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DPS RESPONSE to the questions posed in emaildated June 2, 2009 to Sgt. Douglas Hall
June 9, 2009
Edward A. Peruta
American News and Information Services, Inc.
38 Parish Road
Rocky Hill, CT 06067-1051
Re: Your E-mail to Sgt. Douglas Hall Dated June 2, 2009
Dear Mr. Peruta:
I am writing in response to your e-mail to Sergeant Hall dated June 2, 2009 in which you pose various questions regarding the applicability of the firearms statutes. While it is not explicitly stated in your correspondence, it appears that your questions present a request or requests for a declaratory ruling in accordance with Connecticut General Statutes Sections 4-175 and 4-176. As you know, the case of Peruta v. Department of Public Safety, et al is currently pending before the state Appellate Court, which is an appeal of your claim to the Superior Court for a declaratory judgment concerning the same issues raised in your e-mail to Sergeant Hall. Due to the pendency of the appeal, it would be premature for the Department of Public Safety to respond to your requests.
Very truly yours,
Jennifer Janeiro
Legal Affairs Unit
Cc: Sgt. Douglas Hall
Lt. Mark Cassista
AAG Matthew Beizer
My response to DPS letter date June 9, 2009
Attorney Jennifer Janeiro,
I am in receipt of and have attached your letter dated June 9, 2009 in which you state your belief and opinion that my email of June 2, 2009 to Sgt. Douglas Hall amounted to a request for a Declaratory Judgment.
This appears to fly in the face of the fact that previous emails containing similar type questions were NOT considered requests for Declaratory Judgments. This statement of my belief is made due, to the fact that your department and the Office of the Attorney General have maintained and stated repeatedly that I did not exhaust my administrative remedies prior to filing the Peruta v. DPS action you reference in your letter.
Regardless of the current case that is on appeal, my email to Sgt. Hall contained a question not currently being appealed. The question posed on June 2, 2009 is as follows:
6. Are the decisions, opinions or rulings made by The Connecticut Department of Public Safety regarding the manner under which firearms are carried binding in any manner on sworn officers of local law enforcement agencies?
Obviously, I have a problem with being prohibited or blocked from seeking clarification on any further issues pertaining to firearms during the appeal of the three basic questions which resulted in my having to seek the assistance of the courts.
It was my understanding the court in New Britain was informed that the Commissioner and Department of Public Safety were willing able and ready to render Declaratory Rulings on questions posed by citizens.
If this is not the case, or if I am going to be denied an answer to my specific question regarding the binding effect of DPS Declaratory Rulings on local law enforcement agencies and personnel, I request leave to retain legal counsel to seek an answer from the courts in a new civil complaint for a Declaratory Ruling.
Given the fact that I find this information necessary to function as a certified firearms instructor, I request a timely response on whether the department now believes that I have exhausted my administrative remedy on this specific single question.
Respectfully,
Edward A. Peruta
38 Parish Road
Rocky Hill, CT 06067
THIS REPONSE FROM DPS HAS PROMPTED A MOTION TO BE FILED IN COURT.