imported post
Sgt. Mancini,
Your recent email response to my question on payments and copies of State Criminal History Records Checks creates more questions than it answers.
DPS has in fact instituted a policy of collecting fees from applicants for Permits to Carry Pistols and Revolvers.
I am well aware of the request for a Declaratory Ruling on the topic of charging applicants for STATE criminal history records checks and believe the request is limited to the legality of making individuals pay the fee without legislative authorization.
If you could, please provide the date that the Declaratory Ruling was requested and the current status and expected date it will be rendered by DPS.
[/b]
When the fee was first imposed upon applicants, questions of the authority to do so were raised and asked.
DPS has stated that this policy was instituted and based on DPS’s belief that it is the applicant requesting the background check and NOT the issuing authority which historically was the requesting agency and exempt from such fees by statute.
If in fact it is the applicant who is
requesting and paying for[/b] the background checks, regardless of any pending requests for Declaratory Judgments, shouldn’t the applicant be entitled to a copy of what they are paying for at the same time it is sent or returned to the local issuing authority?
Common sense should prevail on this very simple topic!!!
Edward Peruta
HISTORY OF THIS REQUEST:[/b]
DPS RESPONSE:
Dear Mr. Peruta:
The issue raised below is the subject of a pending declaratory ruling request being considered by DPS, making a response in this context inappropriate. Should the ruling not address your concern, please feel free to contact us again.
Very truly yours,
Sgt. Seth Mancini
_______________________
Sgt.Seth G. Mancini, Esq.
Commissioner's Staff
ORIGINAL EMAIL REQUEST:
From: Edward Peruta [mailto:edperuta@amcable.tv]
Sent: Wednesday,
February 24, 2010 19:10
To: Hall, Doug; 'Rachel M. Baird';
ChiefTWK@aol.com; 'peter kuck';
kenneth.tramadeo@jud.ct.gov; Sen. Kissel, John A.; Joseph Corradino; Mazzoccoli, Susan;
shoffman@hoffgun.com; James5140; Darren Edwards; Atty Craig C. Fishbein;
robert.jaekle@cga.ct.gov; David Owens; Mancini, Seth; Fbvjr; James Cetran; Keith G. Golnik; LEONARD BENEDETTO
Subject: Request for information and answer to a question
To Whom It May Concern c/o
Sgt. Douglas Hall Esq.:
For the past several months, DPS has had in place a
NEW policy of charging applicants for Temporary State Permits a fee for conducting a State Criminal History Records Check.
Previously the request was made by the local issuing authorities who were exempt from any fees for same.
Now that each applicant is required to pay the STATE for the State records check as part of the application for a Temporary State Permit to Carry, are the applicants entitled to receive a copy of what they pay for?
It seems only reasonable that the individual who pays for the STATE Criminal History should receive a copy at the same time it is sent to the local issuing authority.
Doing so would give each applicant the information necessary to monitor local compliance with Section 29-29 of the Connecticut General Statues.
Please respond to the following question:
When an individual is charged for a State Criminal History Records Check as part of the process to obtain a Temporary Permit to Carry Pistols and Revolvers, is the applicant entitled to receive the results of the records check at the same time it is sent to the local issuing authority?
If for any reason the answer is NO, please provide justification for same.
Ed Peruta
Cc:
Connecticut Citizen’s Defense League
