Edward Peruta
Regular Member
imported post
[align=left]Regarding the current $50.00 fee being assessed in the Permit to Carry application process as shown on the current DPS-799-C.
I believe that DPS is improperly charging a fee to PERSONS who are required to submit to a state and national criminal history records check.
The applicants must by law submit to the mandated background checks which are submitted by issuing authorities at NO COST.
[/align]
[align=center]FACTS & COMMENTS[/align]
[align=left]Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for such permit gives to the local authority, upon its request, full information concerning the applicant's criminal record. The local authority shall require[/b] the applicant to submit to state and national criminal history records checks[/b]. The local authority shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry any such weapons.
Comment: I appears that an applicant must submit to a state and national criminal history check, but is not required to do the actual submission of the request. The issuing authority would submit the request.
[/b]
(b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation[/b], unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid[/b]. The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.
[/b]
(c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received.[/b] Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.
(d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.
(e) No state permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check.
Comment: (Available via computer terminal at State and Local law enforcement agencies without fingerprint cards).[/b]
[/b]
[/b]Sec. 29-17a. Criminal history records checks. Procedure. Fees. (a) If a criminal history records check is required pursuant to any provision of the general statutes, such check shall be requested from the State Police Bureau of Identification and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by the State Police Bureau of Identification[/b] and, if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive identifying information[/b] shall be forwarded to the State Police Bureau of Identification which shall conduct a state criminal history records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check[/b], unless the Federal Bureau of Investigation permits direct submission[/b] of the fingerprints or other positive identifying information by the requesting party[/b].
(b) The Commissioner of Public Safety may charge fees for conducting criminal history background checks as follows:
(1) Except as provided in subdivision (2) of this subsection, for a person[/b] requesting (A) a state criminal history records check, the fee charged by the Department of Public Safety for performing such check, and (B) a national criminal history records check, the fee charged by the Federal Bureau of Investigation for performing such check.
Comments: If the criminal history records check is requested by a local issuing authority rather than a person, no fee would apply.
There appears to be no statutory authority to charge local police departments for STATE CRIMINAL HISTORY RECORD CHECKS.
[/b][/b]
(2) For a state agency requesting [/b]a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency[/b] shall reimburse the Department of Public Safety for such cost. Unless otherwise provided by the provision of the general statutes requiring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision.
Comments: If the criminal history records check is submitted and requested by a local issuing authority rather than a person, no fee would apply.
There appears to be no statutory authority to charge local police departments for STATE CRIMINAL HISTORY RECORD CHECKS.
[/b][/b]
(c) The Commissioner of Public Safety may[/b] provide an expedited service for persons requesting criminal history records checks in accordance with this section[/b]. Such expedited service shall include making the results of such records checks available to the requesting party through the Internet[/b]. The commissioner may enter into a contract with any person, firm or corporation to establish and administer such expedited service. The commissioner shall charge, in addition to the fees charged pursuant to subsection (b) of this section, a fee of twenty-five dollars for each expedited criminal history record check provided[/b]. The fee charged pursuant to subsection (b) of this section and the expedited service fee charged pursuant to this subsection shall be paid by the requesting party in such manner as may be required by the commissioner.
(P.A. 01-175, S. 31, 32; P.A. 05-267, S. 1.)
History: P.A. 01-175 effective July 1, 2001; P.A. 05-267 added Subsec. (c) re expedited service.
See Secs. 10-221d, 12-559, 12-578, 12-586f, 12-586g, 12-815a, 14-44, 17a-151, 17b-749k, 17b-750, 18-81l, 19a-80, 19a-87b, 19a-491b, 21-40, 21-100, 22a-6m, 29-29, 29-36g, 29-145, 29-152f, 29-155, 29-156a, 29-349, and 38a-660 re using criminal history records checks in accordance with Sec. 29-17a.
See Sec. 17a-6a re criminal history records checks for applicants for positions with the Department of Children and Families.
See Sec. 17a-114 re criminal history records checks for persons sixteen years of age or older living in household of child placement applicant.
The budget as passed HB 6802 with Amendments A and C. Some of the language includes:
[/b]
(a) The fee for each permit originally issued under the provisions of subsection (a) of section 29-28 for the sale at retail of pistols and revolvers shall be [one] two hundred dollars and for each renewal thereof [one] two hundred dollars. The fee for each state permit originally issued under the provisions of subsection (b) of section 29-28 for the carrying of pistols and revolvers shall be [seventy] one hundred forty dollars plus sufficient funds as required to be transmitted to the Federal Bureau of Investigation to cover the cost of a national criminal history records check.[/b] The local authority shall forward sufficient funds for the national criminal history records check[/b] to the commissioner no later than five business days after receipt by the local authority of the application for the temporary state permit. Thirty-five dollars shall be retained by the local authority. Upon approval by the local authority of the application for a temporary state permit, [thirty-five] seventy dollars shall be sent to the commissioner. The fee to renew each state permit originally issued under the provisions of subsection (b) of section 29-28 shall be [thirty-five] seventy dollars. Upon deposit of such fees in the General Fund, ten dollars of each fee shall be credited within thirty days to the appropriation for the Department of Public Safety to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28.
and
(1) Resident firearms hunting license, [fourteen] twenty-eight dollars; (2) resident fishing license, [twenty] forty dollars; (3) resident marine waters fishing license, thirty dollars; (4) one-day resident marine waters fishing license, fifteen dollars; (5) resident all-waters fishing license, fifty dollars; (6) resident combination license to [firearms hunt and] fish in inland waters and firearms hunt, [twenty-eight] fifty-six dollars; [(4)] (7) resident combination license to fish in marine waters and firearms hunt, fifty dollars; (8) resident combination license to fish in all waters and firearms hunt, sixty dollars; (9) resident combination license to fish in all waters and bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, eighty-four dollars; (10) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit issued pursuant to section 26-86a, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred sixteen dollars; (11) resident archery super sport license to fish in all waters, bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred four dollars; (12) resident trapping license, [twenty-five] fifty dollars; [(5)] (13) resident junior trapping license for persons under sixteen years of age, [three] fifteen dollars; [(6)] (14) junior firearms hunting license, [three] fifteen dollars; [(7)] (15) nonresident firearms hunting license, [sixty-seven] one hundred thirty-four dollars; [(8)] (16) nonresident inland waters fishing license, [forty] eighty dollars; [(9)] (17) nonresident inland waters fishing license for a period of three consecutive days, [sixteen] thirty-two dollars; [(10)] (18) nonresident marine waters fishing license, sixty dollars; (19) nonresident marine waters fishing license for a period of three consecutive days, twenty-four dollars; (20) nonresident all-waters fishing license, one hundred dollars; (21) nonresident combination license to firearms hunt and inland waters fish, [eighty-eight] one hundred seventy-six dollars; [and (11)] (22) nonresident combination license to fish in all waters and firearms hunt, one hundred ninety dollars; (23) nonresident combination license to fish in marine waters and firearms hunt, one hundred seventy dollars; and (24) nonresident trapping license, two hundred fifty dollars. Persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31 may be issued [a lifetime] an annual license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The town clerk shall retain a recording fee of one dollar for each license issued by him.
[/align]
[align=left]Regarding the current $50.00 fee being assessed in the Permit to Carry application process as shown on the current DPS-799-C.
I believe that DPS is improperly charging a fee to PERSONS who are required to submit to a state and national criminal history records check.
The applicants must by law submit to the mandated background checks which are submitted by issuing authorities at NO COST.
[/align]
[align=center]FACTS & COMMENTS[/align]
[align=left]Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for such permit gives to the local authority, upon its request, full information concerning the applicant's criminal record. The local authority shall require[/b] the applicant to submit to state and national criminal history records checks[/b]. The local authority shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry any such weapons.
Comment: I appears that an applicant must submit to a state and national criminal history check, but is not required to do the actual submission of the request. The issuing authority would submit the request.
[/b]
(b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation[/b], unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid[/b]. The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.
[/b]
(c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received.[/b] Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.
(d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.
(e) No state permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check.
Comment: (Available via computer terminal at State and Local law enforcement agencies without fingerprint cards).[/b]
[/b]
[/b]Sec. 29-17a. Criminal history records checks. Procedure. Fees. (a) If a criminal history records check is required pursuant to any provision of the general statutes, such check shall be requested from the State Police Bureau of Identification and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by the State Police Bureau of Identification[/b] and, if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive identifying information[/b] shall be forwarded to the State Police Bureau of Identification which shall conduct a state criminal history records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check[/b], unless the Federal Bureau of Investigation permits direct submission[/b] of the fingerprints or other positive identifying information by the requesting party[/b].
(b) The Commissioner of Public Safety may charge fees for conducting criminal history background checks as follows:
(1) Except as provided in subdivision (2) of this subsection, for a person[/b] requesting (A) a state criminal history records check, the fee charged by the Department of Public Safety for performing such check, and (B) a national criminal history records check, the fee charged by the Federal Bureau of Investigation for performing such check.
Comments: If the criminal history records check is requested by a local issuing authority rather than a person, no fee would apply.
There appears to be no statutory authority to charge local police departments for STATE CRIMINAL HISTORY RECORD CHECKS.
[/b][/b]
(2) For a state agency requesting [/b]a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency[/b] shall reimburse the Department of Public Safety for such cost. Unless otherwise provided by the provision of the general statutes requiring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision.
Comments: If the criminal history records check is submitted and requested by a local issuing authority rather than a person, no fee would apply.
