The low and middle income Montville taxpayer is doomed.
Montville had an outstanding debt of $ 26,040,176 as of 2005 (http://products.cerc.com/pdf/tp/montville.pdf).
The school improvement plan is bonded for about $20 million and appears to be headed for cost over-runs.
The loss to Rand-Whitney in the water quality litigation is about $15 million so far. The interest penalty of $50,000 per month will add up to another $900,000 for a total of about $16 million by the end of 2007.
Rand-Whitney is also suing the town over property taxes to the tune of $4 million.
The town is in the process of paying almost $3 million to Montville Power LLC over the next five years as a result of lost litigation.
That brings the total town debt to about $69 million. But that total does not include other litigation such as that initiated by persons suffering physical injury, discrimination, and the Podurgiel Lane residents.
None of the above listed numbers include the fees paid to lawyers and public relations firms.
The losses to Rand-Whitney alone are about 65 percent of annual revenue from taxes (http://www.montville-ct.org/CMS/default.asp?CMS_PageID=492).
The total debt is about 135 percent of the total budget for the town and 209 percent of the education budget.
Now we have the proposed Community Center that would incur $3 million more in debt for just the FIRST PHASE. Phase 2 would be a field house with an indoor track and playing space and Phase 3 an indoor swimming pool. Phases 2 and 3 would be millions more in construction and a considerable amount in operating and maintenance expenses.
How long can the lower income taxpayers of Montville carry the burden? What happens when even the mayor can not afford to live in Montville?
Friday, June 01, 2007
Monday, January 15, 2007
An Analysis of Montville Revaluation and Taxes
Revaluation does not determine taxes. Revaluation only values all properties by the same standard at the same time. Taxes are set by government.
Unchanged, the existing tax (mill) rate would increase property taxes proportionally to increased values.
The mill rate is lowered after revaluation.
That is dangerous for the taxpayer; particularly in Montville.
For 2006-2007:
Adopted budget 51,290,586
Other funds available -20,566,264
Tax revenue needed 30,724,322
Grand List (total property values) = $1,028,853,850, mill rate = 29.86 ($200,000 house = $5793 tax)
Assuming a 75% average increase in property values, the Grand List would be $1,800,494,237. To meet the current budget the mill rate would be set at 17.06 (the now $350,000 house = $5793 tax).
Assuming a 4% budget increase for 2007-2008 ($31,953,295), the mill rate equals 17.75 ($350,000 house = $6211 tax).
The town is about $32 million in debt (existing + litigation), plus pending bond issues and legal expenses.
There are a range of options available to the town. Those options are default, fight the inevitable, bond the debt, and pay the debt.
Should the town default, its credit rating is destroyed, the state takes over, and who knows how far taxes would increase.
Fighting the inevitable, and continuing to fund new projects, further increases debt and drives long range taxes higher.
Bonding the debt would damage the town credit rating and drive long range taxes still higher.
To pay the debt and fund the budget ($63,953,295) the mill rate would be 35.52 ($350,000 house = $12,432 tax).
No matter what Montville does (short of unlikely exemptions) fixed and lower income Montville residents are doomed. Property taxes ignore ability to pay, punish past personal achievements, and the government refuses to get serious about controlling spending (particularly the Board of Education).
NOTE: A more detailed analysis will be presented in the near future.
Unchanged, the existing tax (mill) rate would increase property taxes proportionally to increased values.
The mill rate is lowered after revaluation.
That is dangerous for the taxpayer; particularly in Montville.
For 2006-2007:
Adopted budget 51,290,586
Other funds available -20,566,264
Tax revenue needed 30,724,322
Grand List (total property values) = $1,028,853,850, mill rate = 29.86 ($200,000 house = $5793 tax)
Assuming a 75% average increase in property values, the Grand List would be $1,800,494,237. To meet the current budget the mill rate would be set at 17.06 (the now $350,000 house = $5793 tax).
Assuming a 4% budget increase for 2007-2008 ($31,953,295), the mill rate equals 17.75 ($350,000 house = $6211 tax).
The town is about $32 million in debt (existing + litigation), plus pending bond issues and legal expenses.
