HARTFORD, Conn. — A federal appeals court overturned a lower court decision last week that upheld Connecticut’s law banning guns in state parks.
The ruling does not mean guns are all of a sudden legal under state law in state parks, but it does reopen the issue for future debate and litigation.
“The second circuit agreed with us,” said Attorney Cameron Atkinson, who is representing David Nastri, a Cheshire resident who filed the original lawsuit.
Nastri and Atkinson claimed the state law violates the 2nd and 14th amendments.
“No doubt in my mind that there’s no historical support for this law and it should be declared unconstitutional,” said Atkinson.
In a nine-page summary judgment, the court said, “We have considered the State’s arguments and find them to be without merit.”
Some people in parks said they would not feel comfortable around a firearm.
“I don’t think there’s any good reason to have a gun in a park. I just think it’s a potential accident waiting to happen. We take our kids and grandkids here and I don’t want to have a gun around,” remarked Peter Vignati of Bloomfield.
The State Department of Energy and Environmental Protection argued the law is old and officials don’t enforce it. On March 19th, however, DEEP confirmed it responded to Sleeping Giant State Park in Hamden for “a report that an individual brandished a weapon.”
Atkinson said, “We're asking the courts to give us the right back to protect ourselves in state parks.”
But Yariel Hidalgo, who walks in parks all the time, said, “There’s other ways to protect yourself and if you feel you are ever in danger you can always make a plan for yourself."
Despite parts of the ban dating back to 1918, the entire statute was enacted in 1993 and most recently amended in 2017.
“It’s hard to see how that would make it so outdated as to suggest the State is no longer enforcing it,” said the court.
DEEP Director of Communications Will Healy said, "In this most recent Nastri ruling, the federal appeals court applied a recent rule to conclude that the plaintiff can continue on with his litigation. That decision does not go to the merits of his lawsuit. DEEP remains confident that we will prevail, and we will continue protecting all those who use Connecticut's wonderful state parks."
Despite the law banning guns from state parks for personal defense purposes, DEEP does allow certain weapons to be used for hunting certain game during certain seasons at certain state parks. More information about hunting at Connecticut State Parks can be found here.
Matt Caron is a reporter at FOX61 News. He can be reached at mcaron@fox61.com. Follow him on Facebook, X and Instagram.
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