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The 154 people who signed a petition asking the town to restrict the placement of gun shops in Branford did not show up at a public hearing Thursday. The majority of about two dozen attendees voiced their support for the new gun shop in the Town Center and their opposition to a restrictive ordinance.
“What bothers me, is we’re on a slippery slope,” said Branford resident Joe Giordano. He said that 154 signatures out of the town’s 30,000 population is far from being a majority. “This is America,” he said.
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Giordano, 67 (pictured), said he’s had a permit to carry a concealed weapon since he was 21. “I had to go to a different town to buy a gun to protect myself,” he said in regard to a gun he purchased years ago.
He said an ordinance restricting gun shops from being located near schools is not needed because shop owners would not sell guns to kids. “I would rather see you keep beer joints and package shops away from kids,” Giordano said. Giordano first made his thoughts known at a meeting sponsored by the Board of Education Chair Frank Carrano that drew far more many people. Click here to read the story.
The hearing Thursday was conducted by an ad hoc committee of the Representative Town Meeting (RTM), which is investigating the possibility of an ordinance to regulate the placement of gun shops. A second hearing will be held Saturday at 10 a.m. at the Fire Headquarters community room.
The issue began shortly after a gun shop announced it would be opening at l156 Main St. near the Town Green. The shop, originally to be called The Gun Stock elicited little public reaction until a 20-year-old Sandy Hook man named Adam Lanza opened fire inside the Sandy Hook Elementary School, gunning down 20 children and six educators. Soon after, the gun shop owners changed their store’s name to TGS Outdoors.
Following the Newtown tragedy, the public outcry against a gun shop in the Town Center reached the desk of First Selectman Anthony “Unk” DaRos. After he received numerous phone calls and the petition, he requested that RTM consider an ordinance restricting the placement of future gun shops. DaRos, who made the announcement during a Board of Selectmen’s meeting, said an ordinance could prohibit gun shops being placed near schools, parks and playgrounds. He said it could have restrictions similar to the RTM’s ordinance regarding Adult-Oriented Businesses.
“It’s not to stop those businesses, it’s to locate them in a more appropriate area,” DaRos said during a previous meeting. He said any new ordinance would not affect the gun shop that recently opened on Main Street, since it has located there prior to the ordinance and would be “grandfathered in.”
GUN SHOP OWNERS SPEAK
“I guess we’re the guys that kind of started this,” said Mike Higgins, one of the gun shop owners, as he addressed the public hearing Thursday. He said an ordinance restricting gun shops would hamper businesses in general. “The town center belongs to all of us,” he said.
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Higgins (pictured) said the gun shop poses no threat to public safety or health. He noted there are two ice cream shops in the town center. The calories in ice cream could be considered unhealthy, he argued.
Brian Owens, the co-owner of TGI Outdoors, also spoke. (See top photo.) “We go out of our way to make sure everything we do is 100 percent,” in line with state, federal and local regulations. “It’s according to the full letter of the law,” he said.
Owens talked about the 18 years he worked at North Cove Outfitters, which recently closed after 23 years on Main Street in Old Saybrook. “We never had an incident,” he said.
Owens said he realizes an ordinance would not pertain to their shop, but said it would be a shame if another gun store could not open in town if he and his partner would move or retire. He said the number of people requesting the ordinance is small. “A petition of 154 names is nothing,” he said.
Click here to read an earlier story on the gun shop.
The new store sells guns and equipment for shooting sports, archery equipment, binoculars and scopes, knives, and hand-made axes from Sweden. The owner of the building where the business is located is Higgins’ father-in-law, Robert G. Bartner, whose daughter ran Arabella, a clothing store, at the same address for years.
Higgins and Owens also attended a planning session of the RTM ad hoc committee last month and urged the committee to visit the shop. “You should take a look and see what you are deciding on. People who shop here are everyday folks.” The committee members did visit.
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The Eagle also visited the store this week to ask Higgins how things were going. He said business is brisk and inventory is running low. He said customers are coming from all over the state. The interior of the store has a “field and stream” look to it, emphasizing the outdoors aspect of the shop. The front window follows a sports theme with no indication that hunting rifles and pistols are on sale inside.
LEGAL ISSUES
The Ad Hoc Firearms Committee held its first meeting in February. The meeting was organizational in nature as the members sought guidance from Town Counsel William T. Clendenen Jr. He advised them on the legal issues the committee faces in moving toward a new ordinance, if it believes the town should have one. Ultimately the full 30-member RTM will decide the issue.
