Results 1 to 15 of 15

Thread: Response to FOI INTERESTING AND REVEALING ON OPEN CARRY

  1. #1
    Regular Member
    Join Date
    Sep 2007
    Location
    Connecticut USA
    Posts
    1,247

    Post imported post

    The recent Second Amendment event at the State Capitol has resulted in the clearest explaination yet on open carry in Connecticut.

    Additional informaiton may be forthcoming on this topic.

    Thanks to all who planned and attended the event which caused this document to be generated. It goes a long way to properly educate the 150,000 permit holders in Ct.



    STATE OF CONNECTICUT

    DEPARTMENT OF PUBLIC SAFETY

    1l1l Country Club Road

    Middletown. CT 06457

    2nd Amendment Rally, State Capitol

    April 10' 2010


    A rally in support of the 2nd Amendment is currently scheduled for April 10, 2010 at 1300 hours on the north lawn of the State capitol. While the capitol building and grounds are

    under the jurisdiction of the State Capitol Police, there is the possibility that State Police personnel maybe asked to assist the Capitol Police, or may have occasion to observe and/or come into contact with individuals who are carrying firearms, either openly or concealed. In light of this scheduled event, specific guidance concerning law enforcement matters related to firearms at this event follows:

    State Police personnel should not arrest a properly permitted individual merely for publicly carrying a handgun in plain view.

    State Police personnel should not arrest individuals merely for publicly carrying a firearm other than a handgun in plain view Exceptions to the general guidance stated above include, but are not limited to:

    It is prohibited for private citizens to possess firearms inside the State Capitol or Legislative Office Building (Conn. Gen' Stat. 2-1e).

    It is prohibited for private citizens to possess firearms in any Hartford city park (Hartford Municipal Code Article II, Sec. 26-39). Violations should be brought to the attention of Hartford Police for the appropriate enforcement action.

    State Police personnel should not request individuals to produce their pistol permits unless such individual has become the subject of a law enforcement investigative inquiry for another reason.

    Whether or not probable cause exists to support an arrest depends upon the totality of the circumstances known to the Trooper at the time. Particular attention should be paid to those facts and circumstances which support an inference that an individual to be arrested intended or recklessly created reasonable risk of danger or alarm. Troopers should be careful to document all of the facts and circumstances which justify any arrest which is made. As with all law enforcement action taken by State Police personnel, the safety of both the officer and the general public is of paramount concern.

    With those principles in mind, and with specific regard to matters involving firearms, State Police personnel should ensure that they strictly follow State Police policies and procedures.

    An Equal Opportunity Employer


  2. #2
    Regular Member romma's Avatar
    Join Date
    Jun 2008
    Location
    Southeast, Connecticut, USA
    Posts
    333

    Post imported post

    This is a tremendous supportive document useful for back up evidence (among other things) in the event ofnegative contact with LEO.

    Ed, great job obtaining this info! Looking forward to your return!



    If this were the only thingpositive to come out of the March (and it wasn't),this event surely has proved it's worth...

  3. #3
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910

    Post imported post

    This is a definite victory in my opinion. It pretty clearly says to me that the State Police and DPS are afraid of the law abiding people who are open carrying (as well as the CCDL and the 2nd amendment movement here) and know that the law does not support their anti-gun beliefs.

    The DPS is giving legal advice to the state police here in the form of "Don't bother them, they know what they are doing.". That is a great thing, but it is sad that anyone should have to tell the state police that at all.

    Now I wish I had open carried instead of just my open, empty holster.

    Next time, lets try and make sure we confirm this stuff up before an event like this and show our real strength and commitment.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    Join us and discuss the issues: http://ctcarry.com/Forum

  4. #4
    Regular Member
    Join Date
    May 2009
    Location
    Central, Connecticut, USA
    Posts
    359

    Post imported post

    Edward Peruta wrote:
    State Police personnel should not request individuals to produce their pistol permits unless such individual has become the subject of a law enforcement investigative inquiry for another reason.
    I've been questioning this practice for a while now. There is no provision in state law that allows a police officer to ask to see a pistol permit. Yes it is required to be on our person, but there is no requirement similar to the requirement to produce a drivers license upon request while operating a motor vehicle.

    CT is not a "Stop and ID" state. Please remember that.

  5. #5
    Regular Member
    Join Date
    Sep 2007
    Location
    Connecticut USA
    Posts
    1,247

    Post imported post

    Attached to this post is the email regarding the document posted earlier.



  6. #6
    Regular Member romma's Avatar
    Join Date
    Jun 2008
    Location
    Southeast, Connecticut, USA
    Posts
    333

    Post imported post

    Code:
    Now I wish I had open carried instead of just my open, empty holster.
    But at least now due to some digging. Next time we will all be able to. I personally am keeping this one positive all the way!! I am going to be carrying at the Capitol tomorrow... Maybe even Open!