There are a range of options available to the town. Those options are default, fight the inevitable, bond the debt, and pay the debt.
Should the town default, its credit rating is destroyed, the state takes over, and who knows how far taxes would increase.
Fighting the inevitable, and continuing to fund new projects, further increases debt and drives long range taxes higher.
Bonding the debt would damage the town credit rating and drive long range taxes still higher.
To pay the debt and fund the budget ($63,953,295) the mill rate would be 35.52 ($350,000 house = $12,432 tax).
No matter what Montville does (short of unlikely exemptions) fixed and lower income Montville residents are doomed. Property taxes ignore ability to pay, punish past personal achievements, and the government refuses to get serious about controlling spending (particularly the Board of Education).
NOTE: A more detailed analysis will be presented in the near future.
Sunday, January 07, 2007
Technical Difficulties
Technical difficulties have precluded publishing for about two months. With luck, timely articles will resume starting today (01/07/2007).
Flawed Resolution
The resolution (January 8, 2007 agenda item 13a) regarding tax rebates for certain types of vehicles is flawed. The resloution states that any person that owns and registers any new vehicle in the Town of Montville that operates on non petroleum fuel such as electric, natural gas, steam, water, propane or is a hybrid vehicle that their taxes shall be rebated each year by the Montville Town Council in the same manner as we rebate taxes collected in error.
Fossil fuel is the term for buried combustible geologic deposits of organic materials, formed from decayed plants and animals that have been converted to (petroleum) crude oil, coal, natural gas, or heavy oils by exposure to heat and pressure in the earth's crust.
Electricity is generated by Nuclear Power, Natural Gas, Coal or Fuel Oil and therfore electric cars are, in fact, powered by petroleum since Natural Gas, Coal and Fuel Oil are petroleum type substances (fossil fuels).
Obviously, Natural Gas powered vehicles are also powered by petroleum based fuel.
Steam powering a vehicle must be generated by a heat source capable of creating temperatures high enough to make large volumes of steam. Steam powered vehicle boilers are usually fired by a fossil fuel.
There are no practical water powered vehicles. The best approximation is a Fuel Cell powered vehicle. These vehicles use Hydrogen, Alcohol or Methanol as a fuel and a high oxygen content material as an oxidant. Some Fuel Cells use petroleum based fuels.
Propane is normally a gas, but is compressible to a liquid that is transportable. It is derived from petroleum products during oil or natural gas processing. Therfore, Propane powered vehicles also use petroleum.
The resolution would be viable if the words “operates on non petroleum fuel such as electric, natural gas, steam, water, propane or” were deleted.
Fossil fuel is the term for buried combustible geologic deposits of organic materials, formed from decayed plants and animals that have been converted to (petroleum) crude oil, coal, natural gas, or heavy oils by exposure to heat and pressure in the earth's crust.
Electricity is generated by Nuclear Power, Natural Gas, Coal or Fuel Oil and therfore electric cars are, in fact, powered by petroleum since Natural Gas, Coal and Fuel Oil are petroleum type substances (fossil fuels).
Obviously, Natural Gas powered vehicles are also powered by petroleum based fuel.
Steam powering a vehicle must be generated by a heat source capable of creating temperatures high enough to make large volumes of steam. Steam powered vehicle boilers are usually fired by a fossil fuel.
There are no practical water powered vehicles. The best approximation is a Fuel Cell powered vehicle. These vehicles use Hydrogen, Alcohol or Methanol as a fuel and a high oxygen content material as an oxidant. Some Fuel Cells use petroleum based fuels.
Propane is normally a gas, but is compressible to a liquid that is transportable. It is derived from petroleum products during oil or natural gas processing. Therfore, Propane powered vehicles also use petroleum.
The resolution would be viable if the words “operates on non petroleum fuel such as electric, natural gas, steam, water, propane or” were deleted.
Thursday, October 05, 2006
Time for State Senator Prague to Retire
Senator Prague and her opponent, Matthew Daly of Hebron, met Wednesday night for a debate.
