carry.

    Jonathan

  7. #7
    Regular Member Lenny Benedetto's Avatar
    Join Date
    Aug 2008
    Location
    VP of CCDL, Inc., ,
    Posts
    470
    Quote Originally Posted by KIX View Post
    I agree with ya on that.

    But, it seems that the only way to comply is open carry.

    Jonathan
    Jonathan,
    I agree and we will all just have to do what is legal.

  8. #8
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960
    I'll keep Martha Dean's phone number handy in case I need a lawyer!!!!

    Jonathan

  9. #9
    Regular Member Lenny Benedetto's Avatar
    Join Date
    Aug 2008
    Location
    VP of CCDL, Inc., ,
    Posts
    470
    Quote Originally Posted by KIX View Post
    I'll keep Martha Dean's phone number handy in case I need a lawyer!!!!

    Jonathan
    Martha has been very busy lately (Lots of campaigning).
    I will be calling Attorney Craig Fishbein if I get in any trouble...besides there is a chance that he may actually be there when it happens...LOL!!

  10. #10
    Regular Member
    Join Date
    Jun 2008
    Location
    Stratford, Connecticut, USA
    Posts
    646
    Quote Originally Posted by Lenny Benedetto View Post
    Martha has been very busy lately (Lots of campaigning).
    I will be calling Attorney Craig Fishbein if I get in any trouble...besides there is a chance that he may actually be there when it happens...LOL!!
    I have him on speed dial in my phone.

  11. #11
    Regular Member
    Join Date
    Dec 2010
    Location
    New Britain, CT
    Posts
    1

    Your state pistol permit is valid in New Britain and New London

    Connecticut has no pre-emption statute, but we do have pre-emption under case law. That means the state statutes about carrying handguns pre-empt any local ordinances. The anti-carry ordinances may still exist, but they are not enforced. I do believe the police are aware of the pre-emption. So your state permit is valid despite any local ordinances.

  12. #12
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by Atty. Ralph D. Sherman View Post
    Connecticut has no pre-emption statute, but we do have pre-emption under case law. That means the state statutes about carrying handguns pre-empt any local ordinances. The anti-carry ordinances may still exist, but they are not enforced. I do believe the police are aware of the pre-emption. So your state permit is valid despite any local ordinances.
    Would this then mean that a local ordinance prohibiting carry inside a town building is not valid either?

  13. #13
    Regular Member
    Join Date
    Mar 2009
    Location
    Old Saybrook, CT
    Posts
    469
    Obviously I'm not an atty, and Ralph is, so I'm just speculating.

    A town has a right as a property owner to ban guns inside. The law does allow for that.

    Thoughts.?

    Don

    p.s. Ralph, thanks for weighing in. We've spoken in the past. I's good to see you on this forum.

  14. #14
    Regular Member
    Join Date
    Sep 2010
    Location
    CT
    Posts
    60

    Good question

    Good question, Rich B. Yes, the law does allow for property owners to ban firearms from their property, but does not prescribe punishment for it or allocate that action as a specific crime in the Penal Code. Not that I can see, at least. So how would someone be charged, if they brought a permit and a gun into a place where the private property owner doesn't allow it? That's one of my unanswered questions. I know of a case, mentioned in Ed Peruta's log from the SFLU, where someone carried a concealed handgun into one of the casinos, not having seen the sign which wasn't visible at the time, and still was arrested, and not for breach of peace.

    The other factor to consider is that town buildings are not private property. They are public property. I wonder, too, about some town's prohibitions against having weapons on outdoor Town property, like parks. The consensus of OCDO CT lawyers and non-lawyers seem to think such prohibitions would hold up in court, but I have to wonder. Is there case law on this? Obviously if the State thinks it can validly prohibit carry in State parks, it doesn't have a problem with banning carry in some public areas.

  15. #15
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by dcmdon View Post
    A town has a right as a property owner to ban guns inside.
    Who owns the property? Certainly not 'the town'. The taxpayers bought it, paid for it, and have control over it and the people they hire to manage it.

  16. #16
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by Johnny W View Post
    Obviously if the State thinks it can validly prohibit carry in State parks,
    Even the state admits that the only way they can prohibit carry in State Parks is by the 'owner' of the property banning it.

    They question then comes down to who is the owner? The capital police found out that they don't have the legal authority necessary during the 2nd amendment march. Why then would the commissioner of the DEP have this sort of legal authority over the State Parks property?

  17. #17
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960

    Ohio got it right

    Interesting this discussion has popped up here before, I also brought it up over the summer, I think.

    But, just came across nranews.com...... interesting.

    Link to my blog because I had already deleted the direct youtube link when I embedded the code.........

    http://ctgunsafety.com/?p=77

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

  18. #18
    Regular Member
    Join Date
    Mar 2008
    Location
    , ,
    Posts
    58
    Quote Originally Posted by Johnny W View Post
    Good question, Rich B. Yes, the law does allow for property owners to ban firearms from their property, but does not prescribe punishment for it or allocate that action as a specific crime in the Penal Code. Not that I can see, at least.
    There is a punishment listed in the state statutes, see Sec. 29-37.
    http://www.cga.ct.gov/2009/pub/Chap529.htm#Sec29-37.htm

    Sec. 29-37. Penalties. (a) Any person violating any provision of section 29-28 or 29-31 shall be fined not more than five hundred dollars or imprisoned not more than three years or both, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited.

    (b) Any person violating any provision of subsection (a) of section 29-35 may be fined not more than one thousand dollars and shall be imprisoned not less than one year or more than five years, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced by the court. The court shall specifically state the mitigating circumstances, or the absence thereof, in writing for the record. Any pistol or revolver found in the possession of any person in violation of any provision of subsection (a) of section 29-35 shall be forfeited.

    (c) Any person violating any provision of subsection (b) of section 29-35 shall have committed an infraction and shall be fined thirty-five dollars.

  19. #19
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960
    Seems the Ohio example can apply here. I wonder if the ruling would have been the same pre McDonald and Heller, but it is a decent one nonetheless:

    http://www.nraila.org/News/Read/News....aspx?ID=14596

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •