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Thread: NEWS FLASH - Permit Application Info

  1. #1
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    For those wondering about all the additional forms being required as part of the standard Permit to Carry Application process, read this:

    Opinion of the Connecticut Attorney General dated July 9, 1968.[/b]

    [/b]This opinion if it exists, predates the internet and the list of opinions on the Attorney General's website whichonly list opinonsfrom 1990 to present.[/b]

    [/b]Time to do some more research!!!
    [/b]
    [/b]
    RUMOR HAS IT THAT in an opinion dated July 9, 1968, the Attorney General said "The clear and obvious intent of the General Assembly was to provide a uniform application for state-wide use by all issuing authorities. The authority to prescribe such a form having been granted to the Commissioner of Public Safety, a municipal police department may not alter, change, or add to the prescribed form no matter how laudable the intent or motive for doing so."

    [/b]

  2. #2
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    In PA, that same thing is WRITTEN INTO LAW!...

    and yet there are still sheriffs (issuing authority in PA) in certain counties that add additional restrictions on their own...some insist references must be from same county, some add additional pages, some even require applicant to take a form to local PD and pay that fee.

    If you refuse to follow their whim, they refuse to accept the application.
    § 6109. Licenses.
    (a) Purpose of license.--A license to carry a firearm shall
    be for the purpose of carrying a firearm concealed on or about
    one's person or in a vehicle throughout this Commonwealth.
    (b) Place of application.--An individual who is 21 years of
    age or older may apply to a sheriff for a license to carry a
    firearm concealed on or about his person or in a vehicle within
    this Commonwealth. If the applicant is a resident of this
    Commonwealth, he shall make application with the sheriff of the
    county in which he resides or, if a resident of a city of the
    first class, with the chief of police of that city.
    (c) Form of application and content.--The application for a
    license to carry a firearm shall be uniform throughout this
    Commonwealth and shall be on a form prescribed by the
    Pennsylvania State Police. The form may contain provisions, not
    exceeding one page, to assure compliance with this section.
    Issuing authorities shall use only the application form
    prescribed by the Pennsylvania State Police.
    States donít have rights. People do.

  3. #3
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    And the reason they do what they want is because no one challenges them. Obvious abuse of power and infringement on rights.

  4. #4
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    Couple weeks ago I mailed a letter to the PA State Police asking about it. I also included a list of the county fees...as the fee is supposed to be uniform as well.

    Still waiting for a response.
    States donít have rights. People do.

  5. #5
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    I applaud your questioning their practices. We need more people like that. I hope you get an answer soon.

  6. #6
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    Here it is, just picked up from the Attorney General's Office.

    I scanned it into microsoft word so that I may post it here.

    Every Firearms Instructor should copy and paste it into a document and then give a copy to every student so they may provide it to any local issuing authority that asks for addiitonal information.

    [size=]




    FIREARMS-APPLICATION FOR PERMIT-LOCAL AUTHORITIES


    Since the application form for a permit to carry firearms is prescribed by the Commissioner of State Police, local authorities cannot require a supplemental application or change the form of the prescribed application.

    Jul[/b]y [/b]9, 1968 [/b]

    State Board of Firearms Permit Examiners
    151 Farmington Avenue D-4

    Hartford, Connecticut



    Attention: Mr. James E. Murray, III, Chairman

    Gentlemen:

    Receipt is acknowledged of your letter dated June 18, 1968 wherein you inquire whether a municipal police department may require a supplemental application for a permit to carry a pistol in addition to the application prescribed by the Commissioner of State Police.

    Section 29-28(a), Conn. Gen. Stat., Rev. of 1958, as amended, provides
    in relevant part that:

    "Requests for permits under section 29-28 shall be submitted to the issuing authority on application forms prescribed by the commissioner of state police . . ."

    The term "prescribe" means to lay down authoritatively as a guide, direction or rule; to impose as a peremptory order; to dictate; to point; to direct; to give as a guide, direction or rule of action; to give law.

    Black's Law Dictionary, 4th Ed.

    If the legislature had intended that each municipal police department devise an appropriate application form for the carrying of handguns it would not have expressly provided that the application forms be prescribed by the Commissioner of State Police. The clear and obvious intent of the General Assembly was to provide a uniform application for state-wide use by all issuing authorities. The authority to prescribe such a form having been granted to the Commissioner of State Police, a municipal police department may not alter, change or add to the prescribed form no matter how laudable the intent or motive for doing so. Suggested changes may be forwarded to the Commissioner of State Police for his consideration.

    In view of the above, it, is our opinion that a municipal police department may not require a supplemental application for a permit to carry a pistol in addition to the application prescribed by the Commissioner of State Police.

    Your letter also inquires whether a municipal police department may require that an application for a permit to carry a pistol be notarized. The application form prescribed by the Commissioner of State Police does not require notarization. Accordingly, the answer to this inquiry is in the negative for the reasons already noted above.

    Very truly yours,

    Robert K. Killian
    Attorney General


    By: Robert L. Hirtle, Jr.
    Assistant Attorney General






  7. #7
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    That is fantastic to read!

  8. #8
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    Ed,

    Can you scan as an image? Pref with letterhead from AG office. Word docs don't hold up because they can be altered at will.

    I will forward a PDF to my instructor once posted.

    Thanks,

  9. #9
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    I have scanned the 1968 AGs Opinion that was provided, it was copied out of a book from two pages. I taped the two pages together to scan it into Microsoft word.

    The Board of Firearms Permit Examiners has been provided with this opinion.

    edperuta@amcable.tv

  10. #10
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    Thanks!

  11. #11
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    Edward Peruta wrote:
    I have scanned the 1968 AGs Opinion that was provided, it was copied out of a book from two pages. I taped the two pages together to scan it into Microsoft word.

    The Board of Firearms Permit Examiners has been provided with this opinion.

    edperuta@amcable.tv
    Written in the time when AG's would actually come out and say something definitive instead of waffling around the subject not admitting anything one way or the other.

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