Rachel Baird and Associate

 News

  • The Connecticut Bar Association And The Brady Center As Joint Amici Curiae In Shew v. Malloy

    A July 9th article in The Connecticut Law Tribune reported a proposal by The Connecticut Bar Association's Human Rights and Responsibility Section to join as an amicus curiae in a brief to be filed by "advocates interested in preventing gun violence, led by the Brady Center [to Prevent Gun Violence]" in the Shew v. Malloy case pending before the United States Court of Appeals for the Second Circuit.

    In a July 15th letter to CBA President Mark A. Dubois, Attorney Baird asked the CBA to consider as a threshold issue whether the CBA ethically should support one party over another in an appeal from a judicial decision written by one of its members, The Honorable Alfred V. Covello. As stated by Attorney Baird to CBA President Dubois:

    Already, in predicting that the Connecticut gun law will stand on its merits, you commented on Judge Covello's decision as "well reasoned and followed the law" without acknowledging the association between the CBA and the judge. While you characterize as threshold the issue of whether the CBA should "get involved in matters that are social or political" or define itself as "a professional organization only concerned with matters affecting the practice of law," absent is a consideration of the consequence for a judge as well as the case when a voluntary association in which Judge Covello lists himself as a member files a brief, on the entire membership's behalf, supporting the side in whose favor the judge ruled. This scenario, which conjures the true threshold question, points to the only answer for the CBA: Forgo filing or joining as an amicus curiae in briefs that create conflicts for CBA members and jeopardize cases.

    Subsequent to Attorney Baird's July 15th letter, Connecticut Carry, Inc. President Rich Burgess discovered that the CBA had taken a position in March 2013 in support of the new gun laws prior to the filing date in Shew v. Malloy and Judge Covello's assignment to the case. 

    Despite these concerns, the CBA's House of Delegates voted 34-15 on July 21st to join The Brady Center as an amicus curiae asking the United States Court of Appeals for the Second Circuit to affirm the decision by Judge Covello in Shew v. Malloy.

    March 12, 2013, Letter from the Connecticut Bar Association to Governor Dannel P. Malloy and State Legislators Supporting the New Gun Laws 

    May 22, 2013, The Honorable Alfred V. Covello assigned as federal court judge in Shew v. Malloy

    January 31, 2014, Judgment Entered by The Honorable Alfred V. Covello in favor of the State of Connecticut Defendants

    July 9, 2014, Connecticut Law Tribune Article

    July 15, 2014, Letter from Attorney Baird to CBA President Dubois

    July 22, 2014, Connecticut Law Tribune Article

     

     

    Posted: 7/14/2014

  • Attorney Baird Comments in FOX NEWS Associated Press Article on Firearms Seizure Warrants

    In the FOX NEWS July 6, 2014-Associated Press article, "States look to gun seizure law after mass killings,"  Attorney Baird, Richard Burgess of Connecticut Carry, South Windsor Police Chief Matthew Reed, and Undersecretary Michael Lawlor comment on the example the Connecticut Risk Warrant statute presents for other states to follow.

    "Rachel Baird, a Connecticut lawyer who has represented many gun owners, said one of the biggest problems with the state's law is that police are abusing it. She said she has had eight clients whose guns were siezed by police who obtained the required warrants after taking possession of the guns.

    'It's stretched and abused and since it's firearms, the courts go along with it,' Baird said of the law."

     

     

     

    Posted: 7/7/2014

  • "Assault Weapons" Petition for Declaratory Rulings Filed on March 25, 2014

    A Petition filed on behalf of Connecticut Carry asks the Commissioner of the Department of Emergency Services and Public Protection (DESPP) to rule on two issues affecting firearms owners. The Petition for Declaratory Rulings asks the Commissioner for rulings to declare:

    (1) The act of modifying a lawfully possessed assault weapon by adding features or changing characteristics is lawful and therefore not subject to criminal liability.

    (2) The laws passed in No. 13-220 of the 2013 Public Acts (P.A. 13-220) on June 18, 2013, retroactively legalized firearms that had been defined since passage of No. 01-130 of the 2001 Public Acts (P.A. 01-130) on June 28, 2001, as assault weapons subject to a prohibition on possession.

    According to the Uniform Administrative Procedures Act (UAPA), the DESPP, as the agency served the Petition for Declaratory Rulings, shall give notice within thirty days after receipt of the Petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the Petition.

