The Ordinance Committee of the Norwalk Common Council will meet Tuesday, November 17 at 7:00pm via Zoom to vote on amending a city ordinance on explosives.
Chapter 38 of the City Code on explosives may need an update. The Rifle & Skeet Range Commission, for instance, doesn’t seem to exist. Article 4 is left blank on purpose–in case the need arises to deprive lawful gun owners of their right to carry their firearms. Though we think of the permit as “concealed carry,” in truth anyone with a permit may open carry as well. In practice, almost no one does. Why remove the element of surprise?
During the last meeting of the Ordinance Committee on October 20th, several councilpersons expressed concerns over the vagueness of the language, the constitutionality of the proposed changes to Chapter 38, and possible safety concerns created when lawful gun owners are forced to leave weapons inside their cars because they’re no longer permitted to carry them, despite having passed rigorous state requirements to obtain open carry permits.
I have a pistol permit. I’m legally licensed, not necessarily saying that I want to carry a firearm into City Hall, nor would I, but there are times where I’m transporting… as a legally armed citizen, the concern is if I’m going between these events and going back to my point about out-of-towners, I’d almost rather them have control of their firearm as opposed to having it unsupervised in a vehicle because, you know, we made a parking lot inaccessible to them.
Council President Nick Sacchinelli
Open Season on 2A
The antecedent to this conversation about expanding the places lawful gun owners can no longer carry their weapons was the Mayor’s moratorium on duck hunting at Vet’s Park and Calf Pasture Beach enacted last year. Unlike an ordinance, a moratorium doesn’t need to be enshrined in the City code.
The temporary moratorium was granted last May, after Duff’s attempt at legislating his way to a ban failed. Norwalk Police Chief Thomas Kulhawik wrote to the State Department of Energy and Environmental Protection for help, possibly at the urging of Duff. And Deep Commissioner Katie Dykes approved the temporary moratorium. The moratorium banned waterfowl hunting in places historically known in Norwalk for waterfowl hunting, and the motive behind the ban seems to have been not any real threat of physical harm to people but more likely political expediency and appeasement of the woke. At the time, State Rep. Lucy Dathan (D-142) claimed the ban was necessary to avoid “frightening people” and mass hysteria in the era of mass shootings. In other words, the push for the ban was an appeal to the emotions of voters, not to their reason.
Carpe Diem!
In his letter to Commissioner Dykes, Chief Kulhawik wrote that he believed it “to be a safety issue to allow hunting in such close proximity to beach goers and children.” Kulhawik was appointed chief in 2012. At no time prior to the spring of 2019 did Chief Kulhawik express concerns about the safety of “beach goers and children” at CPB related to waterfowl hunting. Waterfowl hunting season begins in mid-September, after the children have returned to school and the beaches are relatively quiet. Tom Keegan (R District D) asked Chief Kulhawik at the October 20 Ordinance Committee meeting whether or not the NPD was receiving a lot of complaints, and Kulhawik replied that they did not and that most hunters are following the rules.
If Kulhawik’s statements on October 20th accurately reflect his opinion today about the relative safety of hunting at CPB, and given the fact that Kulhawik never stepped forward to express his concerns the entire seven years he served as Norwalk Police Chief prior to 2019, then what motivated him to write the letter last May to Commissioner Dykes asking for the moratorium?
There is no evidence Mayor Rilling ever considered hunting at Calf Pasture a safety issue during his seventeen year tenure as Chief of the NPD. Google “Harry Rilling” and “hunting” and the best you come up with is the October 2016 death of an infant under his daughter’s care at a Hunters Lane home co-owned by the Mayor and Christine Rilling Limone.
https://wordpress.com/post/angrytaxpayernorwalk.com/1066
So why in May of 2019 did Chief Kulhawik feel compelled to address the issue with state DEEP and push for a moratorium? More important, why now does the Chief seem a little tepid about enshrining the ban into the code and expanding the ban to include all city property?
For starters, in May of 2019, the Chief and Bob Duff were in year seven of a seemingly harmonious relationship filled with glad handing and photo ops. Duff had sought and received the NPD’s endorsement four times. All that changed last summer with the General Assembly’s passage of the Police Accountability bill. Whatever amity existed between the two men prior to last summer may have cooled with the change of seasons and Duff’s belated retelling of having narrowly dodged racist law enforcement saliva at the station house in July.
The Police Chief has the best poker face in public sector Norwalk. And that’s no mean feat. Forty-four city employees just took early retirement. Some, maybe many, were unhappy in their work. Most managed to keep their angst about an allegedly toxic work environment to themselves, though one new retiree confessed there were “a lot of chiefs” at City Hall.