Marcia Chambers Photo
In February Clendenen (pictured) told the committee that it needed to hear all sides of the issue and he stressed the need to decide upon a new ordinance based on the issues of public safety and public health. “The public needs to be invited in to provide their views so that the committee knows what is important to the residents of Branford.”
Clendenen said if the RTM believes an ordinance is warranted, it is important to craft “narrow legislation” that fulfills the nature of public health and safety concerns, if voiced. The idea is not to leave the town open to future litigation based on irrelevant issues or a one-side position.
“The basic concern for the RTM is the potential of danger for citizens and their health. But getting there requires a legislative record showing the concerns of residents. Without it, said Clendenen, “it is much harder to defend.”
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RTM member Peter Black is the only attorney on the sub-committee. The other members include chair Adam Hansen, Ray Ingraham, and Yvette Larrieu, chair of the RTM’s Ways and Means committee.
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Prior to Thursday’s public hearing, Hansen (pictured) gave a brief history of how the issue started and he asked people to limit their comments to the task at hand. He said each person would have five minutes to speak, and he asked them to be respectful. “This is not a debate….this is a public hearing,” Hansen said, adding, “This is not a conversation about state and federal issues.” Those wishing to speak were required to state their names and addresses. People were also asked to sign in if they wished to speak.
HEALTH OR SAFETY ISSUES??
Most of the 20 people who spoke Thursday said they support the gun shop in the Town Center and they see no need for an ordinance.
“I don’t think there’s any public threat to anyone having this shop in town,” said Wayne Mingle.
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Cynthia Frawley, (pictured)who described herself as a single mother who wanted to be able to defend her home and family, said she supports the new shop. “They have bent over backwards to be a good neighbor. Now it’s our turn,” she said.
“The free market will dictate whether or not we need this shop in town,” said Steven O’Neill, adding he saw no public safety issues.
Marcia Chambers Photo
One person who has been outspoken about the need for an ordinance was out of town and could not attend the meeting. Moshe Gai (pictured at last month’s meeting) sent a letter to the committee outlining his opinions.
“Rules and ordinance are not a matter of popularity contest nor do they require the approval of a majority of citizens. The RTM legislates rules and ordinance in order to protect the citizens whether they want it or not,” Gai wrote. He said the sale of firearms “is an inherently unsafe business.” He asked the RTM to establish an ordinance for “the safety of the citizens” especially if gun shops would be located near schools and churches.
Wesley R Myers, a teacher and veteran, addressed the committee at the hearing. “I don’t see any negative impact on the health or safety of the community,” he said as he spoke about the camaraderie among sportsmen. “Firearms are tools. This is a tool shop”.
Jacey Wyatt, who has announced her candidacy for First Selectman, said the ordinance would “open up a can of worms” and is unnecessary.
Marcia Chambers contributed reporting for this story
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The RTM, the legislative branch of the town government, is empowered by law to pass rules and ordinance that are intended to:
"Protect and preserve the health, safety, general wellfare and property values in the Town of Branford".
The internet is flooded with stories of frequent accidents in gun shops across the country where innocent by standers were wounded or even killed. Just two days after the Newton Massacre two citizen were wounded and one was killed in two separate incidents involving the purchase of guns in two different locations in this country.
The safety of the citizens of Branford requires the RTM to consider an ordinance to regulate the sell of firearms.
A gun shop next to a school (perhaps even a church) is a major issue pertaining to the wellfare of our town and it requires the RTM to pass an ordinance to regulate the sell of firearms.
Regulating the sell of firearms does not violate in any way the second amendment rights of the gun owner or patrons. This is very similar to the case of regulating a "strip club" that according to a supreme court decision in 1981 is protected by the first amendment rights. Yet the courts permit our town to regulate "strip clubs" (and Branford have been doing it since April 1998) even when the "strip club" owner and patrons are protected by the most elementary constitutional right of the "freedom of speech".
Regulating an inherently dangerous occupation of selling an buying firearms by no means restricts or deny the rights of the owner or the patrons. Nor will it deter business from our town.
The safety and wellfare of the town requires the RTM to consider and if appropriate approve an ordinance for the sell of firearms. But such an ordinance must be well researched and anchored in the well founded legislative process of our democracy.
Thus Spake Moshe Gai