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Question about previous record and pistol permit application

davidmcbeth

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Perhaps he can answer the ?s with : I don't maintain nor am required to maintain such records; additionally, I am able to own handguns in the state.
 

KIX

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Just relaying what I've witnessed more than once.

Never saw a lawsuit beyond that. Also, keep in mind, the Chairman of the Board of the BFPE is also a lead (I think, he does a lot of the heavy state murder cases) prosecutor. Given his experience, I wonder if there is some precedent he's working off of.

Also, remember, Even if Brian worked in the legal system, there is a pretty large difference between criminal and civil courts and law. These are civil administrative hearings at the BFPE.

Jonathan
 

brk913

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there is a pretty large difference between criminal and civil courts and law. These are civil administrative hearings at the BFPE.
Jonathan

It does not matter what it is for, if it has been erased the information is non disclosable by CT law. This is the same situation I saw when Goldberg had to wait for his hearing to get his permit back, It was "revoked" for an arrest that was dismissed, the DPS knew they could not mention the arrest even thought they clearly knew about the incident and gave him back his permit the day of the hearing. I think it was Ed who wrote about this quandry the DPS was having about what to do knowing if they sent a representative in and the arrest was mentioned the person would be violating CT law....
 

KIX

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If that's the case, then absolutely NOTHING was learned then. The practice still continues.

Jonathan
 

brk913

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If that's the case, then absolutely NOTHING was learned then. The practice still continues.

Jonathan

It's a shame the person(s) did not hold the "reporting person" accountable for their illegal notifications. They should have objected during the hearing and quoted the erasure statute. They could also file a civil suit agaist the person who relayed the info and the department they work for.
 

Rich B

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It's a shame the person(s) did not hold the "reporting person" accountable for their illegal notifications. They should have objected during the hearing and quoted the erasure statute. They could also file a civil suit agaist the person who relayed the info and the department they work for.

And that is what the organizations in this state are supposed to be for; telling people what their rights are and helping them make a stand when they want.
 

Mrbowtie26

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Just an update for all. I decided to go and pull my state criminal record so I am as accurate as possible. Unfortunatly it cost me $50 to do this and I have to wait 10 business days to get it. I have not gotten it yet but have found out some info on the previous issues I have had by speaking to a nice woman from the waterbury court house.To clarify I am applying for a permit in West Haven. My previous issues have been a fight in Waterbury from what I was told by Wtby police was nallied back in 95. It was considered criminal mischef and breach of peace. Another issue was reckless driving which, along with a few other charges. That was charged by the state police. Someone from waterbury court I had on the phone told me the reckless driving was dismissed but I know I lost my liscense for 3 months so I dont know if the reckless was dismissed and I lost it for another of the charges for that incident. now if I claim I got arrested for the breach of peace and criminal mishcef on the application that may cause me to get rejected by west haven. now if I don't claim it then the F.B.I. check will find it I assume so I'm really not sure what to do. Should I lie just to try to get by for the temporary permit or ? oh and I did have a conviction on record according to Waterbury court house which was a speeding ticket. I assume I have to disclose that ?
I will update this when I get my full record from the state police to ask for more advice.
Thanks
Ron H.
 

Rich B

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First rule: Don't lie.
Second rule: Don't disclose anything unnecessary.

If your case was nollied and it has been years, you do not need to disclose. If your case was dismissed, you need not disclose.

I would call back to the courthouse and ask for a printed disposition on the charge.
Also, wait until you get your background check and see what it shows. Disclose only what is necessary.

None of your charges are disqualifiers, so there is no need to worry either way. Just play it cool and be patient.
 

Mrbowtie26

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First rule: Don't lie.
Second rule: Don't disclose anything unnecessary.

If your case was nollied and it has been years, you do not need to disclose. If your case was dismissed, you need not disclose.

I would call back to the courthouse and ask for a printed disposition on the charge.
Also, wait until you get your background check and see what it shows. Disclose only what is necessary.

None of your charges are disqualifiers, so there is no need to worry either way. Just play it cool and be patient.

