The Law Firm of Stephen M. Reck, LLC
Electronic Newsletter
April 2013
The Law Firm of Stephen M. Reck, LLC
P.O. Box 431
391 Norwich Westerly Road
Holly Green, Suite 2C-B
North Stonington, CT 06359
phone (860) 535-4040
fax (860) 535-3434
In This Issue
Local Disabled Gun Owners First to Challenge New Law
Connecticut Enacts "Toughest Gun Laws" in the Nation
Survey: Adults Text While Driving More than Teens
NHTSA: Distracted Driving Deaths Climb
New Road Safety Website Has Loads of Info
Most Weather-Related Deaths from Car Crashes
Study: Fatigue a Leading Cause of Distracted Driving
Recall Central
Don't Drive Distracted!
Local Disabled Gun Owners First to Challenge New Law
Attorney Scott D. Camassar has filed the first of many expected legal challenges to Connecticut's new gun law (discussed below), on behalf of New London resident Scott Ennis and his organization, Disabled Americans for Firearms Rights.  The suit, which you can read here, alleges that the expanded "assault weapons" ban discriminates against Ennis and other disabled persons like him who require banned features like pistol-grips, forward vertical grips, and adjustable stocks, in order to safely and effectively use firearms for lawful purposes. 
 
In a statement, Camassar said "Connecticut's new law places too little emphasis on school safety and mental health improvements, while placing far too many burdens of law-abiding gun owners, particularly disabled persons, with no real prospect for keeping guns away from criminals and those who are a threat to themselves and others.  Disabled individuals have unique needs when it comes to lawful use of firearms, whether it be recreational or competitive shooting, hunting, home defense, or personal self-defense, and they rely on safe, customizable firearms like the AR-15 in order to effectively participate in these lawful activities.  Cosmetic features like forward grips and adjustable stocks do not make a rifle more lethal, nor do factory-standard magazines that hold more than 10 bullets."  The case has received widespread media attention including articles in the Day, Norwich Bulletin, Hartford Courant, The CT Mirror, Yale Daily News, and many others, as well as stories on Fox 61 and NBC 30. Camassar and Ennis were also featured on the Renshaw Report on Metrocast 25, a public access cable show, and will be on Talk Radio 94.9 at 4:00 PM today.    
Ennis DAFR 
Scott Ennis demonstrates how he is able to hold a rifle with a pistol grip and forward vertical grip.  Due to severe joint damage caused by his hemophilia condition, he cannot rotate his elbow or wrist in order to hold a rifle in the traditional manner.
Connecticut Enacts "Toughest Gun Laws" in the Nation  
Assault weapon

On April 4, 2013, Governor Malloy signed into law Bill No. 1160, An Act Concerning Gun Violence Prevention and Children's Safety (Public Act 13-3), in response to the December mass shooting at Sandy Hook Elementary School in Newtown, CT.  The law imposes a host of new requirements, outlined below.

  

EFFECTIVE IMMEDIATELY:

  • There is an immediate ban on the sale or purchase of magazines that hold more than 10 rounds.
  • If you currently have a state Permit to Carry Pistols and Revolvers, you may only load 10 rounds into your firearm when carrying for self-defense pursuant to a Connecticut permit to carry pistols, even if your magazine has the ability to accept more rounds.
  • You may not carry a firearm for self-defense if the magazine "extend[s] beyond the bottom of the pistol grip."Many commonly owned handguns have magazines with floorplates that "extend beyond the bottom of the pistol grip, and could therefore be affected by the new law.
  • Due to physical characteristics, more than 100 firearms are classified as "assault weapons" and are banned immediately. Click here to see the full list.
  • With limited exceptions, individuals have to be at least 21 to purchase any semi-automatic centerfire rifle. This runs contrary to the current federal age limit of 18 to purchase any long gun.
  • All firearms sales, deliveries and transfers, regardless of where they take place, must go through a Federal Firearms Licensed (FFL) dealer or through the Department of Emergency Services and Public Protection (DESPP).

EFFECTIVE ON OCTOBER 1, 2013:

Individuals over the age of 18 must obtain an "ammunition certificate" to purchase ammunition and magazines.

 

- The fee (tax) for this certificate is $35 and must be renewed every 5 years.

- You will be subjected to a criminal background investigation.

- If you already hold a valid state Permit to Carry Pistols and Revolvers or newly created "long gun eligibility certificate," you are exempt from this additional requirement to obtain a separate "ammunition and magazine certificate."

- You can apply for this certificate beginning on July 1, 2013.

 

EFFECTIVE ON JANUARY 1, 2014:  All currently possessed magazines that have the ability to hold more than 10 rounds must be registered with the DESPP no later than January 1, 2014 under procedures that are still to be determined.

 

Any non-resident who moves into Connecticut after January 1, 2014 will have 90 days to permanently disable, sell to a gun dealer or take out of state, any magazine that holds more than 10 rounds

 

Any semi-automatic centerfire rifle that can accept a detachable magazine and has specific cosmetic features, certain semi-automatic pistols and certain semi-automatic shotguns are immediately classified as "assault weapons" and must be registered with the DESPP by January 1, 2014.

