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Thread: Connecticut law

  1. #1
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    Question Connecticut law

    i am a little confused on ct law. i was under the understanding that once igot a permit to carry i could carry concealed.i have held my permit for about four years now and have been carrying concealed for that time ( also carry in maine w/ a permit) now i am being told that i cannot carry concealed needs to be open carry. can i get clarification on this.
    thanks

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    Your permit says you can carry. Period. It doesn't state Open Carry or Concealed Carry. Carry however you feel comfortable.

    Research the laws. Become familiar with them.

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    Cool

    Go to www.CCDL.us you find some of your Questions.

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    Quote Originally Posted by parent1964 View Post
    now i am being told that i cannot carry concealed needs to be open carry.
    Who is telling you this?

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    CT law

    Quote Originally Posted by parent1964 View Post
    i am a little confused on ct law. i was under the understanding that once igot a permit to carry i could carry concealed.i have held my permit for about four years now and have been carrying concealed for that time ( also carry in maine w/ a permit) now i am being told that i cannot carry concealed needs to be open carry. can i get clarification on this.
    thanks
    This is from CT.gov. As you can see, while you technically can carry openly you have to use good judgement or risk losing your permit. With rights comes responsibilities.


    RESTRICTIONS ON CARRYING AND TRANSPORTING FIREARMS

    In Public Buildings

    The law, with minor exceptions, bars people from carrying firearms in any building (1) where either House of the General Assembly is located; (2) in which the office of any legislator or legislative officer, employee, or committee is located; or (3) where a legislative committee is holding a meeting. The law exempts police officers, military personnel on official duty, and veterans serving as honor guards (CGS § 2-1e(c)).
    Interference with the legislative process is a class D felony.

    In Public

    The permit to carry handguns allows people to carry them openly or concealed, but mature judgment, says the Board of Firearm Permit Examiners, dictates that (1) “every effort should be made to ensure that no gun is exposed to view or carried in any manner that would tend to alarm people who see it. . . [and] (2) no handgun should be carried unless carrying the gun at the time and place involved is prudent and proper in the circumstances. ”

    For example, according to the board, handguns should not be carried:

    1. into a bar or other place where alcohol is being consumed;

    2. in any situation involving stress such as an argument;

    3. after consuming alcohol or any drugs other than those legally prescribed; or

    4. in any building, residential or commercial, whose owner prohibits handguns (http: //www. ct. gov/bfpe/cwp/view. asp?a=1252&q=254186).

    Motor Vehicles

    By law, when handguns are being transported in a motor vehicle, they must be unloaded and kept (1) in a place not readily or directly accessible from the passenger compartment or (2) in a locked container other than the glove compartment or console (CGS § 29-35). A violation carries a penalty of one to five years imprisonment, a fine of up to $ 1,000, or both, with a mandatory minimum one-year sentence in the absence of mitigating circumstances (CGS § 29-37).
    When long guns are being transported in a vehicle or snowmobile, they must be unloaded. A violation carries a fine of $ 10 to $ 100, imprisonment for up to 30 days or both (CGS § 53-205).

    On School Property and School-Sponsored Events

    It is illegal, with some exceptions, to possess firearms on any elementary or secondary school property or at any school-sponsored event, if the person knows that he or she is not licensed or privileged to possess such firearms. A violation is a class D felony. The law does not apply to the otherwise lawful possession by:

    1. anyone using a firearm as part of an approved school program;

    2. anyone who has an agreement with the school allowing the firearm;

    3. peace officers functioning in their official capacity; and

    4. anyone with an unloaded firearm crossing school property to hunt, provided entry is allowed (CGS § 53a-217b).

    Other Places where Firearms are Prohibited

    People are barred from possessing or carrying handguns on any premises where prohibited by law or by the person who owns or exercises control over the premises (CGS § 29-28(e)).

    A violation carries a fine of up to $ 500, imprisonment for up to three years, or both, and any handgun found in the violator's possession must be forfeited (CGS § 29-37).