There appears to be no statutory authority to charge local police departments for STATE CRIMINAL HISTORY RECORD CHECKS.
[/b][/b]
(c) The Commissioner of Public Safety may[/b] provide an expedited service for persons requesting criminal history records checks in accordance with this section[/b]. Such expedited service shall include making the results of such records checks available to the requesting party through the Internet[/b]. The commissioner may enter into a contract with any person, firm or corporation to establish and administer such expedited service. The commissioner shall charge, in addition to the fees charged pursuant to subsection (b) of this section, a fee of twenty-five dollars for each expedited criminal history record check provided[/b]. The fee charged pursuant to subsection (b) of this section and the expedited service fee charged pursuant to this subsection shall be paid by the requesting party in such manner as may be required by the commissioner.
(P.A. 01-175, S. 31, 32; P.A. 05-267, S. 1.)
History: P.A. 01-175 effective July 1, 2001; P.A. 05-267 added Subsec. (c) re expedited service.
See Secs. 10-221d, 12-559, 12-578, 12-586f, 12-586g, 12-815a, 14-44, 17a-151, 17b-749k, 17b-750, 18-81l, 19a-80, 19a-87b, 19a-491b, 21-40, 21-100, 22a-6m, 29-29, 29-36g, 29-145, 29-152f, 29-155, 29-156a, 29-349, and 38a-660 re using criminal history records checks in accordance with Sec. 29-17a.
See Sec. 17a-6a re criminal history records checks for applicants for positions with the Department of Children and Families.
See Sec. 17a-114 re criminal history records checks for persons sixteen years of age or older living in household of child placement applicant.
The budget as passed HB 6802 with Amendments A and C. Some of the language includes:
[/b]
(a) The fee for each permit originally issued under the provisions of subsection (a) of section 29-28 for the sale at retail of pistols and revolvers shall be [one] two hundred dollars and for each renewal thereof [one] two hundred dollars. The fee for each state permit originally issued under the provisions of subsection (b) of section 29-28 for the carrying of pistols and revolvers shall be [seventy] one hundred forty dollars plus sufficient funds as required to be transmitted to the Federal Bureau of Investigation to cover the cost of a national criminal history records check.[/b] The local authority shall forward sufficient funds for the national criminal history records check[/b] to the commissioner no later than five business days after receipt by the local authority of the application for the temporary state permit. Thirty-five dollars shall be retained by the local authority. Upon approval by the local authority of the application for a temporary state permit, [thirty-five] seventy dollars shall be sent to the commissioner. The fee to renew each state permit originally issued under the provisions of subsection (b) of section 29-28 shall be [thirty-five] seventy dollars. Upon deposit of such fees in the General Fund, ten dollars of each fee shall be credited within thirty days to the appropriation for the Department of Public Safety to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28.
and
(1) Resident firearms hunting license, [fourteen] twenty-eight dollars; (2) resident fishing license, [twenty] forty dollars; (3) resident marine waters fishing license, thirty dollars; (4) one-day resident marine waters fishing license, fifteen dollars; (5) resident all-waters fishing license, fifty dollars; (6) resident combination license to [firearms hunt and] fish in inland waters and firearms hunt, [twenty-eight] fifty-six dollars; [(4)] (7) resident combination license to fish in marine waters and firearms hunt, fifty dollars; (8) resident combination license to fish in all waters and firearms hunt, sixty dollars; (9) resident combination license to fish in all waters and bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, eighty-four dollars; (10) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit issued pursuant to section 26-86a, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred sixteen dollars; (11) resident archery super sport license to fish in all waters, bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred four dollars; (12) resident trapping license, [twenty-five] fifty dollars; [(5)] (13) resident junior trapping license for persons under sixteen years of age, [three] fifteen dollars; [(6)] (14) junior firearms hunting license, [three] fifteen dollars; [(7)] (15) nonresident firearms hunting license, [sixty-seven] one hundred thirty-four dollars; [(8)] (16) nonresident inland waters fishing license, [forty] eighty dollars; [(9)] (17) nonresident inland waters fishing license for a period of three consecutive days, [sixteen] thirty-two dollars; [(10)] (18) nonresident marine waters fishing license, sixty dollars; (19) nonresident marine waters fishing license for a period of three consecutive days, twenty-four dollars; (20) nonresident all-waters fishing license, one hundred dollars; (21) nonresident combination license to firearms hunt and inland waters fish, [eighty-eight] one hundred seventy-six dollars; [and (11)] (22) nonresident combination license to fish in all waters and firearms hunt, one hundred ninety dollars; (23) nonresident combination license to fish in marine waters and firearms hunt, one hundred seventy dollars; and (24) nonresident trapping license, two hundred fifty dollars. Persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31 may be issued [a lifetime] an annual license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The town clerk shall retain a recording fee of one dollar for each license issued by him.
[/align]
