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Thread: New Britain Experience is this normal?

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    New Britain Experience is this normal?

    So I am new to the forum and have enjoyed the resources here . I would like to update all of you as to my experience to with the city of New Britain. I took my class on 4 August 2012. I called to book my fingerprints the following Monday and was told they only did them on Tuesdays so I took the first available slot which was 14 August 2012. I brought all necessary paperwork including the extras they asked for. After my paperwork was reviewed and fingerprints done the detective / officer informed me that it would be 9-12 weeks before I heard anything. Not wanting to cause any waves I smiled, said thank-you and walked out knowing that this seemed a bit long.

    I called them today to get the status of my permit approval thinking that at almost 5 weeks they would have some information for me. To begin with the woman who answered the phone made me feel as if I were wrong to call and inquire about the status of my permit. After a brief hold she informed me that my state check was still not done , however my FBI one has already come back. She then informed me that even if they had everything that it would still be another 2 weeks before anything was done because the person that handles permits was not there.

    So I called the State PD today to see when all of my information was received by them. The woman there was a little more helpful but asked me to call back on Friday of this week with the money order # used to pay for the state. After both phone calls I am a little disturbed at the time this is beginning to take. Any insight would be helpful with this.

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    Regular Member Rich B's Avatar
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    If one background check is done, the other should be done as well. Call the SPBI back with your money order info and find out when they were returned.

    They have '1 week' to issue or deny per CGS 29-29 once they receive the background check back, otherwise you should be appealing. I would be willing to bet that at the 5 week mark, you are overdue for an appeal, you just need to get the dates.

    It is (unfortunately) very common for PDs to talk about extraordinary amounts of time despite they the fact that they effectively have about 2-3 weeks to issue or deny.
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    Thanks Rich. Why would I need an appeal if I have yet to be denied? Another question what is SPBI? Thanks again!

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    Thanks Rich. Why would I need an appeal if I have yet to be denied?
    If they go beyond the statutory time limits you have an 'administrative denial'. The earlier you get on the appeals list with the BFPE, the better. Their backlog is into January right now.

    Another question what is SPBI? Thanks again!
    State Police Bureau of Identification.
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    Quote Originally Posted by Rich B View Post
    If they go beyond the statutory time limits you have an 'administrative denial'. The earlier you get on the appeals list with the BFPE, the better. Their backlog is into January right now.
    .
    I filed in March .... 6 months ago and have a date in dec ... sure about that Jan date? I chk again, still dec date
    Last edited by davidmcbeth; 09-17-2012 at 07:48 PM.

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    We will see what the state says tomorrow. The woman today said they are still working on work for end of July. Will update you then.

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    Quote Originally Posted by davidmcbeth View Post
    sure about that Jan date? I chk again, still dec date
    http://www.ct.gov/bfpe/cwp/view.asp?a=3598&Q=508224
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    Ok so here is the update for all of you. I called the state pd this morning to inquire about my background check and was told that they could not give me any information and that I have to deal with the town in which I made my application. Any ideas at what I should do next? I do not want to seem like a pain in the ass so should i just wait this out?

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    Ok so here is the update for all of you. I called the state pd this morning to inquire about my background check and was told that they could not give me any information and that I have to deal with the town in which I made my application. Any ideas at what I should do next? I do not want to seem like a pain in the ass so should i just wait this out?
    Did you ask for 'records' when you called?
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    yes sir and they forwarded me to the fingerprint division. Any thoughts?

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    yes sir and they forwarded me to the fingerprint division. Any thoughts?
    Wait a while and try again. Usually when people call DESPP and ask for 'records' they have no problem provided that they have their money order information handy.

    Results are spotty with any other department.
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    Buy a cadaver and cut his fingers off, send them in and say "my prints won't do you any good in the future...can I have my permit NOW?..if not, expect one foot next - I would still need 1 to hop around, I'm sure you understand"

    Like pulling teeth huh .... and they'll give you fake names, so be careful to write their names down and check with the CT employee list ..

    http://www.phone.ct.gov/phonesearch.aspx
    Last edited by davidmcbeth; 09-18-2012 at 02:25 PM.

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    Well folks another week goes by and another update. I finally got a hold of someone in the records dept that would at least speak with me. She was very vague and would not give me any information other than they have it and not to worry about it that the are working on it. Why is this process so secretive? Given the guidelines I have read about and how long this should take I am really beginning to get frustrated. Tomorrow will be six weeks. Guess they are going for the full 8 weeks they are allowed.

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    Guess they are going for the full 8 weeks they are allowed.
    They are not allowed 8 weeks. You need to keep calling until you get someone who wants to do their job. I don't know why some of the people there are so difficult to deal with and some are fine. We are currently working on this and we have a hearing this month regarding this.
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    Quote Originally Posted by Rich B View Post
    They are not allowed 8 weeks. You need to keep calling until you get someone who wants to do their job. I don't know why some of the people there are so difficult to deal with and some are fine. We are currently working on this and we have a hearing this month regarding this.
    I hit the same road block last year they referred me back to the local pd, for the print/background date verification. I went there in person and asserted my rights, they then sent a clerk from the firearms unit over as it was my 2nd application while I was in my BOFE waiting period, and he told me the same thing. Even thought I new it was BS!

    After reading this then recalling the information that your organization put out Rich in regards to the the pd's statutorily not being able to charge. So it appears the SP finger print/background unit, is Denying services, by refusing to answer date request questions, that citizens have rightfully paid for, more than likely in conjunction with the spflu, so the pd's can drag their feet, with no repercussion, as it appears you can not get an answer when the checks come back. By the time you can foia, in most instances the fingerprint date, it defeats the background /finger print check return date section of the statue of the firearms check Auto denial or their lawful response date, it appears they are making it impossible to use the portion of the statue, (ie return of background check ?5 day rule?) by blocking a citizens inquiry's????????