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    Quote Originally Posted by Jellydonut View Post
    This is from CT.gov. As you can see, while you technically can carry openly you have to use good judgement or risk losing your permit. With rights comes responsibilities.


    RESTRICTIONS ON CARRYING AND TRANSPORTING FIREARMS

    In Public Buildings

    The law, with minor exceptions, bars people from carrying firearms in any building (1) where either House of the General Assembly is located; (2) in which the office of any legislator or legislative officer, employee, or committee is located; or (3) where a legislative committee is holding a meeting. The law exempts police officers, military personnel on official duty, and veterans serving as honor guards (CGS § 2-1e(c)).
    Interference with the legislative process is a class D felony.

    In Public

    The permit to carry handguns allows people to carry them openly or concealed, but mature judgment, says the Board of Firearm Permit Examiners, dictates that (1) “every effort should be made to ensure that no gun is exposed to view or carried in any manner that would tend to alarm people who see it. . . [and] (2) no handgun should be carried unless carrying the gun at the time and place involved is prudent and proper in the circumstances. ”

    For example, according to the board, handguns should not be carried:

    1. into a bar or other place where alcohol is being consumed;

    2. in any situation involving stress such as an argument;

    3. after consuming alcohol or any drugs other than those legally prescribed; or

    4. in any building, residential or commercial, whose owner prohibits handguns (http: //www. ct. gov/bfpe/cwp/view. asp?a=1252&q=254186).

    Motor Vehicles

    By law, when handguns are being transported in a motor vehicle, they must be unloaded and kept (1) in a place not readily or directly accessible from the passenger compartment or (2) in a locked container other than the glove compartment or console (CGS § 29-35). A violation carries a penalty of one to five years imprisonment, a fine of up to $ 1,000, or both, with a mandatory minimum one-year sentence in the absence of mitigating circumstances (CGS § 29-37).
    When long guns are being transported in a vehicle or snowmobile, they must be unloaded. A violation carries a fine of $ 10 to $ 100, imprisonment for up to 30 days or both (CGS § 53-205).

    On School Property and School-Sponsored Events

    It is illegal, with some exceptions, to possess firearms on any elementary or secondary school property or at any school-sponsored event, if the person knows that he or she is not licensed or privileged to possess such firearms. A violation is a class D felony. The law does not apply to the otherwise lawful possession by:

    1. anyone using a firearm as part of an approved school program;

    2. anyone who has an agreement with the school allowing the firearm;

    3. peace officers functioning in their official capacity; and

    4. anyone with an unloaded firearm crossing school property to hunt, provided entry is allowed (CGS § 53a-217b).

    Other Places where Firearms are Prohibited

    People are barred from possessing or carrying handguns on any premises where prohibited by law or by the person who owns or exercises control over the premises (CGS § 29-28(e)).

    A violation carries a fine of up to $ 500, imprisonment for up to three years, or both, and any handgun found in the violator's possession must be forfeited (CGS § 29-37).


    1) The BFPE isn't a legislative body within the CT governmental system, and thus has no authority to dictate where, when, and how permit holders carry their firearms. If it isn't written in a statute or clearly defined in case law, it doesn't mean jack.

    2) There is no "technically" legal. It either is, or it isn't. If you can find a statute that definitively states open carry to be unlawful in the state of CT, please feel free to share it with us.

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    The FACTS

    The information posted by Jellydonut was removed from the Board of Firearms Permit Examiners Website in the fall of 2007 because it was NOT based on the law or reality.

    Enough said, the permit issued in CT is a Permit to Carry with no requirement to Concealed or Carry Openly.

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    http://www.cga.ct.gov/asp/menu/Statutes.asp

    That is a link to the official site where you can search or browse CT's general statutes. Most of the laws we are concerned about are in the crimes section and penal code, title 53 and 53a or chapters 938 to 952. The legal language is not exactly "see spot run" simple but most people should be able to understand it.