Whether Chief Kulhawik believes a continued ban on waterfowl hunting at Calf Pasture and other public parks is necessary to the public welfare is a mystery. We know there aren’t many complaints, and those they do get are mostly related to people who aren’t comfortable with the noise, who don’t understand, who are afraid–not from people who have been physically threatened, and not from anyone who’s had a close call at any of these places.
Ordinance Commission Chair Lisa Shanahan, however, seems to think expanding the ban to include forbidding legally owned firearms on all City owned property is simply a matter of “closing the loop.” Said Shanahan, “well, if we’re going to address the hunting part, we ought to also consider whether or not we really think that we ought to be allowing people to bring guns on our city properties, leased premises or parks.’” This despite the Chief’s contention that literally no one is complaining about persons with legally permitted weapons on city property.
Given Ms. Shanahan’s vigorous defense of her McClutchy vote last summer (“I spent 20 hours preparing…and read the entire LDA…..”), we should expect her to engage in more of the same appeals to objective, non-conflicted outsiders like fellow District E Councilperson Tom Livingston, and Corporation Council Mario Coppola, who never met a lawsuit he wasn’t willing to get behind or in front of. In other words, Ms. Shanahan has indicated that her due dilligence leans heavily on the advice of connected insiders, not necessarily on the opinions of her consituents, and certainly not on the opinions expressed on these pages.
Ms. Shanahan may not know this, but it bears repeating that any new regulation carries the potential for legal challenges, as Attorney Brian Candela noted.
A person with a pistol permit is generally allowed to carry such weapon into a building or premises unless the owner prohibits such conduct. Could somebody file a lawsuit? Yes.
Brian Candela
Legal challenges are always predicated upon regulations. The more regulations we have, the likelier we are to find ourselves in court.
In Other Words, We Might Get Sued.
And the Connecticut Citizens Defense League may be the ones to do it. Last week the CCDL issued an alert on Reddit. According to sources, that subreddit thread has since been taken down or at least hidden from the timeline. Portions of the thread can be found here.
CCDL President Holly Sullivan said in a statement, “there is no evidence that banning firearms on town property reduces any crimes nor has any impact on public safety. Law abiding gun owners are already conscientious members of our communities. They are not ‘random people,’ but individuals that have been approved to carry a firearm in public places by the Norwalk Chief of Police after having completed a series of steps required by Norwalk and the state of Connecticut. This ban only inhibits upstanding citizens from exercising their means of self defense. We encourage our members to speak up and question the true need for such an ordinance.”
This ban only inhibits upstanding citizens from exercising their means of self defense.
Holly Sullivan, President CCDL
What To Do?
Make no mistake. It’s a bad idea to expand language of Chapter 38 of the code to forever prohibit waterfowl hunting on the City’s public parks, and to further prohibit lawful gun owners with open carry permits from carrying their firearms whenever they are on any city property. When Ms. Shanahan expressed that her understanding of the enforcement piece of this would not result in any criminal charges, she was quickly corrected by Chief Kulhawik. Though the intent of the police may not be to press charges, violation of the ordinance would be a crime, according to the Chief.
“There would be a criminal penalty. We could make an arrest, it would violate the permit statute….But again, depending on the circumstances, our first step would not necessarily be to arrest the individual. …I wouldn’t expect that someone, you know, who simply made an error and was cooperative would be arrested for it.” Unless it was someone we didn’t like.
Clearly, this is another solution in search of a problem. Chapter 38 may need to be refined and expanded. The Family Courthouse is at City Hall, so the prohibition of firearms there is understandable. But the current draft is so broad, according to Council President Sacchinelli, that the City may be teeing itself up for needless arrests and lawsuits.
A Final Word About Jeffrey Toobin
Kadeem “Politician” Roberts is new to the Council, so he should be forgiven a minor indiscretion during this Zoom meeting. As Jeffrey Toobin recently demonstrated, multi-tasking during a work meeting–even a vitural one–can be a “bad look.” Kadeem, take note!
https://us02web.zoom.us/j/82873798981?pwd=aXh5Y2dCb3JtSVNuellRUU54dTYzQT09#success
Follow the link above to participate in Tuesday’s Ordinance Committee meeting. Write to the Common Council (commoncouncil3@norwalkct.org) and Ordinance Chair Lisa Shanahan (lshanahan@norwalkct.org) to share your opinion or ask questions.