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