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06/19/2018 03:30 PMThe weekend of June 9, Madison Police officers were called down to the Surf Club by residents concerned by a man openly carrying a gun on the premises. No one was injured and the man in question broke no laws, but the incident has started a conversation in town over the presence of guns on town property.
Madison Police said when officers responded to the Surf Club, the man in question was not wearing a shirt, making his handgun visible, which is legal under open carry laws in the state. Officers approach the individual; asked to see his permit, which he gave even though he was not legally required to do so; and then when asked if he would secure the gun in his car, the individual willingly and voluntarily complied, according to officers.
Officers said the incident was handled respectfully and efficiently, but the presence of a gun at the Surf Club, a place known to be swarming with kids during the summer months, set some people on edge.
The issue was brought before the Board of Police Commissioners at its regular meeting on June 14 by a small group of concerned residents hoping to see the commission take action on a policy or ordinance prohibiting the presence of guns on town property. Resident Beth Skudder asked the commission about the laws in this situation and how the town and its resident might work to ensure greater public safety in Madison’s open spaces.
“Signage and rules for town sidewalks, parks, and beaches already show the high value placed on public safety in Madison and regulate balls, Frisbees, bicycles, skateboards, fires, flotation devices, fishing areas, driving speeds, and most recently added, smoking,” Skudder said. “All of these ask those present to put aside their own preferences and desires for the common good, so everyone can be safe and comfortable in order to relax and enjoy our beautiful town. Guns present an imminent safety threat, to a much greater degree than many or all items already listed, and should be included as items prohibited from town parks and beaches.”
Commissioners said, regardless of their own personal beliefs on the issue, the commission does not have the authority to set ordinances or policies.
Police Chief Jack Drumm offered some insight into the law and told those in the audience interested in this issue that this conversation needs to go before the Board of Selectmen (BOS).
“I would recommend that you say you spoke to the police chief and you ask the BOS, in their authority over the recreation in the town and its parks, that they consider a posted policy or ordinance to prohibit weapons in recreation areas,” he said. “That would be my suggestion and you can quote me.”
Drumm said there is no law or policy that prohibits open carry at the Surf Club at this time. He said the town has to be careful on this issue and make sure it doesn’t enact a policy that contradicts state or federal law and could land the town in court, but said he can see that this issue is a conversation worth having.
“These are interesting times and I understand what you are saying and I feel for you because we as law enforcement officers we approach people all the time who are carrying firearms, legally most of the time, and hopefully they are not going to use it against us, but it’s a challenge,” he said.
Drumm said that Connecticut chiefs of police backed legislation to give police the ability to ask persons openly carrying a gun to present their permit, but “It failed in the legislature. I just wanted you to see where we are coming from.”
Residents in the audience thanked Drumm for his input and then asked the commission to instead consider sending a recommendation to the BOS asking it to take a look at this issue. Some commissioners expressed concern that doing so would exceed the commission’s authority, but Selectman Al Goldberg, who serves as the liaison to the commission, said he didn’t believe a recommendation would be inappropriate.
“It’s up to the public,” he said. “If the town were to consider an ordinance, the job of the selectmen is to frame the ordinance, but it’s the job of the public to come out to public hearings and speak their minds about the merits of an ordinance. This is really not about a board of police commissioners making a decision or five members of the BOS making a decision, its really public discussion.”
Goldberg said the town attorney could advise the BOS on what could or could not be done and said everyone is going to have to learn a little bit more about this part of the law as the conversation continues. Goldberg said some towns in the state, including Guilford, have policies banning the presence of guns on town property.
“I think as a community we can begin to learn about these things,” he said. “This is a public safety issue in my opinion that affects all of the residents of this town and I think as far as this commission is concerned it’s a safety issue for the police officers as well.”
The commission ultimately decided while it is not the forum for a full debate, the commission voted unanimously to recommend the BOS take a look at this issue.
“No matter where someone may fall on this issue—and we are not getting into national politics here—but wherever someone falls on this issue, I think there is a need to clarify and identify the public interest in this matter,” said Commission Chair Ed Dowling. “One of the ways we might do that as a commission is consider a motion from the police commission to the BOS asking them to consider and take whatever action is necessary to review, define, establish clear parameters pertaining to the possession or use of firearms within the town’s parks, properties, and recreational areas. We are not trying to preempt what the elected officials role is in establishing ordinances, but we are reflecting the fact that doing nothing is not necessarily reflecting the comments we have heard at this commission meeting.”