Thread: Red Alert: “Police Disarming Citizens BY FORCE in Connecticut NOW! – Tea Party Comman

Red Alert: “Police Disarming Citizens BY FORCE in Connecticut NOW! – Tea Party Command Center



Subject: Red Alert: "POLICE Disarming Citizens BY FORCE in Connecticut NOW! - Tea Party Command Center

Red Alert: "Police Disarming Citizens BY FORCE in Connecticut NOW! - Tea Party Command Center | Alternative

Red Alert: "POLICE Disarming Citizens BY FORCE in Connecticut NOW! Part 2 U



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More than 2,000 guns seized since Connecticut gun law took effect

Published: Tuesday, January 08, 2013

By Michelle Tuccitto Sullo
mtuccitto@nhregister.com / Twitter: @nhrinvestigate

In the years since Connecticut’s gun seizure law took effect, police have taken more than 2,000 weapons from hundreds of people, and some say the Newtown tragedy will likely cause gun seizures to spike.

Proponents say the law has saved lives, and increased awareness of it could save more. Over the years, weapons have been taken in cases where people allegedly threatened to kill themselves, made murder threats, and even threatened violence against schoolchildren.

Under the law, if a citizen lodges a complaint about an individual making a threat or being a suicide risk, police can pursue a warrant to take their firearms.

Attorney Rachel Baird of Torrington, who has represented clients whose guns have been seized under the law, said she “absolutely” believes there will be more complaints about gun owners in response to the Newtown tragedy.

“I have seen it already — I think people who own firearms will be subject to more scrutiny,” Baird said.

When asked if the state’s gun seizure law has prevented shootings, state police spokesman Lt. J. Paul Vance said, “I’m sure it has, without a doubt, taken weapons out of the hands of people who could have harmed themselves and others. It definitely is something that has been positive.”

On Dec. 14, Adam Lanza fatally shot his mother in Newtown. Lanza then took his mother’s guns and went to the Sandy Hook Elementary School, where he fatally shot six adults and 20 children.

As for whether anyone ever raised concerns about Lanza, Vance said, “We will examine that, to see if there were any issues. It will be examined by detectives as they continue to investigate this case.”

The state’s gun seizure law, passed in 1999, allows police, after investigating and determining probable cause, to pursue a warrant to seize guns from individuals who pose a risk to themselves or others. A judge then must hold a hearing within two weeks after the seizure to either order police to hold the guns for up to one year, or return them. If the court finds the person poses a risk, it can notify the Department of Mental Health and Addiction Services.

Rhonda Stearley-Hebert, manager of communications for the state Judicial Branch, said branch officials checked to see if there were any search and seizure warrants related to Adam Lanza, and they found nothing.

Michael Lawlor, undersecretary of the state Office of Policy and Management, Criminal Justice Policy and Planning Division, who worked on the gun seizure legislation as a state representative, said “This gave police the option, if there is evidence that someone poses an imminent risk, to take their guns.”

Lawlor believes Connecticut is the only state with such a law.

“This law has been used over 300 times, and there is no question that it has prevented tragedies,” Lawlor said. “When you look at the scenarios, it is clear in many of those cases, something was about to happen, and it was prevented.”

“These were people who appeared close to the breaking point, and who had guns in their homes,” Lawlor said. “There could have been domestic cases, like murder-suicides, which were prevented, and even larger events, like what happened in Newtown, (which were prevented).”

Milford police seized six guns and ammunition on March 20, 2001, after a juvenile claimed to have access to guns and threatened students. On March 23, 2001, Milford police seized 19 guns and ammunition after another juvenile made a murder threat against students. Both cases involved 12-year-old boys. In November 2004, Milford police seized one gun and ammunition after a 17-year-old Foran High School student threatened to shoot students on a school bus, according to a 2009 report by the Office of Legislative Research.

“In the aftermath of the Newtown shooting, people are more aware, and if they believe someone is a danger and has access to weapons, there are options to separate people from their guns and get people in treatment,” Lawlor said.

Milford police spokesman Officer Jeffrey Nielsen said he doesn’t know if tragedies were prevented in the Milford cases.

“We use existing legislation here, and we are very aggressive in investigating incidents involving firearms, and seizing them in accordance with state law,” Nielsen said. “We take firearms when it is necessary.”

Deputy Republican Leader at Large State Rep. Pamela Sawyer, R-Bolton, said the intent of the gun seizure law is a noble one, as it is meant to prevent violence.

“In theory, it could have perhaps prevented the (Newtown) tragedy, if it had been applied, but as with all laws, if the threat is not known, it can be very difficult to use them,” Sawyer said. “In this case, Adam Lanza’s intent was not known. Obviously, no one raised the level of concern that would have brought forward a reason to go to court, get the warrant and do the search and seizure for weapons, or they would have done it. We don’t know yet if anyone had thought to contact the appropriate authority to be able to use this law.”

According to Sawyer, there needs to be more awareness of it.

“How many people know that in Connecticut, if you are concerned about someone being unstable and they have access to weapons, you can call the police and begin this process? How do we make the public aware of the law to prevent a tragedy in the future?” Sawyer said.

State Rep. Bob Godfrey, D-Danbury, said he thinks there were likely opportunities for intervention in the Lanza case that didn’t occur.