In the course of the debate, Senator again called for tollbooths on state highways to generate more revenue for the state's coffers. She claims the funds would go to education and ease the tax burden on local property owners.
State funding for education is inadequate at best and there is no reason to believe the situation would change regardless of the amount of taxes the state collects. If the state won’t increase education funding when is has a $1,000,000,000 (billion) surplus when might it happen.
While tolls might help some property owners, the fact is that tolls would simply be another tax as the towns would not lower property tax rates. The towns would merely continue to spend the money.
Senator Prague said, "If we had more revenues coming in, we could finds better ways of distributing it". What she meant by that comment was that there would be more money to funnel into projects that assure more votes for her and the rest of the “spendacrats”.
Mr. Daly was correct when he said that adding tollbooths is just another way of taxing people. Mr. Daly’s thinking with regard to tax structure and spending are much more in line with fiscal responsibility
Senator Prague, a six-term incumbent, was correct when she said the state is facing critical problems in the future in providing for health care, job growth and transportation. She also said that the state needs more revenue to do that. In that, she is incorrect. What the state needs is responsible and conservative fiscal planning and expenditure.
That is the opposite of what Senator Prague proposes. She has done a good job of representing the people of Montville in the past. She has earned the right to an honorable retirement. She should begin to enjoy that retirement before she spoils her record by embracing the leftist philosophy of the new mainstream Democrats.
Reference: Norwich Bulletin article of 10/05/06
In the course of the debate, Senator again called for tollbooths on state highways to generate more revenue for the state's coffers. She claims the funds would go to education and ease the tax burden on local property owners.
State funding for education is inadequate at best and there is no reason to believe the situation would change regardless of the amount of taxes the state collects. If the state won’t increase education funding when is has a $1,000,000,000 (billion) surplus when might it happen.
While tolls might help some property owners, the fact is that tolls would simply be another tax as the towns would not lower property tax rates. The towns would merely continue to spend the money.
Senator Prague said, "If we had more revenues coming in, we could finds better ways of distributing it". What she meant by that comment was that there would be more money to funnel into projects that assure more votes for her and the rest of the “spendacrats”.
Mr. Daly was correct when he said that adding tollbooths is just another way of taxing people. Mr. Daly’s thinking with regard to tax structure and spending are much more in line with fiscal responsibility
Senator Prague, a six-term incumbent, was correct when she said the state is facing critical problems in the future in providing for health care, job growth and transportation. She also said that the state needs more revenue to do that. In that, she is incorrect. What the state needs is responsible and conservative fiscal planning and expenditure.
That is the opposite of what Senator Prague proposes. She has done a good job of representing the people of Montville in the past. She has earned the right to an honorable retirement. She should begin to enjoy that retirement before she spoils her record by embracing the leftist philosophy of the new mainstream Democrats.
Reference: Norwich Bulletin article of 10/05/06
Wednesday, September 27, 2006
Another Incremental Attack on the 2nd Amendment
The Norwich Bulletin editorial titled “Gun Safety Merits Hearing at State Level” (09/15/2006) contained some errors but the gist was unmistakable. It is evident that the Bulletin is fervently opposed to the Second Amendment. When blatant frontal attacks on the rights of citizens to bear arms fail, all good socialists resort to incremental methods to attain their goals.
One line in the Bulletin editorial sums the stand of that publication. That sentence reads, “The wonder is the state has not stepped up already to regulate the discharge of firearms”. The next line in the editorial exposes the typical socialist paternal attitude that citizens are incapable of self-rule. That sentence reads, “This is an issue of safety and common sense.” The Bulletin, typical of most media believes the public, and gun owners in particular, do not have enough common sense to act safely in any matter.
The primary “fear” of those opposed to the original proposal is not the confiscation of guns. Confiscation is too blatant and the left wing “Cookie Cutter” Democrats know that. Their strategy is to incrementally restrict the possession and use of firearms to the point where ownership and use becomes impractical if not impossible.
As stated in the Bulletin editorial, State Representative Kevin Ryan intends to assemble "the stakeholders", police, public safety officials, sportsmen's groups and members of the NRA to discuss a law that would outlaw the discharge of firearms within 500 feet of a building housing people, pets or livestock.
