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Attorneys call cop’s gun case ‘misunderstanding’

PatMcCotter

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Attorneys call cop’s gun case ‘misunderstanding’
Published: Friday, October 2, 2009
By William Kaempffer, Register Staff

NEW HAVEN — Attorneys for a Waterbury police sergeant accused of improperly selling or transferring seven firearms — including one that later was used in five different New Haven shootings — described the case as a “misunderstanding” and said their client is innocent.

Harold David Setzer, 41, of Davis Street, New Haven, made a brief appearance in Superior Court Thursday. No plea was entered and the case was transferred to the “Part A” courthouse at 235 Church St. where more serious matters are heard.

Setzer is on paid leave from the Waterbury force.

Attorney Michael Jefferson, who is representing Setzer along with Hamden attorney Frank Cannatelli, called Setzer a “decorated police officer” who once coached Jefferson’s son in Little League.

“It is a misunderstanding and David is anxious to have his day in court,” Jefferson said outside the courthouse. “Right now, David is anxious to get on with his life and pursue this and clear his name.”

Asked if his client was illegally selling guns, he replied, “Absolutely not. That’s ridiculous.”

According to New Haven police, two firearms that belonged to the 17-year police officer ended up in the hands of convicted felons, and seven other firearms registered to him remain unaccounted for, police said.

Setzer faces seven counts of illegal transfer or sale of a firearm, along with charges of manufacture of bombs, criminal possession of an assault weapon, illegal possession of explosives, illegal possession of firearms and risk of injury to a minor. The bulk of the charges stem from a search warrant police executed at Setzer’s house in August. The risk charge apparently was filed because the fireworks and explosive shells were in his home that he shares with his 15-year-old son.

Over the last seven months, Setzer hit the Police Department’s radar screen in three guns cases, but the final two appear to be what put him in the cross hairs of a criminal probe.

According to police, Setzer in March reported two firearms stolen from his vehicle. Two months later, one of the guns, a .357 revolver, was recovered.

Then in June, police arrested a 24-year-old man with a .32-caliber pistol. It was registered to Setzer and hadn’t been reported stolen. When police inquired, Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation.

The third incident occurred Aug. 8. Police arrested three felons in possession of another one of Setzer’s guns, this one a .40-caliber police later learned had been used in a shootout outside a Humphrey Street bar. That gun hadn’t been reported stolen.

State police records show Setzer has 23 firearms registered to him. Fifteen have been seized by police, one remains an unrecovered stolen firearm and seven are unaccounted for.

Setzer told them he, at one point, had about 65 weapons but sold most to gun dealers when he encountered financial problems three or four years ago. He claimed he had 16 left.

Setzer has been a firearms instructor at the Waterbury force for more than a decade.
 

Lenny Benedetto

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I hope for his sake that it is a "big misunderstanding". Since I only know the details in this post and had not even heard about this before. I say that it does not look good for him.
I am surprised that there was not more publicity about this case?!?!?!?

Maybe because he is a cop it has been kept low profile. I know if it was one of us regular people we probably would have made national news with such a story. IMHO
 

Lon

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Lenny Benedetto wrote:
I am surprised that there was not more publicity about this case?!?!?!?

It was all over television (including a couple of NYC stations) and the newspapers when the story broke.
 

ESCH

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Yeah, this was a while ago. He has finally made it to court.

A misunderstanding? That is quite a large group of different charges to all be misunderstandings. I think the misunderstanding might have been that he felt he was above the law.

This is the first time I have read the report that he drags someone else into it. He states he sold weapons to Bethany Firearms and then they end up in crimes with felons? He better have proof. Oh yeah, he can't find any...

I don't like to comment much before cases are settled but this strikes a nerve with me. Some things are going to be pretty cut and dry. Illegal possesion of assault weapon. Explosives (illegal fireworks I believe from a previous story) risk of injury to a minorassociated with such. Guns missing and no report of lost/stolen. Not hard for the state to prove I'm afraid. We shall see.
 

midnight61

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"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."

I can think of only one dealer in Bethany and I find it highly unlikely for the paper trail to disappear.
 

