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Defendant has Standing to Contest Connecticut’s Ban on Carry in State Parks
AmmoLand ^ | April 1, 2024 | Dean Weingarten

Posted on 04/05/2024 5:32:57 AM PDT by marktwain

On January 14, 2023, David J. Nastri, Esq. filed suit against Katie Dykes as Commissioner of the Connecticut Department of Energy & Environmental Protection. Nastri challenged the constitutionality of Connecticut’s ban on the carrying of handguns in Connecticut state parks for the purpose of self-defense. From the complaint:

This is an action for declaratory and injunctive relief that challenges the constitutionality of Connecticut’s state regulation that bans the carrying of handguns in Connecticut state parks for the purpose of self-defense. Connecticut’s ban on handguns in state parks cannot pass constitutional muster under the historical standard that the Supreme Court announced in New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (Jun. 23, 2022), and the Second Amendment requires the Court to put a stop to Connecticut depriving its citizens of the most popular means of self-defense where it is undoubtedly the hardest for first responders to protect them.

On August 22, 2023, the District Court, Judge Janet Bond Arterton, granted the state’s motion to dismiss because the plaintiff lacked standing. Nastri appealed to the Court of Appeals for the Second Circuit.

On March 29, 2024, a three-judge panel of the Court of Appeals for the Second Circuit issued a Summary Order to the effect that Nastri had standing, the District Court’s judgment was vacated, and the District Court for the District of Connecticut is required to proceed with Nastri’s lawsuit against the State of Connecticut.

The parties do not dispute that Nastri has established the first two imminence elements, in that he alleged an “intent[]” to carry his handgun in state parks for self-defense in violation of section 23-4-1(c). Vitagliano, 71 F.4th at 137. Thus, the central issue in this appeal is whether Nastri has demonstrated a credible threat


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; banglist; connecticut; court; ct; stateparks
Courts are starting to follow the Supreme Court's instructions to treat the Second Amendment the same as other fundamental right.
1 posted on 04/05/2024 5:32:57 AM PDT by marktwain
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To: marktwain

state parks, especially those allowing camping, may have a criminal or two ….


2 posted on 04/05/2024 5:49:57 AM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them. )
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To: marktwain

Hope they win, National parks are the people’s parks and people should be able to exercise their constitutional rights there.


3 posted on 04/05/2024 5:52:24 AM PDT by 1Old Pro
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To: marktwain

Finally some logic and sanity begins to creep in.


4 posted on 04/05/2024 5:58:55 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: no-to-illegals

Has there ever been a shooting?


5 posted on 04/05/2024 6:13:13 AM PDT by bigbob
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To: bigbob

not sure but there have been murders in state parks. Don’t have locations, would need to research. Also numerous assaults have taken place in state parks. Would be safer in state parks if carry was allowed by citizens.


6 posted on 04/05/2024 6:16:50 AM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them. )
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To: no-to-illegals

>may have a criminal or two ….<

Or a bear, or a coyote, or a mountain lion, or a rabid skunk, or a well meaning elderly man with a poor memory.

EC


7 posted on 04/05/2024 6:47:26 AM PDT by Ex-Con777
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To: no-to-illegals
not sure but there have been murders in state parks.

Famous one in The Adirondack stae Park NY. In July 1973, Garrow murdered four people, including a young woman whom he kidnapped and repeatedly raped before killing, and a high school-aged camper in the Adirondacks a few days later. Three witnesses escaped and sought police, spurring a twelve-day statewide manhunt that was, at the time, the largest in New York State history.[4][2] Road blocks were set up at intersections throughout Adirondack Park requiring motorists to open vehicle trunks for law enforcement to thoroughly search. Motorists were warned not to stop for anyone on foot near the roads for fear that Garrow might have tried to pose as a hitchhiker. He was cornered in the woods 60 miles (100 km) north of the murder scene, and was shot in the foot, arm, and back by Environmental Conservation Officer Hilary J. LeBlanc. He survived, alleging that he was partially paralyzed. https://en.wikipedia.org/wiki/Robert_Garrow#:~:text=Robert%20Francis%20Garrow%20Sr.,State%20in%20the%20early%201970s.

8 posted on 04/05/2024 6:52:38 AM PDT by 1Old Pro
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To: Ex-Con777

True but also the two legged animal type. To be safe or not to be safe ….


9 posted on 04/05/2024 6:52:51 AM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them. )
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To: 1Old Pro

Thank you for your research ……


10 posted on 04/05/2024 6:53:51 AM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them. )
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To: marktwain

bkmk


11 posted on 04/05/2024 8:09:14 AM PDT by sauropod (Ne supra crepidam.)
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To: no-to-illegals

My mother, formerly known to Freepers as Holyscroller (died in March 2020), wrote a book called “Death on the Mountain” that gave the stories behind the 100+ known deaths that occurred on Mount Rainier.


12 posted on 04/05/2024 8:14:35 AM PDT by RainMan ((Democrats ... making war against America since April 12, 1861))
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To: RainMan

May your family know your Mother did a Great Service by writing her book “Death on the Mountain”


13 posted on 04/05/2024 3:44:19 PM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them. )
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