Question about previous record and pistol permit application

I've already heard the response:

"This is a civil administrative hearing, you can't refer to the documents, but you can recall from memory. Inasmuch as this is a civil administrative hearing, it is allowable".

I'd like go over that statute some.....

Jonathan

KIX said:

I've already heard the response:

"This is a civil administrative hearing, you can't refer to the documents, but you can recall from memory. Inasmuch as this is a civil administrative hearing, it is allowable".

I'd like go over that statute some.....

Jonathan

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That's funny .... you can provide your testimony entirely in writing per Chapter 54 ... if they'll allow it. Plus you can refer to any document in an admin hearing ... and even in superior court with documents not yet in evidence .. (how do you get docs into evidence without looking at them, duh). Chapter 54 of course.

Did you know that in admin hearings rebuttal testimony is not allowed? Nor is a re-direct. Its direct examination and cross for a witness NOTHING more. But this is only between parties, the hearing officers can ask followup questions if they like.


They can TRY to testify from memory but if the information is IRRELEVANT then a motion to strike that answer that is irrelevant is appropriate. And public policy makes it irrelevant.

It will be interesting to follow your case......

Stop by and say hello! I'm usually with an iced coffee and wearing a Yankees cap.

Jonathan

KIX said:

I'm usually .. wearing a Yankees cap.

Jonathan

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Those Bastards ! Making you wear a Yankees cap! Cruel and unusual I would say! lol

(Cubs fan here .. but don't worry, they'll win the series next year!)

KIX said:

I've already heard the response:

"This is a civil administrative hearing, you can't refer to the documents, but you can recall from memory. Inasmuch as this is a civil administrative hearing, it is allowable".

I'd like go over that statute some.....

Jonathan

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Well, there are several statutes related to this:

http://www.cga.ct.gov/current/pub/chap961a.htm#Sec54-142a.htm

"any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section "

"such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records "

"Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath."

http://www.cga.ct.gov/current/pub/chap961a.htm#Sec54-142c.htm

"any criminal justice agency having information contained in such erased records shall not disclose to anyone the existence of such erased records or information pertaining to any charge erased under any provision of this part"

http://www.cga.ct.gov/current/pub/chap961a.htm#Sec54-142g.htm

""Criminal justice agency" means but not limited to, organized municipal police departments, the Division of State Police"

""Disclosure" means the communication of information to any person by any means.

Well I finally dropped off my application at the west haven pd today, The police officer there said that it should take 12 weeks or so to hear back. I didnt say anything but ok thank you. We'll see
Ron H.

Mrbowtie26 said:

it should take 12 weeks or so to hear back.

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Five days to get your fingerprints to SPBI, one week from when they get the national background check back. Give them no leniency.

Rich B said:

Five days to get your fingerprints to SPBI, one week from when they get the national background check back. Give them no leniency.

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Give them no leniency? He can file an appeal for sure ... but it would be heard, ohhh about MAY 2013 if the OP does not want to go to court with a writ.

davidmcbeth said:

Give them no leniency? He can file an appeal for sure ... but it would be heard, ohhh about MAY 2013 if the OP does not want to go to court with a writ.

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People who have the statutory deadlines for their pistol permit missed should immediately file appeals.

The alternative is to do nothing and not show any problems with the current system. Every appeal is a document that shows abuse.

Rich B said:

People who have the statutory deadlines for their pistol permit missed should immediately file appeals.

The alternative is to do nothing and not show any problems with the current system. Every appeal is a document that shows abuse.

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Most get settled before the case would be heard...so the board says "look at what a great job we do, getting people to agree!"

want to voice the abuse? call your legislators.

Rich is right on point.

Most don't get settled. They like to stretch it out at the local level.

Never saw the board take credit for cases that were settled. How could they? If it was agreed to before a hearing, it has nothing to do with them. They note cases that were settled.

I'm thinking the only way this changes is when the backlog gets too long again, there will be a lawsuit that goes along the lines of violation of due process or something and changes need to be made. Quite possibly with the board itself and maybe needing more than one board (an all voluntary board at this point) that meets more than once or twice a month.

Who knows.... all I know is the calendar is getting backlogged again and it will be interesting to see how this is handled.

Jonathan

KIX said:

I'm thinking the only way this changes is when the backlog gets too long again, there will be a lawsuit that goes along the lines of violation of due process or something and changes need to be made.

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The only way things will change is for someone to file suit about the "suitability" statue, that is clearly unconstitutional because you have a right to practice with your gun & you need a permit to do this legally.

Just a follow up to this I decided to wait for the 8 weeks which was this past Monday. I sent out the appeal on Tuesday and today when I got home there was a message from the West Haven PD that the permit could be picked up on Monday from the records division along with a check for $70. Not sure why it said Monday. I'll call the records division tomorrow and see if I can get it earlier. I just wanted to let everyone know. Now I have to call and cancel my hearing request I guess lol.
Thanks
Ron H.

Mrbowtie26 said:

Just a follow up to this I decided to wait for the 8 weeks which was this past Monday. I sent out the appeal on Tuesday and today when I got home there was a message from the West Haven PD that the permit could be picked up on Monday from the records division along with a check for $70. Not sure why it said Monday. I'll call the records division tomorrow and see if I can get it earlier. I just wanted to let everyone know. Now I have to call and cancel my hearing request I guess lol.
Thanks
Ron H.

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This is usually the case. I bet you wish you hadn't waited until 8 weeks now though.

Please do cancel your BFPE hearing. That is very important.

Enjoy the permit.

Mrbowtie26 said:

West Haven PD that the permit .

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Good for you ... enjoy your permit ..

And West Haven? OMG .. I just put in a foia request to them ... they host the annual CT SWAT team challenge and have everyone fill out a weapons inventory form....I'm looking to get this .. it will cover about 1/10th to 1/5th of the PDs in the state I'm guessing.

davidmcbeth said:

Good for you ... enjoy your permit ..

And West Haven? OMG .. I just put in a foia request to them ... they host the annual CT SWAT team challenge and have everyone fill out a weapons inventory form....I'm looking to get this .. it will cover about 1/10th to 1/5th of the PDs in the state I'm guessing.

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It's West Hartford PD that is the "host" of the Swat Team Challenge: http://www.ctswatchallenge.com/contact-us/ It's held up at Metacon, this year on August 20-23.....

brk913 said:

It's West Hartford PD that is the "host" of the Swat Team Challenge: http://www.ctswatchallenge.com/contact-us/ It's held up at Metacon, this year on August 20-23.....

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Thanks ! Just sent them a request...