Citizen

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midnight61 wrote:
"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."
Is there a requirement in that state that you keep documentation to prove you bought or sold a gun?
 

midnight61

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Citizen wrote:
midnight61 wrote:
"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."
Is there a requirement in that state that you keep documentation to prove you bought or sold a gun?
"If you are selling a handgun, the purchaser must have a CT Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must fill out the DPS-67 and wait 14 days before the firearm can be transferred. The seller must send the completed form immediately to State and Local Police to start the 14 day waiting period. After the waiting period, the DPS-3 must also be completed. If the purchaser possesses a valid CT. Pistol Permit, CT. Hunting License, or is a sworn Police Officer or an active member of the U.S. armed forces, the waiting period and paperwork requirement is waived. In both cases, the seller must keep a copy of all related paperwork for 5 years."
 

Citizen

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midnight61 wrote:
Citizen wrote:
midnight61 wrote:
"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."
Is there a requirement in that state that you keep documentation to prove you bought or sold a gun?
"If you are selling a handgun, the purchaser must have a CT Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must fill out the DPS-67 and wait 14 days before the firearm can be transferred. The seller must send the completed form immediately to State and Local Police to start the 14 day waiting period. After the waiting period, the DPS-3 must also be completed. If the purchaser possesses a valid CT. Pistol Permit, CT. Hunting License, or is a sworn Police Officer or an active member of the U.S. armed forces, the waiting period and paperwork requirement is waived. In both cases, the seller must keep a copy of all related paperwork for 5 years."
Thanks.
 

midnight61

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Citizen wrote:
midnight61 wrote:
Citizen wrote:
midnight61 wrote:
"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."
Is there a requirement in that state that you keep documentation to prove you bought or sold a gun?
"If you are selling a handgun, the purchaser must have a CT Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must fill out the DPS-67 and wait 14 days before the firearm can be transferred. The seller must send the completed form immediately to State and Local Police to start the 14 day waiting period. After the waiting period, the DPS-3 must also be completed. If the purchaser possesses a valid CT. Pistol Permit, CT. Hunting License, or is a sworn Police Officer or an active member of the U.S. armed forces, the waiting period and paperwork requirement is waived. In both cases, the seller must keep a copy of all related paperwork for 5 years."
Thanks.
My g/f was considering buying me a sidearm that I love as a xmas gift but we would have to go through the whole process again (as stated above), so my FFL dealer said it's easier to buy me a gift certificate from him instead so we only have to go through the sale process once. Of course Xmas morning wouldn't be as fun when we open gifts.
 

KBCraig

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midnight61 wrote:
"If you are selling a handgun, the purchaser must have a CT Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must fill out the DPS-67 and wait 14 days before the firearm can be transferred. The seller must send the completed form immediately to State and Local Police to start the 14 day waiting period. After the waiting period, the DPS-3 must also be completed. If the purchaser possesses a valid CT. Pistol Permit, CT. Hunting License, or is a sworn Police Officer or an active member of the U.S. armed forces, the waiting period and paperwork requirement is waived. In both cases, the seller must keep a copy of all related paperwork for 5 years."
So much for the idea that CT doesn't have handgun registration, eh?
 

ccwinstructor

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Citizen wrote:
midnight61 wrote:
Citizen wrote:
midnight61 wrote:
"Setzer told detectives he had traded in the weapon at a Bethany gun dealer, but police say he couldn’t provide documentation."
Is there a requirement in that state that you keep documentation to prove you bought or sold a gun?
"If you are selling a handgun, the purchaser must have a CT Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must fill out the DPS-67 and wait 14 days before the firearm can be transferred. The seller must send the completed form immediately to State and Local Police to start the 14 day waiting period. After the waiting period, the DPS-3 must also be completed. If the purchaser possesses a valid CT. Pistol Permit, CT. Hunting License, or is a sworn Police Officer or an active member of the U.S. armed forces, the waiting period and paperwork requirement is waived. In both cases, the seller must keep a copy of all related paperwork for 5 years."
Thanks.
All of that required to exercise a constitutional right. It is absurd. If you have to go through all of that, you don't have a right, you have a privelige.
 

Lon

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KBCraig wrote:
So much for the idea that CT doesn't have handgun registration, eh?

Only of firearms purchased/transferred in Connecticut. There is no requirement to register firearms owned before moving into the state.

So the answer is Yes and No.

In the case of moving into the state with existing guns, DPS will tell you it's a good idea in case of loss or theft, but it not required. Since I have complete information, including photos, of everything I brought with me, I declined their offer. :lol:
 
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