    Here are direct links to the titles I mentioned

    http://www.cga.ct.gov/2009/pub/title53.htm
    http://www.cga.ct.gov/2009/pub/title53a.htm

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    Doesn't what is said below about motor vehicles only apply to people WITHOUT permits?? Someone read the statue CGS 29-35 and tell me what you think?

    Motor Vehicles

    By law, when handguns are being transported in a motor vehicle, they must be unloaded and kept (1) in a place not readily or directly accessible from the passenger compartment or (2) in a locked container other than the glove compartment or console (CGS § 29-35). A violation carries a penalty of one to five years imprisonment, a fine of up to $ 1,000, or both, with a mandatory minimum one-year sentence in the absence of mitigating circumstances (CGS § 29-37).
    When long guns are being transported in a vehicle or snowmobile, they must be unloaded. A violation carries a fine of $ 10 to $ 100, imprisonment for up to 30 days or both (CGS § 53-205).



    Quote Originally Posted by Johnny W View Post
    http://www.cga.ct.gov/asp/menu/Statutes.asp

    That is a link to the official site where you can search or browse CT's general statutes. Most of the laws we are concerned about are in the crimes section and penal code, title 53 and 53a or chapters 938 to 952. The legal language is not exactly "see spot run" simple but most people should be able to understand it.

    Here are direct links to the titles I mentioned

    http://www.cga.ct.gov/2009/pub/title53.htm
    http://www.cga.ct.gov/2009/pub/title53a.htm

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    Another FACT

    These issues are getting old.

    Other than brandishing the pistol or revolver in a threatening or reckless manner, a person in possession of a VALID Permit to Carry Pistols and Revolvers in Connecticut may carry or possess their weapon openly or cocealed while operating a motor vehicle PERIOD!

    Indifiduals who haven't been taught the laws properly or can't read and understand the laws, should sent their permits back to the Department of Public Safety and get rid of their weapons.

    We need to be part of the solution and not part of the problems!!

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    Quote Originally Posted by Edward Peruta View Post
    The information posted by Jellydonut was removed from the Board of Firearms Permit Examiners Website in the fall of 2007 because it was NOT based on the law or reality.

    Enough said, the permit issued in CT is a Permit to
    Carry with no requirement to Concealed or Carry
    Openly.
    I disagree, while it is not against the law your permit could be subject to review...

    You will also be required to submit to a background investigation, criminal history check and submit fingerprints and photographs in connection with your application. The licensing statute also contains a “suitability clause” which provides that the issuing authority may deny such application, if it determines that the applicant is not a suitable person to possess or carry a pistol or revolver. The suitability clause applies both to the issuance of new permits and revocation of existing permits.* Applicants must provide proof you are legally and lawfully in the United States, such as a birth certificate,*or U.S. Passport. Legal Alien Residents must provide Alien Registration numbers and 90-day proof of residency.* Naturalized citizens require proof of citizenship.

    SUITABILITY AND PERMIT DENIALS

    In addition to prohibiting the issuance of a temporary or state gun permit to anyone in the above categories, the law requires the local permit-issuing official to find that an applicant for a temporary permit (1) wants the firearm for lawful purposes and (2) is a suitable person to get a gun permit (CGS § 29-28(b)). The law does not define suitability, and it does not provide standards for making the determination. Thus, officials set their own standards, which appear to vary from town to town. Some towns appear to follow the State Police policy.

    According to the State Police website:

    [t]he suitability clause applies both to the issuance of new permits and revocation of existing permits. Applicants must provide proof of citizenship, such as a birth certificate, voter registration card or U. S. Passport. Legal Alien Residents must provide Alien Registration numbers and 90-day proof of residency. Naturalized citizens require proof of citizenship (http: //www. ct. gov/dps/cwp/view. asp?a=2158&Q=294502&dpsNav=|#instructions).

