Edward Peruta
Regular Member
imported post
SOME MAY CONSIDER THIS INFORMATION TO BE A HODGE PODGE OF INFORMATION, BUT I NEEDED TO GET IT OUT SO PEOPLE CAN USE IT AS AN ALA CARTE MENU TO ADDRESS THE ISSUES IN PLAY.
Having spent close to two years monitoring the handgun issues in Connecticut, I have put together some issues that I believe need to be stated and/or addressed.
The best way to get answers is to keep asking questions and circulating the responses.
I hope that everyone begins to question the current policies, practices and beliefs of various members of public agencies.
As citizens and valid permit holders, I believe that collectively we can all live within any clear and legal set of laws and/or regulations regarding the possession and carrying of handguns.
On the other hand, I don’t believe it is possible to implement and/or comply with laws and regulations that are clearly vague and ambiguous to the average citizen.
IT APPEARS THAT NO SINGLE ADMINISTRATIVE AGENCY HAS TOTAL JURISDICTION OVER THE ISSUES TO BE ADDRESSED.
1. Department of Public Safety and the Special License and Firearms Unit
May have administrative jurisdiction over State Police personnel and SLFU decisions
May be required to hold prompt administrative hearings on denials and revocations
2. Attorney General on the applicability of State Statues regarding civil laws regarding firearms
May have administrative jurisdiction over state and local law enforcement agencies
3. Chief States Attorney on applicability of criminal laws regarding Police reports, evidence, items sized during arrests and the, (post dismissal and/or erasure), release and use of records generated during arrests.
May have administrative Jurisdiction over evidence and items seized in criminal matters
4. POST on the training and certification of local members of law enforcement.
POST is a recognized police department separate from DPS
May have administrative obligation to properly train members of local law enforcement on state laws
5. Board of Firearms Permit Examiners on the basic guidelines for determining “SUITABILITY”
May not be able to hear appeals until after a hearing by DPS
AREAS THAT SHOULDBE ADDRESSED
Initial application processfor Permits to Carry a Pistol or Revolver in Connecticut
The statutory right to make applications and receive permit approvals at any time without restriction.
Applicants may submit applications to any local issuing authority where a residence is maintained.
Applicants for permits who have more than one residence for the purpose of making permit applications are currently entitled to make application in either location where a residence is maintained.
Do current standard applications to carry a Pistol or Revolver in Connecticut require applicants to list and disclose information which is not mandated by law.
What is the end result of the Department of Public Safety'sattempt, (without success), to mandate the presentation of certain identification documents during the renewal process.
Does the current standard application to carry a Pistol or Revolver in Connecticut allow an issuing authority to demand three or more letters of reference or recommendation?
Is there a provision of the General Statutes that prohibits the submission of information that is unnecessary vague and/or ambiguous.
Is the requirementto list previous arrests that have been disposed of is vague and ambiguous when applied to an individual who does not possess a complete understanding of the judicial system.
Renewal applications for Permits to Carry a Pistol or Revolver in Connecticut
The current policies in place regarding submission of specific documentation to prove citizenship do not enjoy the approval of the Connecticut State Legislature after several attempts by DPS to mandate the policy.
If Possession and presentation of a valid permit to carry is considered prima fascia evidence to purchase a handgun in CT, then why isn't it prima fascia evidence that prior verification of eligibility for a permit was previously submitted to obtain the original
Why does the Special License and Firearms Unit use the existing Federal, State and Local resources that are currently available toprovide issuing authorities and members of law enforcement the means to promptly make various types of administrative and criminal inquiries and determine legal status, citizenship, criminal and motor vehicle history, voter registration status and other facts pertaining to applicants for pistols and revolvers.
Suitability of initial applicants and renewing and current permit holders
Are decisions regarding the suitability of applicants and current permit holders being determined in an arbitrary and capricious manner which favors certain individuals over others similarly situated without reason.
Revocation or denial of a State issued Permit to Carry Pistols or Revolvers
Do Connecticut citizen have a property right in their permit similar to those who possess drivers licenses.
