West Haven Refusal to Show Permit Revocation - UPDATE!

http://forum.opencarry.org/forums/showthread.php?114811-OCer-arrested-in-West-Haven-for-refusing-to-show-permit

Scott was given his permit back today by the BOFPE in a 3/3 tied decision. The 7th member of the board being absent. If he was present, Scott would have been found unsuitable and denied his permit.

When grilled by the stacked board, Scott stood firm and stated multiple times that if the same thing happened again tomorrow, he would STILL refuse to show his permit. His hearing lasted over an hour. I've never been so close to the edge of my seat.

While this was a win for Scott, it was an overall loss for us all. The next person to go before the board for refusing to submit to an unconstitutional request will surly be deemed unsuitable.

Must have been today. I did not know about this meeting as they did not post their agenda upon the Secretary of State's web page for state agency agendas (our FOIA Act requires this posting).

I had the same issue with a previous meeting. I filed a complaint with the FOIC concerning both meetings.


But, if Scott thinks that the decision would mean anything in respect to a similar case (if he again refuses to show his permit) then he should read the case:
CV-5014885S
Thomas Germain v. Town of Manchester et al
decided 6 JAN 2011

This case details that past decisions of an agency (like the BFPE) would not be binding upon the agency in another case.

Of course, I think that his case presents a question of law, I don't think that the basic facts were in doubt.

May have an appeal on this from the town...time will tell.

There has to be penalties included in the law to allow for a citizen to recover damages - this case never should have been a case at all.

Adam Cook said:

http://forum.opencarry.org/forums/showthread.php?114811-OCer-arrested-in-West-Haven-for-refusing-to-show-permit

Scott was given his permit back today by the BOFPE in a 3/3 tied decision. The 7th member of the board being absent. If he was present, Scott would have been found unsuitable and denied his permit.

When grilled by the stacked board, Scott stood firm and stated multiple times that if the same thing happened again tomorrow, he would STILL refuse to show his permit. His hearing lasted over an hour. I've never been so close to the edge of my seat.

While this was a win for Scott, it was an overall loss for us all. The next person to go before the board for refusing to submit to an unconstitutional request will surly be deemed unsuitable.

Click to expand...

Also, it is my view of the law that the board members cannot ask questions of witnesses; the time for them to ask questions is before a hearing is started, not during the hearing.