Legal shoot-out in Connecticut over Sporter "look-alikes."

Shooting Industry, Dec, 1993 by Bill Clede

Connecticut's ban on assault rifles is being challenged in court by a group of citizens. The effort is funded by the NRA, represented by prominent Hartford, Conn., constitutional lawyer Wesley W. Horton, and by the Second Amendment Foundation, represented by Benenson & Kates. Due to Colt's recent financial difficulties, the company has declined to participate in the law suit.

Judge Anne C. Dranginis, of the Superior Court in Litchfield, scheduled a hearing for Nov. 15 when state officials must show why the court should not issue an injunction suspending enforcement of the law.

Brought in state court, the suit is based on state law, which is even more protective of citizen's rights than the U.S. Constitution, according to Horton. Patrick M. Squire, a lawyer who lobbied on Colt's behalf against passage of the law, is coordinating the legal challenge.

Local media calls it "a lawsuit aimed at crippling the ability of the General Assembly to pass gun control laws."

What local media has neglected to say is that the phrase "or similar types (of guns)" was removed from the bill before enactment. Thus, the Colt Sporter, manufactured in Connecticut, is banned because it is listed, however the other rifles of similar design are being advertised as being legal because they are not listed.

On Oct. 5, state legislators held a press conference to say that Eagle Arms of Coal Valley, Ill., and Olympic Arms of Olympia, Wash., are running deceptive advertising in Connecticut that their rifles are not included in the assault rifle ban.

Stamford Democrat Sen. George C. Jepson warned gun makers and dealers not to be misled. Rep. Michael P. Lawlor, D-East Haven, said, "We are here to say they are not legal."

Colt's attorney John Webber holds a different opinion. "Legislative committee records will show that such terminology as 'or similar types' was deleted from the proposed bill before it was passed. Sen. DiBella made it clear that the Olympic and Eagle rifles were not included."

Because the suit seeks a declaratory judgment, it will be heard by a judge and not a jury.

COPYRIGHT 1993 Publishers' Development Corporation
COPYRIGHT 2008 Gale, Cengage Learning

 

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