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Delays in background checks

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
From: Edward Peruta [mailto:edperuta@amcable.tv]
Sent: Monday, June 17, 2013 8:31 PM
To: 'reuben.bradford@ct.gov'; 'Christine.Plourde@ct.gov'; 'Janet.Ainsworth@ct.gov'; 'paul.mounts@ct.gov'; 'louise.mcdermott@ct.gov'
Cc: 'G.SMITH@THEDAY.COM'
Subject: FW: Contact suggestion regarding Federal Criminal History Records Check


Commissioner Bradford,

This is a heads up notice that your agency is NOT returning National Criminal History Record Checks in a timely manner.
Please consider the fact that the applicants have paid the required $16.50 to cover the National Criminal History Records Check and should receive their results in a timely manner.

To claim that your department is prioritizing Pistol Permit Applications is questionable at best.

This is the second complaint I have received regarding Montville’s resident State Trooper.
Why are the National Criminal History results received via electronic notice, held up after receipt from CJIS FBI?
Your agency is delaying approval of Temporary State Permits to Carry Pistols and Revolvers.

From: REDACTED NAME OF CONTACT
Sent: Monday, June 17, 2013 3:06 PM
To: Edward Peruta
Subject: Re: Contact suggestion regarding Federal Criminal History Records Check


Applied for permits on March 15, submitted fingerprints.

Contacted CJIS FBI at the referenced number. Fingerprints received from CT 4/18/13. Returned to CT 4/19/13.
Montville Police Dept tells me they did not receive them from the State until 5/30/19. Approximately 40 days later.
Montville has had them for almost three weeks. Sitting on the desk. Telling me it could be a while yet.

NAME REDACTED
PHONE NUMBER REDACTED



The law requires the issuing authority to issue or deny within ONE WEEK following receipt of the National Criminal History Record check.

Here are the two controlling sections of Connecticut law:

Sec. 29-28a. Application for permit. Notice of decision to applicant. (a) Requests for temporary state permits under section 29-28 shall be submitted to the chief of police, or, where there is no chief of police, to the warden of the borough or the first selectman of the town, as the case may be, on application forms prescribed by the Commissioner of Public Safety. Upon written request by any person for a temporary state permit not on a prescribed application form, or upon request by any person for such application form, the local authority shall supply such forms. When any such request is made in person at the office of the local authority, the local authority shall supply such application form immediately. When any such request is made in any other manner, the local authority shall supply such application form not later than one week after receiving such request. If such application form is not supplied within the time limits required by this section, the request therefor shall constitute a sufficient application. If any local authority fails to supply an application form upon the request of any person, such person may request an application form from the Commissioner of Public Safety or any barracks of the Division of State Police, and the time limits and procedures set forth in this section for handling requests for such forms shall be applicable.

(b) The local authority shall, not later than eight weeks after a sufficient application for a temporary state permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied. The local authority shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Public Safety. If the local authority has denied the application for a temporary state permit, no state permit may be issued. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, inform the applicant in writing that the applicant's application for a state permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32.


Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for such permit gives to the local authority, upon its request, full information concerning the applicant's criminal record. The local authority shall require the applicant to submit to state and national criminal history records checks. The local authority shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry any such weapons.

(b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation, unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid. The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.

(c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.

(d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.

(e) No state permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check.





From: Edward Peruta <edperuta@amcable.tv>
To: REDACTED NAME OF CONTACT
Cc: rbaird@rachelbairdlaw.com
Sent: Saturday, June 15, 2013 3:53 PM
Subject: Contact suggestion regarding Federal Criminal History Records Check


FBI CJIS Division -- Record Request
1000 Custer Hollow Road
Clarksburg, WV 26306


You should call the CJIS division at 304-625-2000 or 304-625-5590 and follow the phone prompts to speak to a customer service agent, and explain that you would like to check the status of your background check.


You might need to provide your social security number. Ask the customer service agent if your background check has been processed yet, and if so, when the results were returned to the Connecticut State Police.
 

CT Barfly

Regular Member
Joined
Jun 13, 2013
Messages
328
Location
Ffld co.
thanks for zeroing in on the problem. commissioner bradford is a reasonable man and i believe he will insist upon compliance with statute by his subordinates. your message was clear and well written and will go a long way to helping the machine function properly.

good job.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
thanks for zeroing in on the problem. commissioner bradford is a reasonable man and i believe he will insist upon compliance with statute by his subordinates. your message was clear and well written and will go a long way to helping the machine function properly.

good job.

DESPP is a total anti-citizen organization ... and the commissioner must know that this issue has been present for years and did nothing. The law really gives times but no teeth to give them much meaning.

We all know where that letter went ... into the trash.

Not that such letters are value-less .... they memorialize the issue
 
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