    If no one is getting answers to background check dates, that were lawfully paid for, & charged by the pd without granted authority, it appears there is a problem, and the law is being toyed with.

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    Quote Originally Posted by Good Citizen View Post
    If no one is getting answers to background check dates, that were lawfully paid for, & charged by the pd without granted authority, it appears there is a problem, and the law is being toyed with.
    Yep. That is the nature of our complaints and the hearings that are forthcoming.
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    The concern I have is that if I keep calling the people responsible for this that my permit would be denied for some strange reason. I know it sounds ridiculous but this seems to be more of a delicate process then some teenager getting their drivers license.

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    The concern I have is that if I keep calling the people responsible for this that my permit would be denied for some strange reason. I know it sounds ridiculous but this seems to be more of a delicate process then some teenager getting their drivers license.
    What difference would it make? Either way it is an appeal.
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    So let me get this right. Even though I have not heard anything yet either approved or denied you are saying I should start an appeal? If so on what grounds, with whom and will this in any way have an effect on my application now. Also what happens if during this appeal I get my permit?

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by bushi01 View Post
    So let me get this right. Even though I have not heard anything yet either approved or denied you are saying I should start an appeal? If so on what grounds, with whom and will this in any way have an effect on my application now. Also what happens if during this appeal I get my permit?
    I didn't say that. I told you to get your dates. Most likely your dates will show an administrative denial if the timeline is over the 5 days or 1 week deadlines. And then yes, you absolutely should file an appeal right away.

    If you appeal and the PD issues your permit, you cancel your appeal. This happens more often than not.

    If you have been following along on this forum and the various threads like this, you should know that a violation of CGS 29-28 or CGS 29-29 is an administrative denial. If you are over the 5 days, 1 week or 8 week deadline you are denied.
    Last edited by Rich B; 09-24-2012 at 05:48 PM.
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    Quote Originally Posted by Good Citizen View Post

    If no one is getting answers to background check dates, that were lawfully paid for, & charged by the pd without granted authority, it appears there is a problem, and the law is being toyed with.
    They have no right to ask for $$$ for BR checks ... my local pd did it for free ! And I did not even ask them to. And without fingerprints being taken.

    You can ask for this $$$ back in your appeal ... so you have a reason right now to appeal IMO. Include it in your appeal pleadings and it should move along at sloth-like pace unless you wish to file a writ to superior court to demand they comply with Chapter 54 of CGS (a chapter everyone going before the board should read and do some google scholar research on so they cannot hose-bag you at the hearing).

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    Ok so just to have all my bases covered what is an "administrative denial"?

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    Quote Originally Posted by bushi01 View Post
    Ok so just to have all my bases covered what is an "administrative denial"?
    Its a denial in which no written denial was received ... you waited past the point of time that the law requires a response and you received no response. You can just call it a denial if you wish; just note the dates in your pleadings to the board and state that you have waited and received no response regarding your application and that the issuing authority has basically denied your permit.

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    Quote Originally Posted by davidmcbeth View Post
    Its a denial in which no written denial was received ... you waited past the point of time that the law requires a response and you received no response. You can just call it a denial if you wish; just note the dates in your pleadings to the board and state that you have waited and received no response regarding your application and that the issuing authority has basically denied your permit.
    This.

    You can see the process here as well as the form letters:
    http://www.ct.gov/bfpe/cwp/view.asp?...54192&bfpeNav=
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    Quote Originally Posted by Rich B View Post
    This.

    You can see the process here as well as the form letters:
    http://www.ct.gov/bfpe/cwp/view.asp?...54192&bfpeNav=
    Hi Rich,

    I really don't like their "form letters" myself. But I guess....the board will take them. Most information is being sought by their "evil" (lol) questionnaire.

    I don't know how the OP wants to play the game .. but I objected (filed and objection, actually 2 sets of (about 10 pages of pleadings with each set of objections and some exhibits) to ALL of the questionnaire's questions and the board agreed that only these needed to be completed:
    Name, Address, Other address, Attorney representation query, Date of Birth, US citizen
    question, Date applied,
    Name of police or 1st selectman to whom I gave application to, Name of police or selectman who
    denied, State the reason for denial, What date was the denial, How did you learn of the denial

    All other line questions were ruled not mandatory to answer. I still think the citizen query, names of who I dealt with, reason for denial, and how I learned of it are still bogus. But I preserved these objections for appeal..if desired.

    So the OP could submit his questionnaire in with objections to all, like me, or just of the other sections that were struck down as being mandatory.

    It won't matter time-wise .. the appeal will take just as long either way.

    Now the issuing authority filed a questionnaire too (the board sends them one (its a different questionnaire) after they docket your case I guess), in about 2 months (was my time for getting it). And I objected to this questionnaire as well for several reasons.

    So before the OP files, he needs to decide on his trial strategy. One can object and be civil about it and I have not had issues in administrative hearings that they go south because of it but to preserve issues for a possible rejection, objection rulings are reviewable. Since most of my objections were on the basis of the law being interpreted, these would be de novo reviews - well worth keeping alive IMO.

    Others don't want the hassle and just go with the flow. That's fine. All depends on the person.


    The last page of the questionnaire was very concerning - what if you forgot some stupid traffic ticket? They could then claim you lied on the questionnaire and deny you because of that -- you'll note that this page (MV/arrest record) is not mandatory.
    Last edited by davidmcbeth; 09-25-2012 at 05:06 PM.

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