  7. #7
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910

    Post imported post

    romma wrote:
    Next time we will all be able to.
    I wonder if perhaps it would be of interest to the CCDL to request the same memo be sent out to State and local police all over the state under the more general premise of open carry everywhere.

    After all, could they reasonably argue that open carry is somehow more legal at the capital than it is everywhere else?
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    Join us and discuss the issues: http://ctcarry.com/Forum

  8. #8
    Regular Member romma's Avatar
    Join Date
    Jun 2008
    Location
    Southeast, Connecticut, USA
    Posts
    333

    Post imported post

    I like your thinking Rich. I do think that obtaining an FOI was a lot easier to accomplishthan requesting DPS send this out. This may help substantiate the need for a Declaratory Ruling to go out to all the departments across CT.

    Now that this memo is out officially. We can'thave all these local police departments conflicting what the DPS is acknowledging. Law suit wise it could get messy for themnow that we have a(more or less)official stance.

  9. #9
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910

    Post imported post

    I don't see how the DPS could possibly argue that this same core information should not be distributed to all local and state police.

    Again, it would require them to somehow argue that it is more legal to open carry at the capital than anywhere else. I don't think they would want to cross that territory.

    I would hope they would concede that with just general pressure from the CCDL, but if necessary I would think a decent attorney would be able to push this through.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    Join us and discuss the issues: http://ctcarry.com/Forum

  10. #10
    Regular Member Lenny Benedetto's Avatar
    Join Date
    Aug 2008
    Location
    VP of CCDL, Inc., ,
    Posts
    470

    Post imported post

    AS ALWAYS ED, GREAT JOB!


    The Connecticut Citizens Defense League is a non-partisan, grassroots organization devoted to advocating rights affirmed by the Constitutions of the United States of America and the State of Connecticut. We are especially dedicated to protecting the unalienable right of all citizens to keep and bear arms, for the defense of both self and state, through public enlightenment and legislative action.
    Join Here: http://www.ccdl.us/membership

  11. #11
    Regular Member
    Join Date
    Sep 2007
    Location
    Connecticut USA
    Posts
    1,247

    Post imported post

    There is more to this story, it appears that contact may have been made by the Capitol Police with the Office of the Chief States Attorneys as well.

    Only time will tell.

  12. #12
    Regular Member
    Join Date
    Nov 2009
    Location
    terryville, Connecticut, USA
    Posts
    110

    Post imported post

    very interesting to read. it seems the dps knows it, yet the police both state and local are not obeying the laws. it seems the pressure we are keeping on is working. good work guys. thanks.

  13. #13
    Regular Member
    Join Date
    Mar 2010
    Location
    Hamden, CT, , USA
    Posts
    101

    Post imported post

    Great Job!!!!


    :celebrate:celebrate:celebrate

  14. #14
    Regular Member
    Join Date
    Sep 2007
    Location
    Connecticut USA
    Posts
    1,247

    Post imported post

    Consider these previous responses now that the Second Amendment March memo has been generated:

    Please take the time to compare these two earlier responses to the new Department of Public Safety PDF Memo that what was published regarding the Second Amendment March held on April 10, 2010.

    Petitioner’s Question No.5:

    Is it currently permissible under state law for individuals to carrying a pistol or revolver openly or concealed while in possession of a valid State Permit to Carry Pistols or Revolvers?

    DPS Response:

    This question is not the proper subject of a declaratory ruling as Petitioner has not articulated the specific circumstances under which o ruling is requested. Under some circumstances, an individual who possesses a CT pistol permit may be subject to arrest for carrying his or her pistol openly or concealed.

    Petitioner Question No. 14:

    Is carrying a holstered or properly secure (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?

    DPS Response:

    This question is not the proper subject of a declaratory ruling as Petitioner has not articulated the specified circumstances under which a ruling is requested. Under some circumstances, an individual who possesses a CT pistol permit may be subject to arrest for carrying his or her pistol openly.


    Why did the Department of Public Safety choose to fight this request for a declaratory ruling and the question when posed to them and to the court?
    [/b]


    PRAYER FOR RELIEF (in part)

    WHEREFORE, for the reasons alleged and in consequence thereof, the Plaintiff seeks:

    Declaratory judgments determining.


    a. Whether the Plaintiff, as a citizen of Connecticut holding a pistol permit, has the right in Connecticut tocarry a pistol or revolver openly, without concealing the pistol or revolver[/b], in any location where carrying a pistol or revolver is not otherwise prohibited by the premises’ owner or by law.


  15. #15
    Regular Member KennyB's Avatar
    Join Date
    Apr 2010
    Location
    Mountain Top
    Posts
    87

    Post imported post

    Again, i'm sooooo happy I found this site. Ed, your doing us all a great service!



    Ken



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •