Should it take a PHD in English to understand Connecticut Firearm laws and procedures

In a September 25th appeal hearing of a Freedom of Information Commission decision regarding the Names and Addresses of applicants for Permits to Carry Pistols and revolvers, the State brought with them and allowed an intern to argue the states case. The intern is an older female who claims to possess a PHD in English.


The transcript of the hearing is at this link: http://www.ctgunrights.com/05.Legal.State/Appeal Names and Addresses/perutavs.foic.9.25.13.txt

American News and Information Services and the undersigned were represented by Attorney Rachel M. Baird who was acknowledged as follows:


Portions of the transcript


ATTY. O'NEILL: Good morning, Your Honor. Terrence O'Neill, Assistant Attorney General, for the intervenor DESPP and Commissioner Bradford.

I have with me a former student and of yours, Holly Hutton, who did a lot of work on this file. And absent objection, and I'll represent to the court the appropriate documentation has been filed in Hartford, I would move that she be allowed her to argue today, if Your Honor will allow her to.

THE COURT: Absolutely.

It should be noted that Holly Hutton the intern who was allowed to argue the case has a PHD in English!

The hearing continued until I was allowed to make an argument to the court.

The state then acknowledges Attorney Baird’s expert knowledge and vast firearm experience by stating the following to the court.

ATTY. O'NEILL: I'm not sure. Because I think to answer your question, Your Honor, I would have to know the specific steps involved. As reluctant as I am to do this, but you have two -- and I don't know counsel who has appeared today but you have two experts on state handgun permit procedures. And I'm sure that they could probably not only tell you what they think, but they could probably cite chapter and verse so you can verify it.

THE COURT: All right. Attorney Baird, I'll give you a shot at answering that hypothetical, if you can.

Attorney Rachel M. Baird then goes on to answer the court’s question and explain the handgun transfer procedures in detail.

A link to the full transcript is posted at www.ctgunrights.com

An eligibility certificate is issued pursuant to C.G.S. 29-36f through 29-36i. It entitles the holder to purchase a firearm and transport same to their residence or place of business. It does not entitle the holder to carry a pistol or revolver on their person. http://www.ct.gov/despp/cwp/view.asp?a=4213&q=494614#eligibility

So when you call DESPP, as a dealer, for an authorization required you get an authorization #. One would not know if the person had a pistol permit OR an eligibility certificate. Is this correct? You get get an authorization # for the sale.



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Also, the confidentiality of information v. BFPE hearings being open ... I think that one voluntarily discloses .. not a 14th amendment issue. The Federal Driver's Protection Act is similar ... your DMV information is classified but once you decide to contest a case, you lose the confidentiality of the DPA...of course, the DPA expressly states this exemption whereas the CT statue does not ... but its just common sense.

The argument that cops talk to neighbors likely points to the cops violating at least the spirit of the Act...but its not a secrecy or privacy exemption, or at least not spelled out that way in the statue. This is the best argument made but I doubt it will sway the judge...as DESPP/cops can give the information to anyone they desire.



In fact, this information is better sought after via a discovery in a civil suit...FOIA means nothing there. In fact, you cannot muddle court discovery through a FOIA request --- courts will knock out a FOIA request if the information sought after may interfere with a court's jurisdiction regarding discovery. ie you ask for something in discovery and a court issues an order saying "no, you cannot get that" then the guy cannot do an end-round via a foia request. Another uninterested party could file a FOIA request though.

Suggest you gather this needed information in discovery with a protective order that consul can use information to contact potential additional members to join a class action suit.
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And the PhD? Went back into her hole .... what, 30 sec. and she bowed out ...