Connecticut citizens must possess a valid Permit to Carry a Pistol or Revolver to purchase a handgun.
Eligibility Certificates to purchase a handgun in Connecticut
Individuals who do not possess a valid State Permit to Carry a Pistol or Revolver are currently required to pay a fee to exercise their constitutional right to bear arms as part of the possess to obtain a valid eligibility certificate prior to purchasing a handgun.
Individuals in Connecticut should not be required to pay for any permits to exercise a constitutional right.
Reinstatement or re-issuance of a revoked permit by DPS
Permits that have been confiscated and revoked after an initial investigation and required threshold finding of just cause, shouldonly be reinstated under the authority granted to, and order of, the Board of Firearms Permit Examiners.
Suspension of Permits to Carry Pistols or Revolvers
There are no provisions contained in the Connecticut General Statutes or regulations that permit the suspension of a valid permit to carry pistols or revolvers.
The period of time between confiscation and the return of a valid permit amounts to a period of suspension.
The current policies, practices and statements of the Department of Public Safety create a situation where individuals are sometimes forced to relinquish certain rights afforded by the Federal and State Constitutions.
The mere threat of being relieved of a valid permit to carry for extended periods of time generates a situation where individuals are compelled and coerced into submitting to terms and conditions which may be unwarranted by the facts.
Locations where pistols and revolvers may be carried with a valid permit
The laws regarding where a pistol or revolver may be carried by those in possession of a valid permit to do so, clearly establish the circumstances under which doing so is permitted and prohibited.
Absent the current prohibitions specifically stated in the Connecticut General Statutes, clearly visible signage prohibiting firearms or a direct verbal directive from the owner or legal representative of a particular location, piece of property or business, no violation of the law has occurred by anyone carrying a pistol or revolver while in possession of a valid permit to do so.
Open and/or Concealed Carry while in possession of a valid permit
The effect(s) of contemporary community standards and who determines same regarding open carry.
Is open carry clearly permitted except where prohibited by law or command of the property owner or their agent.
Individuals who carry an exposed holstered pistol or revolver while in possession of a valid permit to do so are not in violation of the law.
The Department of Public Safety has known and currently knows that the Connecticut General Statutes are ambiguous regarding the carrying of handguns by individuals with valid permits and member of law enforcement in Connecticut .
The Department of Public Safety has on at least two occasions attempted to have the Connecticut Legislature mandate concealment and criminalize open carry.
The simple act of carrying an exposed holstered and/or secured pistol or revolver while in possession of a valid permit to do so is NOT a reckless act or violation of any law.
Confiscation and/or seizure of valid permits during non disqualifying events
he Connecticut General Statutes regarding the confiscation of Permits to Carry Pistols or Revolvers clearly limits members of law enforcement to the confiscation or seizure of permits which are INVALID.
The laws and regulations of Connecticut mandate an investigation to the point where an initial finding of just cause is found prior to any valid permit being revoked by the issuing authority.
Valid permits may not be confiscated or revoked without a timely and completed investigation and finding of just cause by the issuing authority.
Does the law require that Written notice of a revocation be physically served upon and/or received by the permit holder before the revocation becomes active.
Does the return of an unclaimed certified mail revocation notice amount to nothing more that evidence that the permit holder DID NOT receive the required written notice as mandated by law. (Boston Case)
What is the effect of a criminal court order which directs that a permit to carry be returned upon dismissal of charges.
Non Criminal Seizure of Weapons and the requirement to obtain an at risk warrant
The requirement to obtain and possess a 29-38c at risk warrant prior to any seizure of weapons from a private residential dwelling.
The effect of an at risk warrants on firearms owned and secured by others in the residence.
Contemporary Community Standards
Who determines contemporary Community Standards in Connecticut?
If the citizens of Connecticut used "CONTEMPORARY COMMUNITY STANDARDS" to make decsions, we'd all be in trouble or doing 80 miles per hour down the interstates with no seatbelts!!
Jurisdiction of Declaratory Rulings
Do declaratory rulings rendered by the Commissioner of Public Safety have any authority over non DPS agencies whether state or local?