    THE COURTS AND SUITABILITY

    In a recent Superior Court case, the court quoted an 1882 Connecticut Supreme Court opinion stating that suitability “is not defined by the law so that its application can be determined as mere matter of eye-sight, but it is left necessarily to be determined solely by the judgment of the commissioners based upon inquiry and information. And that the particular manner of exercising such judgment cannot be controlled by any court is too obvious to require the citation of any authorities” (Lepri v. Board of Firearms Permit Examiners, No. CV 96-0055714, Sept. 29, 1998, citing Batters v. Dunning, 49 Conn. 479 (1882)).

    Many court opinions dealing with suitability for gun permits cite an 1894 Connecticut Supreme Court decision which involved liquor licenses for the definition of suitability.

    The word “suitable” as descriptive of an applicant for license under the statute, is insusceptible of any legal definition that wholly excludes the personal views of the tribunal authorized to determine the suitability of the applicant. A person is “suitable” who by reason of his character — his reputation in the community, his previous conduct as a licensee — is shown to be suited or adapted to the orderly conduct of [an activity] which the law regards as so dangerous to public welfare that its transaction by any other than a carefully selected person duly licensed is made a criminal offense. It is patent that the adaptability of any person to such [an activity] depends upon facts and circumstances that may be indicated but cannot be fully defined by law, whose probative force will differ in different cases, and must in each case depend largely upon the sound judgment of the selecting tribunal (Smith's Appeal from County Commissioners, 65 Conn. 135, 138 (1894)).

    One court dealing with suitability stated that the government's interest “is to protect the safety of the general public from individuals whose conduct has shown them to be lacking the essential character or temperament necessary to be entrusted with a weapon” (Rabbit v. Leonard, 36 Conn. Sup. 108, 115 (1979)). Another court stated that the “personal views of the agency members are necessarily a factor in the decision, and similar facts and circumstances will have varying probative force in different cases” but the facts found by the board should provide a logical inference that the person poses some danger to the public if allowed to carry a weapon outside the home or business (Nicholson v. Board of Firearms Permit Examiners, No. CV 940541048, Sept. 28, 1995).

    If you carry openly you can't be arrested if you have a permit but your permit can be reviewed and revoked by the Board of Firearms.

    This has not been removed from their website, go view it for yourself.

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    Quote Originally Posted by Hef View Post
    1) The BFPE isn't a legislative body within the CT governmental system, and thus has no authority to dictate where, when, and how permit holders carry their firearms. If it isn't written in a statute or clearly defined in case law, it doesn't mean jack.

    2) There is no "technically" legal. It either is, or it isn't. If you can find a statute that definitively states open carry to be unlawful in the state of CT, please feel free to share it with us.
    4. Can the Department of Public Safety (DPS) revoke a permit without a written request?

    The answer is yes. The public safety commissioner may revoke a permit based upon his own investigation or at the request of any law enforcement official (CGS § 29-32(b)). The law does not specify that the revocation request be made in writing.

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    To Jellydougnut

    Believe what you choose to believe and post what you want, but you are wrong again.

    You have posted the following incorrect information:

    According to the State Police website:

    [t]he suitability clause applies both to the issuance of new permits and revocation of existing permits. Applicants must provide proof of citizenship, such as a birth certificate, voter registration card or U. S. Passport. Legal Alien Residents must provide Alien Registration numbers and 90-day proof of residency. Naturalized citizens require proof of citizenship (http: //www. ct. gov/dps/cwp/view. asp?a=2158&Q=294502&dpsNav=|#instructions).

    The Department of Public Safety removed and no long accepts a "voter registration card" as "proof of citizenship".

    The Internet is infamous for promoting urban legends and misinformation.

    I am the author of a course of instruction which was approved by the Department of Public Safety on January 8, 2009 which includes a section where the topic of Open vs. Concealed Carry is taught.

    The link to my website is www.ctgunrights.com and you will also find links to the proposed legislation that failed regarding attempts to mandate conceal carry in CT.

