Malloy: No gun sales for people on terror watch list

On Thursday, Dec. 10, 2015, people on the international terrorist watch list were banned from being able to purchase guns in Connecticut, under a new executive order from Gov. Dannel P. Malloy. On Thursday, Dec. 10, 2015, people on the international terrorist watch list were banned from being able to purchase guns in Connecticut, under a new executive order from Gov. Dannel P. Malloy. Photo: Bob Luckey Jr. / Hearst Connecticut Media Buy photo Photo: Bob Luckey Jr. / Hearst Connecticut Media Image 1 of / 33 Caption Close Malloy: No gun sales for people on terror watch list 1 / 33 Back to Gallery

HARTFORD — The governor’s plan to ban people on terrorist watch lists from purchasing guns might be easier said than done.

Gun-rights advocates are contemplating a lawsuit in an attempt to stop such an executive order, which Gov. Dannel P. Malloy said Thursday he will issue once the White House gives him a list of thousands of names that can be added to the current State Police database.

The American Civil Liberties Union of Connecticut and a Quinnipiac University law professor warned that no-fly and terrorist watch lists often have erroneous information.

But Connecticut’s congressional delegation, rejected by Republican majorities in the U.S. House and Senate, praised Malloy’s plan to become the first state to ban those on watch lists from being able to buy firearms and ammunition. State gun-safety advocates also support the governor.

Malloy made the announcement outside his Capitol office. The executive order would also prohibit those suspected of gang affiliations. Malloy said that he’s been working closely with officials in the White House on the issue and hopes to soon have a list of names of those who could be excluded in Connecticut.

The international terrorist list includes more than a million names. There is also a so-called no-fly List with nearly 50,000.

Malloy told reporters he’s not totally sure what kind of lists will be made available to Connecticut, but he was confident that names will be provided. When he gets it, he will sign the executive decree.

“If Congress will not act, we in the states will,” Malloy said. “These are measures that will save lives. If you can’t fly without clearing government watch lists, you should not be able to buy a purchase a firearm.”

He said that according to federal statistics, people on the terrorism watch list have attempted to purchase guns more than 2,230 times and have succeeded 90 percent of the time.

He said those on watch lists who already have weapons in Connecticut may be subject to their seizure.

Guns and laws

The plan was fighting words to Scott Wilson, president of the Connecticut Citizen Defense League, a gun-rights group, who threatened a lawsuit and called it another example of Malloy’s “pattern of abuse” of legal gun owners.

“Gov. Malloy is planning to take what, in our view, is unconstitutional executive action that would prohibit firearms purchases and seize firearms of individuals who have not been indicted or convicted for any crime,” Wilson said. “His planning on denying purchases and likely seizing firearms of individuals on a list that have not been charged or convicted of any wrongdoing is antithetical to every value that this country was founded on.”

But Malloy’s announcement was immediately endorsed by U.S. Sens. Richard Blumenthal and Chris Murphy. In a joint statement from Washington, where the lawmakers met with Newtown families on Thursday, Murphy and Blumenthal said Malloy’s initiative was “clear common sense action” to make the state safer.

The third anniversary of the Sandy Hook Elementary School massacre, where 20 first-graders and six adult were shot dead, is Monday.

Josh Earnest, President Barack Obama’s spokesman, told reporters during a daily briefing that while he couldn’t speak specifically to Malloy’s contact with the White House, he wouldn’t contradict Malloy.

“I think it is fair for you to assume that the White House is actively engaged with leaders across the country, including at the state and local level, about steps they can take to protect their communities from gun violence,” Earnest said.

Ron Pinciaro, executive director of the Connecticut Against Gun Violence coalition, said Malloy’s unilateral move is necessary, lacking national legislation.

“It’s unthinkable that it didn’t happen at the national level,” Pinciaro said of the recent failure in Congress. “People are afraid. This makes perfect sense, and I hope this will lead at least other states with smart gun laws to do the same thing.”

Those rejected at the point of sale in Connecticut would be allowed to appeal to the state Board of Firearms Examiners.

Constitutional test

Since 2013, following the Sandy Hook shootings, all gun sales in the state require purchasers to have credentials, including pistol permits, for all firearms and ammunition sales.

Unlike many states, Connecticut’s State Police have their own database of those prohibited from buying guns, including those with criminal records, former mental-hospital patients and people who have been subjected to restraining orders.

Names from the terrorist watch list would be added.

“The ACLU of Connecticut has severe reservations about the reliability and constitutionality of government watch lists like the no-fly list,” said Stephen Glassman, executive director of the ACLU-CT. “While we acknowledge that the governor’s intentions are admirable, the government’s watch list system is notorious for including innocent people, and the ACLU was in court this week fighting to fix the inadequate process for people wrongly blacklisted on the no-fly list to clear their names.”

William Dunlap, a Quinnipiac University School of Law professor, said an executive order might pass a test of its constitutionality.

“While the governor’s proposal would infringe on some persons’ constitutional right to obtain firearms, the Supreme Court has said specifically that some limitations on who may obtain guns and where they may be carried are permissible,” Dunlap said.

kdixon@ctpost.com