 

- Any non-resident who moves into Connecticut after January 1, 2014 will have 90 days to permanently disable, sell to a gun dealer or take out of state, any firearm that is now classified as an "assault weapon."

 

- Click here to see if your firearm will need to be registered by January 1 under the new law.

 

EFFECTIVE ON APRIL 1, 2014: 

Individuals must apply for a "long gun eligibility certificate" through the DESPP to purchase any rifle or shotgun. You are exempt from this requirement if you have a Connecticut permit to carry a pistol or revolver; a pistol or revolver retail sales permit; or a pistol or revolver eligibility certificate.

 

-The fee (tax) for this certificate is $35 and must be renewed every 5 years.

- You must complete a DESPP- approved firearms training course.

- You must submit fingerprints with your application.

- The DESPP commissioner will have 60 days after the receipt of your application to issue the "long gun eligibility certificate," which can then be presented to a licensed firearms dealer to purchase a long gun.

- You can apply for this certificate beginning July 1, 2013.

Survey: Adults Text While Driving More than Teens

texting

Adults are the biggest offenders when it comes to texting-while-driving in the U.S.--and they know it's wrong.  Almost half of all adults admit to texting while driving in a survey by AT&T compared with 43% of teenagers. More than 98% of adults - almost all of them - admit they know it's wrong. Six in 10 say they weren't doing it three years ago. These disconcerting findings follow an extensive national campaign against distracted driving: 39 states and the District of Columbia ban texting while driving for all drivers, and an additional five states prohibit the practice for new drivers, according to the Governors Highway Safety Association. The AT&T survey follows a study this month from the Centers for Disease Control and Prevention that found 31% of drivers in the U.S. reported texting or e-mailing while driving. Read more.

About Our Firm
At The Law Firm of Stephen M.  Reck, justice is our mission.  Our firm is well known and well respected for its ability to handle personal injury, wrongful death, and professional malpractice cases in Connecticut and Rhode Island.  Call today or visit us on the web at www.stephenreck.com.

The Law Firm of Stephen M. Reck, LLC  

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Attorney Spotlight
Earlier this month, Atty. Scott Camassar returned to his law school to serve as a volunteer moot court judge. First year law students prepare briefs on an assigned topic and argue their respective cases in front of faculty or alumni judges.     
NHTSA: Distracted Driving Deaths Climb 

The Detroit News reported that "Despite a growing number of restrictive state laws and media campaigns urging drivers to skip calls or texts behind the wheel, a new government study found more than 660,000 American drivers are using cellphones, texting or manipulating electronic devices at any given time during daytime hours."  While the number of wrecks in which drivers were distracted (on a phone, applying makeup, eating, etc.) declined in 2011, the number of people killed in those crashes rose 8% in 2011 to 3,331 fatalities, accounting for one in every 10 traffic deaths, according to the National Highway Traffic Safety Administration.  Read more.

New Road Safety Website Has Loads of Info 

A new free online bank of key road safety facts and research was launched last month. The Road Safety Observatory will provide easy access to independent road safety research for both road safety professionals and members of the public. It covers a wide range of road safety topics, including fitness to drive, drink driving, seat belts, driver telematics, child restraints in cars and many others. The Observatory also provides links to the hundreds of research reports on which the reviews have been based for those who want to see the original evidence.  

Most Weather-Related Deaths from Car Crashes 

Data from the Federal Highway Administration (FHWA) shows the biggest weather-related killer in the U.S. is car accidents.  On average, more than 7,000 Americans die in weather-related wrecks each year on the nation's highways.  The FHWA defines weather-related crashes as those that occur in adverse weather such as rain, sleet, snow or fog, or on slick pavement. Read more.

Study: Fatigue a Leading Cause of Distracted Driving

A new study from the Virginia Tech Transportation Institute finds that fatigue is the leading form of distracted driving that results in crashes and near-crashes  The research indicates that fatigue plays a larger role in distracted driving than previous research suggested.

Recall Central  
To read about recent recalls and product safety news from the U.S. Consumer Product Safety Commission, click here.  
 
Get the latest recall information from the National Highway Traffic Safety Administration here
 
The Dept. of Agriculture's Food Safety and Inspection Service regulate meat, poultry products and processed eggs.  Check their recalls here.  
 
Click here for Food and Drug Administration recalls, market withdrawals and safety alerts.  
 
For updates on the peanut products recall click here.
Don't Drive Distracted!
It Kills 
 

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The trial attorneys at The Law Firm of Stephen M. Reck, LLC represent individuals in all types of personal injury cases throughout the state of Connecticut and the state of Rhode Island, including, in Connecticut: New London County, New Haven County, Middlesex County, Hartford County, Tolland County, and Windham County; and in Rhode Island: Bristol County, Kent County, Newport County, Providence County, and Washington County. 
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