Ok thank you. I'll post when I have the state record
 

davidmcbeth

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Answer the history question with the following, or alternate responses:

1) I do not maintain these records and therefore would refer the requester to seek out this information from other parties; there is no requirement under the law for me to retain such records and I do not. Nor is it feasible to obtain such records.

or

2) none of your business; I am legally able to own a handgun and own at least one. This query is irrelevant and is, therefore, expressly prohibited per CGS Chapter 54.

or

File an objection to the request for the information prior to submitting the board's stupid paperwork.
 

KIX

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And that is what the organizations in this state are supposed to be for; telling people what their rights are and helping them make a stand when they want.

How do you do this in this case at the BFPE?

Officer starts testimony.
Appellant (or attorney) objects.
Chairman of the board over rules that objection and the hearing continues.

This is how it has happened.

Again, the board states they can't look at erased records, but they can testify what they recall from memory.

So, how does any organizations assist at this point?

Jonathan
 

davidmcbeth

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How do you do this in this case at the BFPE?

Officer starts testimony.
Appellant (or attorney) objects.
Chairman of the board over rules that objection and the hearing continues.

This is how it has happened.

Again, the board states they can't look at erased records, but they can testify what they recall from memory.

So, how does any organizations assist at this point?

Jonathan

Vocalizing objections to get ruled on is proper, expected, and wise. Now you have it on the record for a reviewing court to rule upon, if needed.

Its a question of law that should be reviewed de novo by the reviewing court(s).

So after you object and it gets ruled upon, move on and don't let it upset you anymore during the proceeding.
 

KIX

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Vocalizing objections to get ruled on is proper, expected, and wise. Now you have it on the record for a reviewing court to rule upon, if needed.

Its a question of law that should be reviewed de novo by the reviewing court(s).

So after you object and it gets ruled upon, move on and don't let it upset you anymore during the proceeding.

That's more my point. Not much we can do. I've seen it objected and testimony allowed. A group on it's own doesn't have standing. So, the route you plan to take would be the first one I've seen in the many cases like this.

Watch..... you're willing to stand up to this.... and watch you get by squeaky clean, LOL.

Jonathan
 

Mrbowtie26

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Ok so I got my criminal check back within 5 days which is faster than they said (10business days). According to The CT state dept. of emergency services and public protection division of state police I have no criminal record found..... I'm not sure how that is possible being that I lost my drivers license for 3 months back around 1996. I had been charged with reckless driving, failure to adhere to police officer signal, and I think a couple of other minor ones thrown in for good measure. So should I put that I have never been arrested ? if I do I would be lying. Also if a woman I spoke with on the phone from waterbury courthouse pulled up all my previous info why can't the state police as they were the ones that filed a warrant for my arrest when I outran them. I guess maybe I don't have to disclose that previous info ? idk ...
Thanks for any help you can give me.
Ron H.
 

Rich B

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Ok so I got my criminal check back within 5 days which is faster than they said (10business days). According to The CT state dept. of emergency services and public protection division of state police I have no criminal record found..... I'm not sure how that is possible being that I lost my drivers license for 3 months back around 1996. I had been charged with reckless driving, failure to adhere to police officer signal, and I think a couple of other minor ones thrown in for good measure. So should I put that I have never been arrested ? if I do I would be lying. Also if a woman I spoke with on the phone from waterbury courthouse pulled up all my previous info why can't the state police as they were the ones that filed a warrant for my arrest when I outran them. I guess maybe I don't have to disclose that previous info ? idk ...
Thanks for any help you can give me.
Ron H.

If the records check came back clean, list no arrests on your application and proceed.

Worse case, you will need to bring the records check with you if you have to appeal and state that you did your due diligence, got a records check and it came back empty. That is all you admit to.
 

Mrbowtie26

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Ok thanks for the response. I was just worried if the F.B.I. check turned up that I had previous arrests they would deny me for not admitting to them.
Thanks
Ron H.
 

brk913

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That's more my point. Not much we can do. I've seen it objected and testimony allowed.

Jonathan

If it was me and my objection was "over ruled", the first question I would ask the officer on cross examination is if he or she knew that she just broke the law by revealing information that had been erased pursuant to CT Law. I would then ask if they make a habit of violating the law and individual citizen's civil rights, before allowing them to leave the stand I would ask that their entire testimony be stricken from the record after a copy is made so I may pursue civil action against the officer and department. Love to hear their answers.
 
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