Edward Peruta
Regular Member
imported post
This response is alleged to have been sent out by a member of the Department of Public Safety Special License and Firearms Unit.
TEXT OF EMAIL:
Hello, Thank you for the question.Please note that this is not legal advice and should not be relied on as such based on the general nature of your question with respect to carrying of handguns.As an initial matter, you are right about Connecticut General Statute sec. 29-28 being explicitly silent with respect to "concealed". The "carry" statute only addresses the carrying of handguns and does not address the manner/way/location in which they must be carried.However,numerous other statutes come intoplay with how, when, and where you can carry.
The analogy is a motor vehicle license...yes you have a license to drive under the statute, but many other statutes are in place as to how, when, and where you can drive.
We strongly suggest you consult an attorney to discuss specific carry situation to flesh out your understanding. It might be appropriate to discuss concepts with that attorney related to, for example,the "contemporary community standard"as tothe public at large (in the place of carry) as to when, where, and how they expect to see handguns being carried. As you can imagine a situation where someone was carrying a handgun in their hand while at a movie theater would be different from that same situation at the gun range.
All the best,
Tpr. Hatfield
Special Licensing and Firearms Unit
1111 Country Club Road, Middletown, CT
I'm going to ask what these "other statutes" are regarding "manner/way/location" of carrying.
TO ALL WHO READ THIS POST:
I'd like to thank the individual who supplied me with this recent response from Trooper Hatfield Esq..
This response together with SEVERAL PREVIOUSLY OFFERED RESPONSES on this topicoffers anotherglimpse into how the Department of Public Safety interprets, administers and enforces the laws together with how theylooks at situations involving firearms.
As a DPS certified/recognized instructor, I believe that a clear and concise statementshould be offeredto every valid question posedby permit holders and the general public regardingthe carrying of firearms by VALID PERMIT HOLDERS who have attended and passed an approved DPS course of instruction.
I for one have started to carry my weapon openly most of the time and have not been surprised by the questions that I have been asked.
I believe that law enforcement in general have failed to understand the law and incorrectly informed citizens of Connecticut regarding the laws pertaining to pistol permits and the open or concealed question.
Without question, if you carry your weapon in your hand rather than in a holster, you are going to find yourself in a situation. What Trooper Hatfield deliberately failed to state was that carrying an exposed holstered pistol or revolver while in possession of a valid permit to do so, by itself is NOT a crime.
Having had a case involvingan individuals concept of a"contemporary community standard", I can tell you that it is not determined by one person or a small group of individuals.
In my case, Federal Judge Stephan Underhill asked "Who determined the Community Standard", and found in my favor after the individual responded by stating "I did".
Law enforcement and certified DPS/NRA instructors in Connecticut have failed to properly trainprospective permit holders in the law, and have by their incompetence created a false belief that pistols and revolvers must be concealed.
It is also quite evident but not surprising that Trooper Hatfield conveniently left out the fact that the issue was presented to the Connecticut State Legislature without success.
As a DPS certified instructor, I will present my issues directly to the DPS so that I do not present or offer incorrect information to those who seek to have me instruct them in preparation to submit a permit application to carry a pistol or revolver.
Suggestion:
Google “Contemporary Community Standards” and you will find many cases on topics regarding PORNOGRAPHY, THE INTERNET and the FIRST AMENDMENT.
Given the fact that DPS attempted in 2008 and again in 2009 to have the issue addressed and mandated by the legislature failed,seems obviousthat our elected Connecticut officials chose to leave our “Contemporary Community Standard” as it currently exists.
Having participatedas a plaintiff in a case before a Federal Judge, I am very aware of the fact that that lat east onejudge found it necessary to ask and individual on the witness stand "who decided the community standard?” The witness replied that he had made the decision, and the judge rendered his decision against the individual and Cox Communications.
This issue is no surprise, DPS islooking everywhere and anywhere they can to justify their actions or statements.
You might also ask this question – What community are we talking about, the world community, our national community, the Connecticut community or a county or local community.
Any attempt to enforce a community standard based on existing accepted activities in local communities would lead to a patchwork of different laws and interpretations.
You might also consider the fact that our Constitution andLaws established by our State Legislature establish our statewide community standards. NOT A HANDFUL OF POLICE OFFICERS WHO ANSWER EMAIL QUESTIONS.
Examples of "Contemporary Community Standards"
History tells us that owning slaves in Connecticut was at one time an established"Contemporary Community Standard"
History tells us that prohibitingblacks fromeating at "Whites only"lunch counterswas an established"Contemporary Community Standard"
History tells us that segregating students by race and geographical location wasan established"Contemporary Community Standard"
History tells us that the immediate seizure of driver's licenses from intoxicated individuals without legislation to do so was a "Contemporary Community Standard"
Currently you will find SPEEDING, DRIVING WITHOUT A SEAT-BELT, TALKING ON A CELL PHONE, OPERATING UNDER THE INFLUENCE AND MINORS OBTAINING ANDCONSUMING ALCOHOL as well established "Contemporary Community Standards" practiced by vast number of individualsin Connecticut.
The Department of Public Safety considers themselves a 'COMMUNITY' and has always attempted to impose their standards on the general public and when asked to justify their actions, respond with "BECAUSE WE SAY SO".
Contemporary community standards in Connecticut are clearly established in the General Statutes, which in parts, limit the power and authority ofLaw Enforcement Agencies including the Department of Public Safety.
To offer another ambiguous public response to a valid question is reckless, confusingand improper on the part of DPS.