“We haven’t gotten a full official report yet, but there were probably opportunities for someone to say, ‘you need help,’ and there shouldn’t be a stigma to asking for and getting help,” Godfrey said.

Baird asserted that the way the law is sometimes being applied is not what the legislature intended.

“Sometimes, police take the weapons first, and then go and get a warrant,” Baird said. “They are using a warrant to condone the warrantless seizure.”

Baird contends that individuals’ rights are being violated if police seize weapons without a warrant.

“It is traumatic, the majority of these people are law-abiding citizens, and police come in and it is like they are a danger to society,” Baird said.

Baird said in some cases, people haven’t actually threatened harm. Baird referenced one client, Duane Doutel, who only said things “will not be pretty” if he didn’t get medical records he was looking for forwarded, something which she said many individuals might say. Staff at the Norwalk physician’s office, where Doutel had been treated, felt threatened by his voice message, and contacted police.

“If you own a firearm, you can’t say what other people say — otherwise you will be subject to police coming and seizing your guns,” Baird said.

Baird is representing Doutel’s wife, Barbara Doutel, in a civil lawsuit filed in U.S. District Court in 2011. The lawsuit, which is pending, claims Norwalk police unlawfully seized Barbara Doutel’s firearms after the complaint against Duane Doutel. The lawsuit says Barbara Doutel had obtained the weapons for self-protection after the 2007 Cheshire home invasion triple-homicide.

Attorney Norman Pattis said he is “not a big fan of firearms,” but he has represented clients who have had their weapons taken away from them.

“The law has had a tendency to take things from people without cause,” Pattis said. “The threshold is a little too low. If we are going to have a right to have guns, I don’t think the state should have the right to take them for flimsy reasons.”

The legislature passed the gun seizure law in the aftermath of the 1998 state lottery headquarters shooting in Newington, when Matthew Beck killed four people and then himself.

Lawlor said there were a lot of “red flags” in the Beck case.

“In that case, the shooter had been an employee at the lottery and was on leave because of emotional issues,” Lawlor said. “He demonstrated behavior that made people nervous. He had acquired guns and showed up and killed people. There were a lot of red flags, and his parents had reached out, but police couldn’t take his guns.”

Beck hadn’t committed any crime and was within his rights to have a gun, so law enforcement had no legal authority to take them, Lawlor said.

Between 1999 and 2009, police in Connecticut applied for at least 277 warrants and seized more than 2,000 guns, the Office of Legislative Research report shows. State police seized the most — 574 — during this time frame. The amount is likely higher, as the 2009 report indicates that not all police departments provided complete data. According to submitted information, the state averages about 28 gun seizure warrants each year.

New Haven police spokesman Officer David Hartman said the department hasn’t tracked how many times it has seized weapons under the 1999 law.

“I don’t know how many times it has been utilized (in New Haven), but it is an important tool,” Hartman said. “We have seen people who are mentally disturbed and have weapons, and terrible things can result.”

Suicide risk was the most common reason for seeking a warrant in the state, at 46 percent, followed by a murder threat, at 12 percent. A threat of murder-suicide accounted for 9 percent of the warrant applications. A spouse was the most common person filing a complaint, followed by another relative, police, and then a health professional.

The warrants were most frequently sought against a male during these years, as warrants were obtained for cases involving 256 men and 21 women. When police conducted a search, they found guns in 96 percent of cases, the report shows.

Courts most frequently ordered police to hold the guns for the one year called for under the law, followed by transferring them to a third party, destroying or selling them. The disposition of weapons in some cases wasn’t available, as some police departments indicated the courts didn’t inform them of the outcome, according to the report.

The courts ordered police to return guns in 22 cases, the report shows.

The courts denied two warrants in the first 10 years the law was in place, one from Wolcott for lack of probable cause and one from West Hartford because police had already seized guns under a previous warrant, according to the report.

In a 2006 Torrington case, police had seized a man’s weapons after he made multiple phone calls about a suspicious person. The court ordered James Nardelli’s weapons returned, as he possessed a permit, had no criminal record, and the state “failed to show by clear and convincing evidence that the defendant poses a risk of imminent personal injury to himself or others.”

In the 2004 Milford school case, the guns seized were transferred to the subject’s father, who owned them. In one Milford 2001 case, the court ordered some property returned and some destroyed, and in the other Milford 2001 case, the guns were held for one year and then returned.

Bob Crook, executive director of the Coalition of Connecticut Sportsmen, said the group initially opposed the gun seizure legislation, which was being called a “turn in your neighbor” law, but Crook said its concerns didn’t come to fruition. Instead, Crook said the law has been beneficial.

“The police have used it about 300 times, and a lot of them were for domestic violence cases,” Crook said. “Our concern was that someone would see a hunter and waste police’s time with a complaint. But that didn’t happen. The law is working, and there have been no complaints about it to me from sportsmen.”

As for whether complaints and police gun seizures will spike because of Newtown, Crook said, “Hopefully, people will be rational.”

Jeanne Leblanc, communications and education manager with the American Civil Liberties Union of Connecticut, said, “The law seems to establish an appropriate procedure for police to get a warrant to confiscate guns and for the gun owner to ask the court to return them.”

Call Michelle Tuccitto Sullo at 203-789-5707.

More than 2,000 guns seized since Connecticut gun law took effect (documents)- The New Haven Register - Serving New Haven, Connecticut