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Permit was DENIED

forhumans

Regular Member
Joined
Apr 8, 2013
Messages
41
Location
CT
And it only took 16 weeks! :banana:

A few of you told me to appeal sooner for the delay, and obviously I regret not doing it, so no need to rub that in my face.

Anyways, I was denied for not listing an arrest and charge which was erased as being a youthful offender. The arrest unfortunately involved a facsimile of a firearm, a lady's kids saw my passenger playing with an airsoft gun while I was driivng, and I was charged with breach of peace and carrying weapon in a motor vehicle. It says right on the application that I'm not required to state the arrest and can legally say under oath that I have never been arrested. The letter wrote, "My decision to deny is based on the criminal history activity portion of the application being inaccurate."

The application states: You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or 54-142a. If your criminal records have been erased pursuant to one of these statutes, you may swear under oath that you have never been arrested. Criminal records that may be erased are records pertaining to a finding of delinquency or that a child was a member of a family with service needs (C.G.S. 46b-146), an adjudication as a youthful offender (C.G.S. 54-76o), a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty, or a conviction for which the person received an absolute pardon (C.G.S. 54-142a).


Will this cop win against the board?
 

forhumans

Regular Member
Joined
Apr 8, 2013
Messages
41
Location
CT
I wasn't sure if there was a time period I had to wait before re-applying. I suppose if it takes 4 months again to get the permit back it will be quicker than getting an appeal date in 2014.

I appreciate the advice.
 

forhumans

Regular Member
Joined
Apr 8, 2013
Messages
41
Location
CT
There is something in the new bill about waiting 12 months. Unsure of the effective date though. As I said, not mutually exclusive.

Found it.

Sec. 57. Subsections (b) to (f), inclusive, of section 29-28 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months.

Looks like I have time to get in.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
File and apply now

Nothing prevents you from filing an appeal immediately on the first denial and submitting a new revised application during the wait for the appeal.

Do it now and keep track of the dates and copies of all records.

What town or city?
 
Last edited:

brk913

Regular Member
Joined
Oct 10, 2007
Messages
370
Location
Plainville, CT
Before filing an appeal and/or resubmitting I suggest a call to the Chief to query as to if it was the YO case he was referring to, if it was you may be able to persuade him into reconsidering as you are not required to report this (and in fact can swear under oath you have never been arrested) and reporting a YO is excluded specifically on the application. Something tells me you may have something else on your record that is not "sealed" that you may have neglected to report as your local PD should not be able to see any YO information. If it is in fact the YO and he will not reconsider, inform him you will be filing an appeal and follow through and do it, hearing dates are not that long out, and I bet yours would be in October or November.
 

forhumans

Regular Member
Joined
Apr 8, 2013
Messages
41
Location
CT
Something tells me you may have something else on your record that is not "sealed" that you may have neglected to report as your local PD should not be able to see any YO information.

I applied for my criminal history from the PD, so I should know shortly. Would my YO even be on that report?
 

XD40sc

Regular Member
Joined
Mar 31, 2013
Messages
402
Location
NC
Sadly, you do not live in the US of A, but in CT, where leaders have pizzed on the constitution and rights guaranteed by the US Constitution.
 

motoxmann

Regular Member
Joined
Mar 11, 2012
Messages
760
Location
Middletown, CT
I had this exact same thing happen to me as I had kept the arrest history blank, and come to find out I was actually considered arrested for a minor incident I had 13 years ago. I honestly didn't even know I was arrested lol due to funky surrounding circumstances from how it went about. a phone call to my PD resulted in the detective informing me of the arrest data (date and description of charges).
I ended up deciding to just reapply, and when I submitted the application a mere couple days after receiving the denial letter, I used the info the detective gave me, and during my "interview" that detective was kind enough to give me the exact charges' description and the exact dollar amounts I paid in fines for them which I added to the application. 8 weeks and 2 days later I had my permit. I was upset that I ended up paying the fees again, but it worked out well for me.

I would definitely be sure to get the arrest record from the PD of why they denied you before deciding what to do. I only reapplied because it was before all this crap happened and I knew it would be quicker than an appeal. but now, you may find it easier and quicker to appeal instead of reapplying.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
APPLICANTS ARE NOT ATTORNEYS OR MEMBERS OF LAW ENFORCEMENT AND CANNOT BE EXPECTED TO KNOW THE LAW.

To protect yourself from allegations that you falsely signed the application reply to answers in the application with exhibits.

This is my recommendation to avoid a denial on the ARREST and CONVICTION questions.


Execute and sign an Exhibit A and Exhibit B and attach them to the application.

Countless members of Law Enforcement when being questioned under oath on the stand in court answer by stating:

"I DON'T RECALL"

Simply state on the DPS-799 application "See Exhibit A" in the arrest questions and "See Exhibit B" in the Conviction section.



EXHIBIT A
TO
Application for Temporary State Pistol, DPS-799-C (Revised 10/09)

SECTION E CRIMINAL HISTORY:

QUESTION:

Have you ever been ARRESTED for any crime, in any jurisdiction?

ANSWER:

To the best of my knowledge, belief and memory, I have never been arrested for a violation of the law that would require me to answer this question in the affirmative.

To prevent creating a new public record regarding arrests that were disposed of or dropped by members of law enforcement, prosecutors or the courts prior to any finding of guilt are NOT listed.

_______________________________________
Applicants Signature Date

Or

To the best of my knowledge, belief and memory, I have been arrested and believe I must reveal the following information regarding previous arrests.

________________________________________________________________________________________­__

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

________________________________________________________________________________________­__

Disclaimer:

Any information supplied or withheld to answer this question is done under the belief that I am required or allowed to do so under current provisions of Connecticut State Statutes, Regulations and case law.
If during the investigation of my application additional information or explaination be required, I am prepared to do so at any reasonable time.



_______________________________________
Applicants Signature Date



EXHIBIT B
TO
Application for Temporary State Pistol, DPS-799-C (Revised 10/09)
SECTION E CRIMINAL HISTORY:

QUESTION:

Have you ever been CONVICTED under the laws of this state, federal law or the laws of another jurisdiction?

If "YES,” list all convictions, include charges, location, date of arrest, and disposition.

ANSWER:

To the best of my knowledge, belief and memory, I have never been CONVICTED for a violation of the law that would require me to answer this question in the affirmative.

To prevent creating a new public record, CONVICTIONS that were disposed of by the courts, the board of pardons, or executive order are NOT listed.

_______________________________________
Applicants Signature Date

Or

To the best of my knowledge, belief and memory, I have been CONVICTED and believe I must reveal the following information regarding previous CONVICTIONS.

________________________________________________________________________________________­__

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

________________________________________________________________________________________­__

Disclaimer:

Any information supplied or withheld to answer this question is done under the belief that I am required or allowed to do so under current provisions of Connecticut State Statutes, Regulations and case law.
I will rely upon the results of any State or Federal Criminal History Record check and acknowledge or deny any information not supplied in this exhibit if asked



_______________________________________
Applicants Signature Date
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
There wasn't enough room on the APP to list all the times I was arrested

I had to submit exhibits because there was not enough room to list my arrests.

There was plenty of room to list convictions.

I got my Temporary State Permit in less than a week because the Chief knew me and my background.

And there were NO fingerprints taken!!
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
Verbage submitted with California CCW application

This is the actual text of what I submitted on my California CCW application.

Read it, copy it, edit and use if if you'd like.

Too many arrests to count or remember

The undersigned, as a Spot News Photographer was frequently and illegally placed under arrest on numerous occasions, detained at scenes and placed in police vehicles by numerous police officers in numerous Connecticut jurisdictions, and then released from custody without being processed by the arresting officers or department.

Unknown incidents

I have led a very pro-active life, and have never been one to back down while defending my rights or the rights of others, in doing so, there may be incidents I cannot now remember. Should you find something you need clarified, don’t hesitate to ask me questions or demand answers as part of this application for a permit to carry a pistol in Connecticut. I’ll be very happy to provide any information I can to whoever asks.

I ALSO CONSIDER ANY ARRESTS OR SITUATIONS THAT RESULTED IN DISMISSAL OF THE CHARGES TO HAVE NEVER TAKEN PLACE.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Its nice Ed shared what he put down ... but to say "you don't remember" may not be a suitable answer for the OP.

I simply objected to the query due to relevancy issues ....

the law says that the application should be done on the dps form .. it does not say you need to complete everything that they ask for ...

cases are available noting that not every query asked on a gov't form must be answered; only relevant questions.

Motor vehicle and arrests are not relevant if they have nothing to detract from your right to own guns IMO.
 

forhumans

Regular Member
Joined
Apr 8, 2013
Messages
41
Location
CT
Update

I waited a week and called the station to check on my criminal history report, which was supposed to take a couple of days. The officer said he hadn't heard of it, but would check and have someone call me. I got a call from the Sgt and he said they knew the reason why I wanted my criminal history report, and then he admitted they forgot to remove my youthful arrest from their system... they had forgotten. Oops. :rolleyes:

He let me re-submit my app to the chief, and I got my temp in the mail today. :monkey

I did include a letter when I brought back the checks explaining the arrest and why I didn't put it on the form, but it felt like I was incriminating myself, so I'm not sure what to recommend for future applicants with expunged arrests.


It's been 5 months so I forget my next step... go to the state office and get my photo?
 

Rich B

Regular Member
Joined
Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
It's been 5 months so I forget my next step... go to the state office and get my photo?

The instructions are on the permit application.

http://www.ct.gov/despp/lib/despp/slfu/pistol_permits/dps-799-c.pdf

3. Within the 60 day period, go to a DESPP, Division of State Police, pistol permit location and submit the following:
- The Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C) issued by the local authority;
- A completed Application for State Permit to Carry Pistols and Revolvers (DPS-46-C);
- $70.00 payable to Treasurer, State of Connecticut; and
- Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.).
• Your photograph will be taken at DESPP.

The very next step after getting the permit from the state should be to seek training from a competent trainer.

I personally would recommend:

king33training.com

and/or:

https://www.facebook.com/SecureAlternatives
 
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