This response is alleged to have been sent out by a member of the Department of Public Safety Special License and Firearms Unit.
TEXT OF EMAIL:
Hello, Thank you for the question.Please note that this is not legal advice and should not be relied on as such based on the general nature of your question with respect to carrying of handguns.As an initial matter, you are right about Connecticut General Statute sec. 29-28 being explicitly silent with respect to "concealed". The "carry" statute only addresses the carrying of handguns and does not address the manner/way/location in which they must be carried.However,numerous other statutes come intoplay with how, when, and where you can carry.
The analogy is a motor vehicle license...yes you have a license to drive under the statute, but many other statutes are in place as to how, when, and where you can drive.
We strongly suggest you consult an attorney to discuss specific carry situation to flesh out your understanding. It might be appropriate to discuss concepts with that attorney related to, for example,the "contemporary community standard"as tothe public at large (in the place of carry) as to when, where, and how they expect to see handguns being carried. As you can imagine a situation where someone was carrying a handgun in their hand while at a movie theater would be different from that same situation at the gun range.
All the best,
Tpr. Hatfield
Special Licensing and Firearms Unit
1111 Country Club Road, Middletown, CT
I'm going to ask what these "other statutes" are regarding "manner/way/location" of carrying.
TO ALL WHO READ THIS POST:
I'd like to thank the individual who supplied me with this recent response from Trooper Hatfield Esq..
This response together with SEVERAL PREVIOUSLY OFFERED RESPONSES on this topicoffers anotherglimpse into how the Department of Public Safety interprets, administers and enforces the laws together with how theylooks at situations involving firearms.
As a DPS certified/recognized instructor, I believe that a clear and concise statementshould be offeredto every valid question posedby permit holders and the general public regardingthe carrying of firearms by VALID PERMIT HOLDERS who have attended and passed an approved DPS course of instruction.
I for one have started to carry my weapon openly most of the time and have not been surprised by the questions that I have been asked.
I believe that law enforcement in general have failed to understand the law and incorrectly informed citizens of Connecticut regarding the laws pertaining to pistol permits and the open or concealed question.
Without question, if you carry your weapon in your hand rather than in a holster, you are going to find yourself in a situation. What Trooper Hatfield deliberately failed to state was that carrying an exposed holstered pistol or revolver while in possession of a valid permit to do so, by itself is NOT a crime.
Having had a case involvingan individuals concept of a"contemporary community standard", I can tell you that it is not determined by one person or a small group of individuals.
In my case, Federal Judge Stephan Underhill asked "Who determined the Community Standard", and found in my favor after the individual responded by stating "I did".
Law enforcement and certified DPS/NRA instructors in Connecticut have failed to properly trainprospective permit holders in the law, and have by their incompetence created a false belief that pistols and revolvers must be concealed.
It is also quite evident but not surprising that Trooper Hatfield conveniently left out the fact that the issue was presented to the Connecticut State Legislature without success.
As a DPS certified instructor, I will present my issues directly to the DPS so that I do not present or offer incorrect information to those who seek to have me instruct them in preparation to submit a permit application to carry a pistol or revolver.
Suggestion:
Google “Contemporary Community Standards” and you will find many cases on topics regarding PORNOGRAPHY, THE INTERNET and the FIRST AMENDMENT.
Given the fact that DPS attempted in 2008 and again in 2009 to have the issue addressed and mandated by the legislature failed,seems obviousthat our elected Connecticut officials chose to leave our “Contemporary Community Standard” as it currently exists.
Having participatedas a plaintiff in a case before a Federal Judge, I am very aware of the fact that that lat east onejudge found it necessary to ask and individual on the witness stand "who decided the community standard?” The witness replied that he had made the decision, and the judge rendered his decision against the individual and Cox Communications.
This issue is no surprise, DPS islooking everywhere and anywhere they can to justify their actions or statements.
You might also ask this question – What community are we talking about, the world community, our national community, the Connecticut community or a county or local community.
Any attempt to enforce a community standard based on existing accepted activities in local communities would lead to a patchwork of different laws and interpretations.
You might also consider the fact that our Constitution andLaws established by our State Legislature establish our statewide community standards. NOT A HANDFUL OF POLICE OFFICERS WHO ANSWER EMAIL QUESTIONS.
Examples of "Contemporary Community Standards"
History tells us that owning slaves in Connecticut was at one time an established"Contemporary Community Standard"
History tells us that prohibitingblacks fromeating at "Whites only"lunch counterswas an established"Contemporary Community Standard"
History tells us that segregating students by race and geographical location wasan established"Contemporary Community Standard"
History tells us that the immediate seizure of driver's licenses from intoxicated individuals without legislation to do so was a "Contemporary Community Standard"
Currently you will find SPEEDING, DRIVING WITHOUT A SEAT-BELT, TALKING ON A CELL PHONE, OPERATING UNDER THE INFLUENCE AND MINORS OBTAINING ANDCONSUMING ALCOHOL as well established "Contemporary Community Standards" practiced by vast number of individualsin Connecticut.
The Department of Public Safety considers themselves a 'COMMUNITY' and has always attempted to impose their standards on the general public and when asked to justify their actions, respond with "BECAUSE WE SAY SO".
Contemporary community standards in Connecticut are clearly established in the General Statutes, which in parts, limit the power and authority ofLaw Enforcement Agencies including the Department of Public Safety.
To offer another ambiguous public response to a valid question is reckless, confusingand improper on the part of DPS.