Although the National Rifle Association (NRA) regards him favorably, Mr. Ryan is an unknown quantity. Once introduced into the legislative process, and out of Mr. Ryan’s purview, the “Cookie Cutter” Democrats controlling the Connecticut Legislature will turn even his most well intentioned proposal into the most restrictive and expensive law possible.
The Bulletin editorialized earlier that not all gun owners are as skilled with firearms as are members of the NRA and stated that the point is central to the argument. That statement is one of the few accurate proclamations in the Bulletin’s editorial history. However, there are numerous existing laws to cover intentional or negligent behavior involving firearms. No new laws regarding the use of firearms are necessary.
At the risk of being reasonable, the following suggestion is offered. Rather than restrict the use of firearms, why not have legislation that specifies requirements for safe target ranges regardless of the location. No such regulation currently exists in Connecticut. Constructing the directive would be easy using the resources of local and national target ranges, target shooting organizations, and the NRA.
Perhaps Mr. Ryan would consider that alternative rather than letting the cookie cutters impose more draconian restrictions on the possession and use of firearms in Connecticut.
Reference:
http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20060915/OPINION01/609150317/1014/OPINION
One line in the Bulletin editorial sums the stand of that publication. That sentence reads, “The wonder is the state has not stepped up already to regulate the discharge of firearms”. The next line in the editorial exposes the typical socialist paternal attitude that citizens are incapable of self-rule. That sentence reads, “This is an issue of safety and common sense.” The Bulletin, typical of most media believes the public, and gun owners in particular, do not have enough common sense to act safely in any matter.
The primary “fear” of those opposed to the original proposal is not the confiscation of guns. Confiscation is too blatant and the left wing “Cookie Cutter” Democrats know that. Their strategy is to incrementally restrict the possession and use of firearms to the point where ownership and use becomes impractical if not impossible.
As stated in the Bulletin editorial, State Representative Kevin Ryan intends to assemble "the stakeholders", police, public safety officials, sportsmen's groups and members of the NRA to discuss a law that would outlaw the discharge of firearms within 500 feet of a building housing people, pets or livestock.
Although the National Rifle Association (NRA) regards him favorably, Mr. Ryan is an unknown quantity. Once introduced into the legislative process, and out of Mr. Ryan’s purview, the “Cookie Cutter” Democrats controlling the Connecticut Legislature will turn even his most well intentioned proposal into the most restrictive and expensive law possible.
The Bulletin editorialized earlier that not all gun owners are as skilled with firearms as are members of the NRA and stated that the point is central to the argument. That statement is one of the few accurate proclamations in the Bulletin’s editorial history. However, there are numerous existing laws to cover intentional or negligent behavior involving firearms. No new laws regarding the use of firearms are necessary.
At the risk of being reasonable, the following suggestion is offered. Rather than restrict the use of firearms, why not have legislation that specifies requirements for safe target ranges regardless of the location. No such regulation currently exists in Connecticut. Constructing the directive would be easy using the resources of local and national target ranges, target shooting organizations, and the NRA.
Perhaps Mr. Ryan would consider that alternative rather than letting the cookie cutters impose more draconian restrictions on the possession and use of firearms in Connecticut.
Reference:
http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20060915/OPINION01/609150317/1014/OPINION
Tuesday, August 22, 2006
Montville Litigation Summary
The total of recent and likely future rulings against Montville known as of August 2006 is at least $16.95 million not including legal fees.
1996 - Rand-Whitney sued the town over the quality of recycled water provided to the paper plant. The town has incurred about $1.6 million in legal costs as of August 2006. The court awarded Rand-Whitney $10 million. The company was also awarded $3.5 for reimbursement of legal fees.
12/2004 - The town will pay $2.65 million to Montville Power LLC from 2006 to 2011 to settle the power plant's appeal of its tax assessments.
07/2005 - The O'Connor's family is seeking reimbursement of medical expenses and other damages incurred during an accident involving a town ambulance April 22, 2005. The amount sought is not known.
10/2005 - Nancy Sullivan filed a complaint against the town through the state Commission on Human Rights and Opportunities.