    If the agency (DESPP) finds that a timely petition to become a party or to intervene has been filed according to agency regulations, the agency then: (1) May grant a person status as a party if the agency finds that the petition states facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency proceeding; and (2) may grant a person status as an intervenor if the agency finds that the petition states facts demonstrating that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.

    Within sixty days after receipt of the Petition , the agency (DESPP) shall: (1) Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified circumstances, (2) order the matter set for specified proceedings, (3) agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory ruling and initiate regulation-making proceedings, under section 4-168, on the subject, or (5) decide not to issue a declaratory ruling, stating the reasons for its action.

    For more information about the UAPA as it applies to a Petition for Declaratory Rulings see General Statutes § 4-176.

    Posted: 3/27/2014

  • Press Release: Mack, Krauser, Peruta, Baird, Burgess and Korwin on New Episode of Talking Guns Radio 3/23/2014

    PRESS RELEASE
    Mack, Krauser, Peruta, Baird, Burgess and Korwin on New Episode of Talking Guns Radio 3/23/2014
    Talking Guns Radio and Kate Krueger will be joined Sunday 3/23/2014 by a group of great Americans and patriots starting with Sheriff Richard Mack former Graham County Sheriff and speaker, Shane Krauser radio show host and founder American Academy for Constitutional Education (AAFCE), Ed Peruta of Connecticut Gun Rights , Rachel M. Baird, CT Attorney , Rich Burgess, Pres. Connecticut Carry Inc. and Alan Korwin author and speaker. This is stacked up to be a very powerful show.
    Tune in to Kate Krueger Talking Guns at www.kktgradio.com and click on the microphone to listen live on Sunday’s at her new time 10AM-Noon AZ Time or visit anytime to download the archives. For those with Smart Phones go to your podcast app search for Kate Krueger Talking Guns and subscribe.
    About Kate Krueger:
    Kate Krueger, Talking Guns host, firearms instructor, competitor, writer and patriot has been featured in National Review, Politico, Shooting Industry, Outdoor Channel and numerous publications, served as a panel member at NSSF Shot Show 2014 “Marketing to Women” and speaks locally to groups like the Oath Keepers. Today she brings all that passion and skill together for you with Talking Guns!!! 

    Press Release Courtesy of ArizonaShooting.com.

    Posted: 3/17/2014

  • Forecast 2014: Gun Owners Worry About Enforcement Of Laws

    The Connecticut Law Tribune asked Attorney Baird at the end of 2013 to submit a commentary on her forecast for the year ahead for gun owners in Connecticut. An excerpt from the commentary addresses the deficiencies at the state police Special Licensing and Firearms Unit, the agency tasked with implementing and administering the new laws related to firearms in Connecticut:

    "The chaos in the Firearms Unit will become even more apparent after Jan. 1, 2014, and doubtless be attributed by apologists to the burdens placed upon State Police in implementing complex new laws. But the new statutes have simply exposed what any attorney with a firearms practice in Connecticut has known for years: the Firearms Unit does not know the law, and holds local police departments, the legislature, courts, and ultimately firearms owners at its mercy because few have the courage and confidence in their own knowledge of the law to question State Police about firearms matters."

    Read more from the December 27, 2013, commentary by Attorney Baird at http://www.ctlawtribune.com/id=1202635142961/Forecast-2014%3A-Gun-Owners-Worry-About-Enforcement-Of-Laws#ixzz2wFtaScrn

     

    Posted: 3/17/2014

  • Gun Owners of America Executive Director Larry Pratt Interviews Ed Peruta

    Ed Peruta is interviewed by Gun Owners of America Executive Director Larry Pratt at this Connecticut Carry link and this Patriot Gun Shop link.

    Posted: 3/16/2014

  • Congratulations to Our Legal Investigator Ed Peruta

    In 2009 our legal investigator Ed Peruta applied to the San Diego County Sheriff's Department for a permit to carry a concealed handgun in public. The County denied Ed's application for lack of "good cause." Ed retained San Diego attorney Paul Neuharth, Jr. and filed a federal lawsuit but the trial court ruled in favor of the County and Ed lost. With the support of the National Rifle Association and the Long Beach law firm of C.D.Michel & Associates Ed's case was appealed to the Ninth Circuit Court of Appeals. In the February 13, 2014, Peruta v. San Diego decision the Court of Appeals ruled in favor of Ed and his claim that the right to carry outside the home is protected by the Second Amendment.C.D.Michel & Associates and the Court of Appeals continue to provide updates to Ed's case as the State of California, after remaining silent on the issue for more than four years while Ed's case was pending, is now attempting to intervene to reverse the decision.

    Posted: 3/11/2014

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