Recovering Gun Store Commando. My Blog: The Clue Meter
“It doesn’t matter what the problem is, the solution is always for us to give the government more money and power, while we eat less meat.”
Glenn Reynolds
While I am not admitted in CT and this is not my practice area, I doubt that going as far as getting arrested would be necessary. It is possible that Mitchell will correct me on this, but my understanding is that an allegation by the teacher that he is licensed to carry a gun, that his second amendment rights are being violated by current law, and that he intends to carry a gun to protect the students in his care but fears arrest if he does so, would be sufficient to give the court jurisdiction to hear the case.
And it's not like putting the issue in front of the courts would be in our interest anyway.
Given the current Supreme Court situation, I completely agree.
If we still had a 5-4 majority, I think we would still be a couple of cases away from being able to push a decision like this one all the way to the Supreme Court and expect it to take the case, and rule in our favor. I would at least want to see strict scrutiny applied to second amendment cases, a ruling that carrying in public falls under that right, and a ruling that carrying while in other states falls under that right. Only then would I counsel pushing an issue like this one.
Both paths - civil and criminal - can get your situation in front of the highest court. But the stakes with the criminal path are not only more severe, you will likely spend your time waiting on a decision away from loved ones in a small concrete cell wearing an orange jumpsuit. I'll let someone else choose that route.
I think the issue becomes that most ( if not all) teachers attend an orientation session when they are newly hired or even the beginning of the new year and they go over and sign some sort of rules and regulations agreement. Most of which indicate or prohibit the carrying of firearms anywhere on school property. If nothing else he's most likely out of a career. I can understand his side/need to carry but this school system of all is going to be the least lenient or gun friendly. EVERY municipal job I've held has come with a day-long session of filling out paperwork all included a no firearms policy, I can't imagine Newtown is any different.
Look! Just because we're bereaved, that doesn't make us saps!
I'm not representing him however, if one wanted to challenge a law's constitutionality, they can do so via a petition for a declaratory judgment with doesn't subject one to criminal penalties.