Two 19-year-old Connecticut residents and two gun advocacy groups are challenging state and federal gun laws denying them the ability to get a pistol permit due to their age, according to a federal lawsuit filed Tuesday.
Zachary Succow of Seymour and Samuel Towne of Norwich are also seeking immediate temporary and permanent injunction barring new U.S. Attorney General Pamela Jo Bondi and other federal and state officials from enforcing laws that prohibit 18- to 20-year-olds from obtaining a pistol permit, court papers said.
“Eighteen-year-olds are legal adults entitled to all of the rights of citizenship, including the right to carry handguns for self-defense,” said Cameron Atkinson, one of three lawyers representing the men and the gun advocacy groups in the case. “It is hypocrisy for our nation to trust them with equipment such as tanks in military service but deny them their Second Amendment right to carry a pistol for personal protection.”
Succow has held positions of responsibility in the community, including working as a lifeguard at the Naugatuck YMCA and as a snowboard instructor at Mount Southington, the lawsuit said. Towne used rifles and learned about gun safety as a member of the Boy Scouts and has taken safety training associated with obtaining a Connecticut long gun eligibility certificate, according to the lawsuit.
Both Connecticut men “meet all of the federal and Connecticut requirements to obtain a Connecticut pistol permit” except for their age, said the lawsuit filed with the Connecticut Citizen’s Defense League and the Washington-based Second Amendment Foundation.
The two other attorneys representing the group, Craig Fishbein and Doug Dubitsky, are Connecticut state legislators who also represent clients in state and federal proceedings.
Atkinson has also filed lawsuits on behalf of a Connecticut resident who challenged a law that bans carrying firearms in Connecticut state parks and challenged a ban on carrying firearms in post offices. The lawsuit regarding the parks was dismissed after a trial but the ruling is being appealed. The lawsuit involving firearms in the post office is pending.
Connecticut Attorney General William Tong called the lawsuit a “radical” challenge to the state’s laws.
“Why are extremists so hellbent in putting our children at risk?” Tong said in a statement. “No one wants pistol-packing teenagers. This is another radical challenge to Connecticut’s lawful and commonsense gun laws, and we will vigorously defend against it.”
Biondi’s office did not respond to a request for comment Wednesday.
The lawsuit against the pistol permit ban was filed against Bondi — who was sworn in as attorney general on Feb. 5 — Connecticut Commissioner of the Department of Emergency Services and Public Protection Ronnell Higgins, Margaret Kelly, state’s attorney for the judicial district of Ansonia/Milford, Paul Narducci, state’s attorney for the judicial district of New London, Seymour Chief of Police John Bucherati and Norwich Chief of Police Patrick Daley.
In Connecticut, state and local officials all have a hand in approving pistol permits, with the exception of the two state’s attorneys who are responsible for enforcing laws, according to the lawsuit.
On the state level, a person seeking a pistol permit must first file an application with the police chief in their town of residence, who then approves or denies the application. If the application is approved, DESPP gives the applicant a temporary pistol permit until the required checks can be done to issue a permanent permit.
Federal law also prohibits 18- to 20-year-olds from purchasing, obtaining and bearing handguns, the lawsuit said. “The apparent rationale behind this legal scheme is a speculative government value judgment that law-abiding adult citizens between the ages of 18 and 20 are not responsible enough to keep and bear handguns,” the lawsuit stated.
But the same age group can vote, serve in the military and be prosecuted as an adult if they commit a crime, said the lawsuit, which also pointed out that Connecticut and the federal government reference a militia of citizens in their respective constitutions. They are also protected under several amendments to the federal Constitution, including the Second Amendment which guarantees the right to bear arms, the lawsuit said.
“In particular, Towne does not feel safe in the City of Norwich and other Connecticut towns that he visits, and he wishes to obtain a handgun for self-defense as soon as possible,” the lawsuit said.
But he needs to apply for a pistol permit, which he is prohibited by law from doing, the court papers said.
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