SOME MAY CONSIDER THIS INFORMATION TO BE A HODGE PODGE OF INFORMATION, BUT I NEEDED TO GET IT OUT SO PEOPLE CAN USE IT AS AN ALA CARTE MENU TO ADDRESS THE ISSUES IN PLAY.
Having spent close to two years monitoring the handgun issues in Connecticut, I have put together some issues that I believe need to be stated and/or addressed.
The best way to get answers is to keep asking questions and circulating the responses.
I hope that everyone begins to question the current policies, practices and beliefs of various members of public agencies.
As citizens and valid permit holders, I believe that collectively we can all live within any clear and legal set of laws and/or regulations regarding the possession and carrying of handguns.
On the other hand, I don’t believe it is possible to implement and/or comply with laws and regulations that are clearly vague and ambiguous to the average citizen.
IT APPEARS THAT NO SINGLE ADMINISTRATIVE AGENCY HAS TOTAL JURISDICTION OVER THE ISSUES TO BE ADDRESSED.
1. Department of Public Safety and the Special License and Firearms Unit
May have administrative jurisdiction over State Police personnel and SLFU decisions
May be required to hold prompt administrative hearings on denials and revocations
2. Attorney General on the applicability of State Statues regarding civil laws regarding firearms
May have administrative jurisdiction over state and local law enforcement agencies
3. Chief States Attorney on applicability of criminal laws regarding Police reports, evidence, items sized during arrests and the, (post dismissal and/or erasure), release and use of records generated during arrests.
May have administrative Jurisdiction over evidence and items seized in criminal matters
4. POST on the training and certification of local members of law enforcement.
POST is a recognized police department separate from DPS
May have administrative obligation to properly train members of local law enforcement on state laws
5. Board of Firearms Permit Examiners on the basic guidelines for determining “SUITABILITY”
May not be able to hear appeals until after a hearing by DPS
AREAS THAT SHOULDBE ADDRESSED
Initial application processfor Permits to Carry a Pistol or Revolver in Connecticut
The statutory right to make applications and receive permit approvals at any time without restriction.
Applicants may submit applications to any local issuing authority where a residence is maintained.
Applicants for permits who have more than one residence for the purpose of making permit applications are currently entitled to make application in either location where a residence is maintained.
Do current standard applications to carry a Pistol or Revolver in Connecticut require applicants to list and disclose information which is not mandated by law.
What is the end result of the Department of Public Safety'sattempt, (without success), to mandate the presentation of certain identification documents during the renewal process.
Does the current standard application to carry a Pistol or Revolver in Connecticut allow an issuing authority to demand three or more letters of reference or recommendation?
Is there a provision of the General Statutes that prohibits the submission of information that is unnecessary vague and/or ambiguous.
Is the requirementto list previous arrests that have been disposed of is vague and ambiguous when applied to an individual who does not possess a complete understanding of the judicial system.
Renewal applications for Permits to Carry a Pistol or Revolver in Connecticut
The current policies in place regarding submission of specific documentation to prove citizenship do not enjoy the approval of the Connecticut State Legislature after several attempts by DPS to mandate the policy.
If Possession and presentation of a valid permit to carry is considered prima fascia evidence to purchase a handgun in CT, then why isn't it prima fascia evidence that prior verification of eligibility for a permit was previously submitted to obtain the original
Why does the Special License and Firearms Unit use the existing Federal, State and Local resources that are currently available toprovide issuing authorities and members of law enforcement the means to promptly make various types of administrative and criminal inquiries and determine legal status, citizenship, criminal and motor vehicle history, voter registration status and other facts pertaining to applicants for pistols and revolvers.
Suitability of initial applicants and renewing and current permit holders
Are decisions regarding the suitability of applicants and current permit holders being determined in an arbitrary and capricious manner which favors certain individuals over others similarly situated without reason.
Revocation or denial of a State issued Permit to Carry Pistols or Revolvers
Do Connecticut citizen have a property right in their permit similar to those who possess drivers licenses.