06/2006 - Residents of 18 properties on Podurgiel Lane have notified the town they intend to sue because of property damage they endured from construction of the Montville Commons shopping complex.
05/2006 - For the fifth straight year, Rand-Whitney Containerboard is suing the town in an effort to reduce the company's tax assessments. Rand-Whitney, one of the town's biggest taxpayers, is challenging not only the $20 million personal property assessment the town set on its Route 163 paper mill, but also the $16 million real estate assessment the town established in 2005. Combined, those assessments would yield nearly $1,047,600 in municipal taxes this year.
The company alleges it overpaid the town $1.3 million in personal property taxes and an unknown amount in real estate taxes.
06/2006 - Residents and property owners of Podurgiel Lane are suing the town to reverse a June 6 decision by the planning commission to approve modifications to the Montville Commons shopping center site plan.
07/2006 - The Rev. Jerry Davis, mother of Patrick Davis, filed an intent notice Friday (07/07/06) in the town clerk's office. Davis claims her son sustained serious physical injuries, including a torn kidney, a punctured intestine, punctured colon, a collapsed left lung and a main artery clot. Davis claims the school "failed to have bus monitors, supervision or security to protect" her son.
08/2006 - Podurgiel Lane residents, along with a handful of other property owners, also have filed a lawsuit to reverse the Planning and Zoning Commission's July 25 decision to approve site plan modifications for a fueling station on the site that would be operated by Stop & Shop.
1996 - Rand-Whitney sued the town over the quality of recycled water provided to the paper plant. The town has incurred about $1.6 million in legal costs as of August 2006. The court awarded Rand-Whitney $10 million. The company was also awarded $3.5 for reimbursement of legal fees.
12/2004 - The town will pay $2.65 million to Montville Power LLC from 2006 to 2011 to settle the power plant's appeal of its tax assessments.
07/2005 - The O'Connor's family is seeking reimbursement of medical expenses and other damages incurred during an accident involving a town ambulance April 22, 2005. The amount sought is not known.
10/2005 - Nancy Sullivan filed a complaint against the town through the state Commission on Human Rights and Opportunities.
06/2006 - Residents of 18 properties on Podurgiel Lane have notified the town they intend to sue because of property damage they endured from construction of the Montville Commons shopping complex.
05/2006 - For the fifth straight year, Rand-Whitney Containerboard is suing the town in an effort to reduce the company's tax assessments. Rand-Whitney, one of the town's biggest taxpayers, is challenging not only the $20 million personal property assessment the town set on its Route 163 paper mill, but also the $16 million real estate assessment the town established in 2005. Combined, those assessments would yield nearly $1,047,600 in municipal taxes this year.
The company alleges it overpaid the town $1.3 million in personal property taxes and an unknown amount in real estate taxes.
06/2006 - Residents and property owners of Podurgiel Lane are suing the town to reverse a June 6 decision by the planning commission to approve modifications to the Montville Commons shopping center site plan.
07/2006 - The Rev. Jerry Davis, mother of Patrick Davis, filed an intent notice Friday (07/07/06) in the town clerk's office. Davis claims her son sustained serious physical injuries, including a torn kidney, a punctured intestine, punctured colon, a collapsed left lung and a main artery clot. Davis claims the school "failed to have bus monitors, supervision or security to protect" her son.
08/2006 - Podurgiel Lane residents, along with a handful of other property owners, also have filed a lawsuit to reverse the Planning and Zoning Commission's July 25 decision to approve site plan modifications for a fueling station on the site that would be operated by Stop & Shop.
Monday, August 14, 2006
Review of the Proposed Ordinance
Title
The word “dangerous” is redundant and inherently untrue in this application. The document seeks to criminalize legal behavior where illegal behavior is covered by existing state laws.
Preface Paragraph 1
1. There are no state laws regarding bows other than for hunting.
2. Contrary to the statement, any safety concerns related by this document are not for those using the devices but are supposedly for the public.
Preface Paragraph 2
1. The phrase “firing range” and the word “shooting” imply firearms but the document also addresses other devices.
2. The word “firing” is redundant and confusing.
3. There is no mention of property.
Preface Paragraph 3
No comment.
Section I
1. This section conflicts with Chapter 490, Section 26-38, Hunting by Minors, and in the case of parents supervising/instructing their children, is a violation of the second amendment and counter to reasonable use of property.
2. This provision prohibits the use of toy bows with suction cup arrows.
3. This provision bans “squirt guns” powered by air (Super Soaker type).
4. The word “rifle” is redundant to “firearm”, unless the state definitions were intended in which case the section is incomplete.
Section II
1. This section probably conflicts with Chapter 490, Section 26-48 - Private Shooting Preserves.
2. Subsections 1 and 2 require that all persons, livestock, pets and other domestic animals be kept within 500 feet of dwellings of building stands and pets.
3 Subsection 3 restricts use of private property.
4. Subsection 3 would require the posting of the lands identified to allow compliance.
5. In Subsection 3, the phrase “public highways” would ban virtually all shooting activities in the town and would probably disallow an existing range.
6. In Subsection 3, the phrase “any and all other public places” is probably unconstitutionally vague.
Section III
1. This section is contradictory as it pertains to instructors. How could a minor violate the ordinance if on a range under the supervision of an instructor?
Section IV
1. Although this section appears to guarantee constitutional rights provided by the second amendment, the language of the remainder of the document could be used to infringe on those rights as well as other rights assured the constitution and law.
2. This section fails to reference what federal, state and local laws and regulations pertain to a “qualified shooting range”
Section V
No Comment
General Comments
1. Under the terms of Section IV, a person operating under the provisions of Section I would be in violation of the ordinance (“qualified instructor” versus “certified firearms safety personnel”).
2. This ordinance is not needed, state law covers
"Reckless Endangerment", Chapter 952, Sec. 53a-63 and 53a-64
“Criminal Negligence”, Section 53-3(14)
“Unlawful Discharge of Firearms” Chapter 943, Section 53-203
“Assault with a Deadly Weapon - Third Degree” Section 53a-61 (a) (3)
“Disorderly Conduct” Chapter 952, Section 53a-182
3. The document is poorly written and is inconsistent in its terminology and word usage.
4. The ordinance does not define, nor reference definitions of, an “authorized range”, “firearm”, “qualified instructor”, or “firearms safety personnel”.
5. There is no definition of a shooting range on a state level.
Questions
Q1. What criteria does a shooting range have to meet to be “qualified”?
Q2. What are the qualifications of a “qualified instructor”?
Q3. What are the qualifications of a “certified firearms safety person”?
Q4. What is a “building stands” (Section II, Subsection 1)?
Q5. Will existing ranges be “grandfathered”?
Q6. How would the ordinance affect indoor shooting ranges or ranges on or inside private property/residences?
References
Chapter 943, Section 53-203. Unlawful discharge of firearms.
http://www.cga.ct.gov/2005/pub/Chap943.htm#Sec53-203.htm
Chapter 950, Section 53a-3(14) - Criminal Negligence
http://www.cga.ct.gov/2005/pub/Chap950.htm - Sec53a-3.htm
Chapter 950, Section 53a-3(19) – Firearm
http://www.cga.ct.gov/2005/pub/Chap950.htm - Sec53a-3.htm
Chapter 950, Section 53a-61(a)(3) - Assault with a Deadly Weapon - Third Degree
http://www.cga.ct.gov/2005/pub/Chap952.htm - Sec53a-61.htm
Chapter 952, Section 53a-63. Reckless endangerment in the first degree: Class A misdemeanor.
http://www.cga.ct.gov/2005/pub/Chap952.htm#Sec53a-63.htm
Chapter 952, Section 53a-64. Reckless endangerment in the second degree: Class B misdemeanor.
http://www.cga.ct.gov/2005/pub/Chap952.htm#Sec53a-64.htm
The word “dangerous” is redundant and inherently untrue in this application. The document seeks to criminalize legal behavior where illegal behavior is covered by existing state laws.
Preface Paragraph 1
1. There are no state laws regarding bows other than for hunting.
2. Contrary to the statement, any safety concerns related by this document are not for those using the devices but are supposedly for the public.
Preface Paragraph 2
1. The phrase “firing range” and the word “shooting” imply firearms but the document also addresses other devices.
2. The word “firing” is redundant and confusing.
3. There is no mention of property.
Preface Paragraph 3
No comment.
Section I
1. This section conflicts with Chapter 490, Section 26-38, Hunting by Minors, and in the case of parents supervising/instructing their children, is a violation of the second amendment and counter to reasonable use of property.
2. This provision prohibits the use of toy bows with suction cup arrows.
3. This provision bans “squirt guns” powered by air (Super Soaker type).
4. The word “rifle” is redundant to “firearm”, unless the state definitions were intended in which case the section is incomplete.
Section II
1. This section probably conflicts with Chapter 490, Section 26-48 - Private Shooting Preserves.
2. Subsections 1 and 2 require that all persons, livestock, pets and other domestic animals be kept within 500 feet of dwellings of building stands and pets.
3 Subsection 3 restricts use of private property.
4. Subsection 3 would require the posting of the lands identified to allow compliance.
5. In Subsection 3, the phrase “public highways” would ban virtually all shooting activities in the town and would probably disallow an existing range.
6. In Subsection 3, the phrase “any and all other public places” is probably unconstitutionally vague.
Section III
1. This section is contradictory as it pertains to instructors. How could a minor violate the ordinance if on a range under the supervision of an instructor?
Section IV
1. Although this section appears to guarantee constitutional rights provided by the second amendment, the language of the remainder of the document could be used to infringe on those rights as well as other rights assured the constitution and law.
2. This section fails to reference what federal, state and local laws and regulations pertain to a “qualified shooting range”
Section V
No Comment
General Comments
1. Under the terms of Section IV, a person operating under the provisions of Section I would be in violation of the ordinance (“qualified instructor” versus “certified firearms safety personnel”).
2. This ordinance is not needed, state law covers
"Reckless Endangerment", Chapter 952, Sec. 53a-63 and 53a-64
“Criminal Negligence”, Section 53-3(14)
“Unlawful Discharge of Firearms” Chapter 943, Section 53-203
“Assault with a Deadly Weapon - Third Degree” Section 53a-61 (a) (3)
“Disorderly Conduct” Chapter 952, Section 53a-182
3. The document is poorly written and is inconsistent in its terminology and word usage.
4. The ordinance does not define, nor reference definitions of, an “authorized range”, “firearm”, “qualified instructor”, or “firearms safety personnel”.
5. There is no definition of a shooting range on a state level.
Questions
Q1. What criteria does a shooting range have to meet to be “qualified”?
Q2. What are the qualifications of a “qualified instructor”?
Q3. What are the qualifications of a “certified firearms safety person”?
Q4. What is a “building stands” (Section II, Subsection 1)?
Q5. Will existing ranges be “grandfathered”?
Q6. How would the ordinance affect indoor shooting ranges or ranges on or inside private property/residences?
References
Chapter 943, Section 53-203. Unlawful discharge of firearms.
http://www.cga.ct.gov/2005/pub/Chap943.htm#Sec53-203.htm
Chapter 950, Section 53a-3(14) - Criminal Negligence
http://www.cga.ct.gov/2005/pub/Chap950.htm - Sec53a-3.htm
Chapter 950, Section 53a-3(19) – Firearm
http://www.cga.ct.gov/2005/pub/Chap950.htm - Sec53a-3.htm
Chapter 950, Section 53a-61(a)(3) - Assault with a Deadly Weapon - Third Degree
http://www.cga.ct.gov/2005/pub/Chap952.htm - Sec53a-61.htm
Chapter 952, Section 53a-63. Reckless endangerment in the first degree: Class A misdemeanor.
http://www.cga.ct.gov/2005/pub/Chap952.htm#Sec53a-63.htm
Chapter 952, Section 53a-64. Reckless endangerment in the second degree: Class B misdemeanor.
http://www.cga.ct.gov/2005/pub/Chap952.htm#Sec53a-64.htm
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