Edward Peruta
Regular Member
imported post
This is the latest update on getting answers regarding firearms issues in Connecticut.
On Thursday October 8, 2009 the Board of Firearms Permit Examiners voted to answer Question #3of sixteen questions submitted in a recent request fordeclaratory rulings.
If is not yet known if answers to Questions 5 and 14 will be answered, and if they are, who will provide the answers.
The Board of Firearms Permit Examiners and the Department of Public Safety are very aware of the recent decision of the Second Circuit Court of Appeals in Spinelli v. New York. The Spinelli case involved the length of time between a revocation and a hearing, an issue that has plagued Connecticut appellants who have had permits denied and revokedfor some time.
This is the question the board has chosen to answer.
"During the initial application process for a Permit to Carry Pistols and Revolvers or Eligibility Certificate, must an applicant supply upon demand, additional information beyond what has been deemed sufficient, as required and mandated in the standard state application?"
The other fifteen questions submitted are currently being reviewed by the Department of Public Safety and may result in additional answers in the future.
There is a specific timetable for responding to requests for Declaratory Rulings, and it could take several months to get any answers.
Here is a list of the questions submitted by Jack Goldberg father of James Goldberg and a retired police officer.
III. QUESTIONS ON WHICH THE DECLARATORY RULING IS SOUGHT
[/b]
Petitioner requests Declaratory Rulings on each of the following questions:
[/b][/b][/b]QUESTION 1[/b]: What authority and/or legal effect, (if any), does a Declaratory Ruling issued by the Commissioner of Public Safety have on sworn members of local law enforcement, The Board of Firearms Permit Examiners, The Connecticut Police Officers Standards and Training Council or any state or local government agency outside of the Commissioner’s Department?
QUESTION 2[/b]: Are current holders of valid Permits to Carry Pistols and Revolvers required by law or regulation to submit additional Identifying documents beyond the currently issued valid Permit to Carry in order to renew their permit, and is a valid current permit to carry positive Identification for renewal purposes?
QUESTION 3[/b]: During the initial application process for a Permit to Carry Pistols and Revolvers or Eligibility Certificate, must an applicant supply upon demand, additional information beyond what has been deemed sufficient, as required and mandated in the standard state application? (To be answered by the Board of Firearms Permit Examiners)
QUESTION 4[/b]: In cases where individuals have more than one residence in the State of Connecticut, can the applicant choose the residence and jurisdiction to make application for a Temporary State Permit to Carry Pistols and Revolvers or Eligibility Certificate?
QUESTION 5[/b]: Is it currently permissible under state law for individuals to carry a pistol or revolver openly or concealed while in possession of a valid State Permit to Carry Pistols or Revolvers?
QUESTION 6[/b]: Is service of a written revocation notification, (by in person hand delivery if necessary), mandatory if the revoking authority is NOT able to serve the notice of revocation by certified mail upon a person in possession of a Permit to Carry Pistols or Revolvers?
QUESTION 7[/b]: Does any current State Statute or any regulation allow for confiscation of Valid Permits to Carry Pistols and Revolvers by State or Local Law Enforcement Agencies or employees during an incident or arrest for a non disqualifying crime or infraction?
QUESTION 8[/b]: Is it legally permissible to carry exposed or concealed firearms in areas not prohibited by law or following notice by the owner of the location/property and if so, under what circumstances must a permit holder received notification from the owner that firearms are prohibited?
QUESTION 9[/b]: Is a pro rated financial credit of permit fees paid or an extension of the Permit or Certificate expiration date mandated in situations where the permit or certificate was confiscated or revoked illegally or without just cause?
QUESTION 10[/b]: Does the current statutory age requirement of 21 to obtain a State of Connecticut Eligibility Certificate or receive ownership of a handgun violate any State or Federal constitutional rights of 18, 19, and 20 year old residents?
QUESTION 11[/b]: Does the current statutory requirement to pay fees at the time of initial application or renewal of Eligibility Certificates hinder, restrict or deny the constitutional right to purchase, transport and/or possess handguns in a private residence?
QUESTION 12[/b]: Must members of law enforcement apply for and possess a court issued At Risk Warrant prior to the non criminal seizure of firearms from an individual or residence?
QUESTION 13[/b]: May a non felon legally possess firearms in his or her residence if the residence is co-occupied by a convicted felon if the weapons are secured and not accessible to the felon who cohabitates with the owner of the firearm(s).
QUESTION 14[/b]: Is carrying a holstered or properly secured, (not in the hand), openly exposed firearm while in possession of a valid permit to do so an element of any Connecticut Breach of Peace or Disorderly Conduct statutes?
QUESTION 15[/b]: Must an individual who is not the subject of an At Risk Warrant issued in accordance with the provisions of CGS 29-38c surrender or remove their personally owned firearms and give up any related constitutional rights, (Federal and State), if another member of their household is the subject of an active At Risk Warrant?
[/b]
QUESTION 16[/b]: [/b]Does an individual in possession of a valid Permit to Carry Pistols or Revolvers have any type of property right in the permit?
It is my understanding thatfailure to provide timely answer(s) or disagreement with any specific answer(s) renderedmay be appealed to the Superior Court.