Connecticut citizens must possess a valid Permit to Carry a Pistol or Revolver to purchase a handgun.
Eligibility Certificates to purchase a handgun in Connecticut
Individuals who do not possess a valid State Permit to Carry a Pistol or Revolver are currently required to pay a fee to exercise their constitutional right to bear arms as part of the possess to obtain a valid eligibility certificate prior to purchasing a handgun.
Individuals in Connecticut should not be required to pay for any permits to exercise a constitutional right.
Reinstatement or re-issuance of a revoked permit by DPS
Permits that have been confiscated and revoked after an initial investigation and required threshold finding of just cause, shouldonly be reinstated under the authority granted to, and order of, the Board of Firearms Permit Examiners.
Suspension of Permits to Carry Pistols or Revolvers
There are no provisions contained in the Connecticut General Statutes or regulations that permit the suspension of a valid permit to carry pistols or revolvers.
The period of time between confiscation and the return of a valid permit amounts to a period of suspension.
The current policies, practices and statements of the Department of Public Safety create a situation where individuals are sometimes forced to relinquish certain rights afforded by the Federal and State Constitutions.
The mere threat of being relieved of a valid permit to carry for extended periods of time generates a situation where individuals are compelled and coerced into submitting to terms and conditions which may be unwarranted by the facts.
Locations where pistols and revolvers may be carried with a valid permit
The laws regarding where a pistol or revolver may be carried by those in possession of a valid permit to do so, clearly establish the circumstances under which doing so is permitted and prohibited.
Absent the current prohibitions specifically stated in the Connecticut General Statutes, clearly visible signage prohibiting firearms or a direct verbal directive from the owner or legal representative of a particular location, piece of property or business, no violation of the law has occurred by anyone carrying a pistol or revolver while in possession of a valid permit to do so.
Open and/or Concealed Carry while in possession of a valid permit
The effect(s) of contemporary community standards and who determines same regarding open carry.
Is open carry clearly permitted except where prohibited by law or command of the property owner or their agent.
Individuals who carry an exposed holstered pistol or revolver while in possession of a valid permit to do so are not in violation of the law.
The Department of Public Safety has known and currently knows that the Connecticut General Statutes are ambiguous regarding the carrying of handguns by individuals with valid permits and member of law enforcement in Connecticut .
The Department of Public Safety has on at least two occasions attempted to have the Connecticut Legislature mandate concealment and criminalize open carry.
The simple act of carrying an exposed holstered and/or secured pistol or revolver while in possession of a valid permit to do so is NOT a reckless act or violation of any law.
Confiscation and/or seizure of valid permits during non disqualifying events
he Connecticut General Statutes regarding the confiscation of Permits to Carry Pistols or Revolvers clearly limits members of law enforcement to the confiscation or seizure of permits which are INVALID.
The laws and regulations of Connecticut mandate an investigation to the point where an initial finding of just cause is found prior to any valid permit being revoked by the issuing authority.
Valid permits may not be confiscated or revoked without a timely and completed investigation and finding of just cause by the issuing authority.
Does the law require that Written notice of a revocation be physically served upon and/or received by the permit holder before the revocation becomes active.
Does the return of an unclaimed certified mail revocation notice amount to nothing more that evidence that the permit holder DID NOT receive the required written notice as mandated by law. (Boston Case)
What is the effect of a criminal court order which directs that a permit to carry be returned upon dismissal of charges.
Non Criminal Seizure of Weapons and the requirement to obtain an at risk warrant
The requirement to obtain and possess a 29-38c at risk warrant prior to any seizure of weapons from a private residential dwelling.
The effect of an at risk warrants on firearms owned and secured by others in the residence.
Contemporary Community Standards
Who determines contemporary Community Standards in Connecticut?
If the citizens of Connecticut used "CONTEMPORARY COMMUNITY STANDARDS" to make decsions, we'd all be in trouble or doing 80 miles per hour down the interstates with no seatbelts!!
Jurisdiction of Declaratory Rulings
Do declaratory rulings rendered by the Commissioner of Public Safety have any authority over non DPS agencies whether state or local?