This is the latest update on getting answers regarding firearms issues in Connecticut.
On Thursday October 8, 2009 the Board of Firearms Permit Examiners voted to answer Question #3of sixteen questions submitted in a recent request fordeclaratory rulings.
If is not yet known if answers to Questions 5 and 14 will be answered, and if they are, who will provide the answers.
The Board of Firearms Permit Examiners and the Department of Public Safety are very aware of the recent decision of the Second Circuit Court of Appeals in Spinelli v. New York. The Spinelli case involved the length of time between a revocation and a hearing, an issue that has plagued Connecticut appellants who have had permits denied and revokedfor some time.
This is the question the board has chosen to answer.
"During the initial application process for a Permit to Carry Pistols and Revolvers or Eligibility Certificate, must an applicant supply upon demand, additional information beyond what has been deemed sufficient, as required and mandated in the standard state application?"
The other fifteen questions submitted are currently being reviewed by the Department of Public Safety and may result in additional answers in the future.
There is a specific timetable for responding to requests for Declaratory Rulings, and it could take several months to get any answers.
Here is a list of the questions submitted by Jack Goldberg father of James Goldberg and a retired police officer.
III. QUESTIONS ON WHICH THE DECLARATORY RULING IS SOUGHT
[/b]
Petitioner requests Declaratory Rulings on each of the following questions:
[/b][/b][/b]QUESTION 1[/b]: What authority and/or legal effect, (if any), does a Declaratory Ruling issued by the Commissioner of Public Safety have on sworn members of local law enforcement, The Board of Firearms Permit Examiners, The Connecticut Police Officers Standards and Training Council or any state or local government agency outside of the Commissioner’s Department?
QUESTION 2[/b]: Are current holders of valid Permits to Carry Pistols and Revolvers required by law or regulation to submit additional Identifying documents beyond the currently issued valid Permit to Carry in order to renew their permit, and is a valid current permit to carry positive Identification for renewal purposes?
QUESTION 3[/b]: During the initial application process for a Permit to Carry Pistols and Revolvers or Eligibility Certificate, must an applicant supply upon demand, additional information beyond what has been deemed sufficient, as required and mandated in the standard state application? (To be answered by the Board of Firearms Permit Examiners)
QUESTION 4[/b]: In cases where individuals have more than one residence in the State of Connecticut, can the applicant choose the residence and jurisdiction to make application for a Temporary State Permit to Carry Pistols and Revolvers or Eligibility Certificate?
QUESTION 5[/b]: Is it currently permissible under state law for individuals to carry a pistol or revolver openly or concealed while in possession of a valid State Permit to Carry Pistols or Revolvers?
QUESTION 6[/b]: Is service of a written revocation notification, (by in person hand delivery if necessary), mandatory if the revoking authority is NOT able to serve the notice of revocation by certified mail upon a person in possession of a Permit to Carry Pistols or Revolvers?
QUESTION 7[/b]: Does any current State Statute or any regulation allow for confiscation of Valid Permits to Carry Pistols and Revolvers by State or Local Law Enforcement Agencies or employees during an incident or arrest for a non disqualifying crime or infraction?
QUESTION 8[/b]: Is it legally permissible to carry exposed or concealed firearms in areas not prohibited by law or following notice by the owner of the location/property and if so, under what circumstances must a permit holder received notification from the owner that firearms are prohibited?
QUESTION 9[/b]: Is a pro rated financial credit of permit fees paid or an extension of the Permit or Certificate expiration date mandated in situations where the permit or certificate was confiscated or revoked illegally or without just cause?
QUESTION 10[/b]: Does the current statutory age requirement of 21 to obtain a State of Connecticut Eligibility Certificate or receive ownership of a handgun violate any State or Federal constitutional rights of 18, 19, and 20 year old residents?
QUESTION 11[/b]: Does the current statutory requirement to pay fees at the time of initial application or renewal of Eligibility Certificates hinder, restrict or deny the constitutional right to purchase, transport and/or possess handguns in a private residence?
QUESTION 12[/b]: Must members of law enforcement apply for and possess a court issued At Risk Warrant prior to the non criminal seizure of firearms from an individual or residence?
QUESTION 13[/b]: May a non felon legally possess firearms in his or her residence if the residence is co-occupied by a convicted felon if the weapons are secured and not accessible to the felon who cohabitates with the owner of the firearm(s).
QUESTION 14[/b]: Is carrying a holstered or properly secured, (not in the hand), openly exposed firearm while in possession of a valid permit to do so an element of any Connecticut Breach of Peace or Disorderly Conduct statutes?
QUESTION 15[/b]: Must an individual who is not the subject of an At Risk Warrant issued in accordance with the provisions of CGS 29-38c surrender or remove their personally owned firearms and give up any related constitutional rights, (Federal and State), if another member of their household is the subject of an active At Risk Warrant?
[/b]
QUESTION 16[/b]: [/b]Does an individual in possession of a valid Permit to Carry Pistols or Revolvers have any type of property right in the permit?
It is my understanding thatfailure to provide timely answer(s) or disagreement with any specific answer(s) renderedmay be appealed to the Superior Court.