    You do a disservice to every current or future permit holder in Connecticut by publishing incorrect information.
    Last edited by Edward Peruta; 09-09-2010 at 07:00 AM.

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    Quote Originally Posted by Jellydonut View Post
    4. Can the Department of Public Safety (DPS) revoke a permit without a written request?

    The answer is yes. The public safety commissioner may revoke a permit based upon his own investigation or at the request of any law enforcement official (CGS § 29-32(b)). The law does not specify that the revocation request be made in writing.

    The public safety commissioner isn't a legislator and doesn't make law. Nor is the public safety commissioner anywhere near the same as the BFPE.

    Care to explain the relevance of your post to my previous post? I see none. It appears you're simply cutting and pasting from DPS web pages without thought to a sound and logical argument.

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    Quote Originally Posted by Edward Peruta View Post
    Believe what you choose to believe and post what you want, but you are wrong again.

    You have posted the following incorrect information:

    According to the State Police website:

    [t]he suitability clause applies both to the issuance of new permits and revocation of existing permits. Applicants must provide proof of citizenship, such as a birth certificate, voter registration card or U. S. Passport. Legal Alien Residents must provide Alien Registration numbers and 90-day proof of residency. Naturalized citizens require proof of citizenship (http: //www. ct. gov/dps/cwp/view. asp?a=2158&Q=294502&dpsNav=|#instructions).

    The Department of Public Safety removed and no long accepts a "voter registration card" as "proof of citizenship".

    The Internet is infamous for promoting urban legends and misinformation.

    I am the author of a course of instruction which was approved by the Department of Public Safety on January 8, 2009 which includes a section where the topic of Open vs. Concealed Carry is taught.

    The link to my website is www.ctgunrights.com and you will also find links to the proposed legislation that failed regarding attempts to mandate conceal carry in CT.

    You do a disservice to every current or future permit holder in Connecticut by publishing incorrect information.
    X2
    Jellydonut, please STOP posting incorrect/misleading information here. The laws in CT concerning gun laws are already difficult to decifer and frankly, your not helping.

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    Quote Originally Posted by KennyB View Post
    X2
    Jellydonut, please STOP posting incorrect/misleading information here. The laws in CT concerning gun laws are already difficult to decifer and frankly, your not helping.
    This is directly from CT.gov call and tell them to have it removed. I am not the one that is telling these things they are.

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    Quote Originally Posted by KennyB View Post
    X2
    Jellydonut, please STOP posting incorrect/misleading information here. The laws in CT concerning gun laws are already difficult to decifer and frankly, your not helping.
    ******Sec. 29-32. Revocation of permit. Notification. Confiscation. Penalty for failure to surrender permit. (a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

    ******(b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Public Safety for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28. Upon the revocation of any state permit or temporary state permit, the person whose state permit or temporary state permit is revoked shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may revoke the state permit or temporary state permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of revocation thereof shall be guilty of a class C misdemeanor.

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    Angry

    Quote Originally Posted by Jellydonut View Post
    This is directly from CT.gov call and tell them to have it removed. I am not the one that is telling these things they are.
    Umm .. maybe you choose not to read but let me repeat what was already said.


    The information posted by Jellydonut was removed from the Board of Firearms Permit Examiners Website in the fall of 2007 because it was NOT based on the law or reality.
    Please STOP Trolling!

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    Quote Originally Posted by Jellydonut View Post
    This is directly from CT.gov call and tell them to have it removed. I am not the one that is telling these things they are.
    I apologize if I am wrong please clarify and give links to CT Government websites. Read the second to last paragraph. A LEO can request to have your permit reviewed. I'm not saying it will or won't be revoked.

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    Quote Originally Posted by cbnlnk121 View Post
    Umm .. maybe you choose not to read but let me repeat what was already said.




    Please STOP Trolling!
    I am reading and I am here to discuss. Based on the above 29 statute a LEO can request review if your permit it is current law is it not? Also,"******(b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Public Safety for cause..."

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    Quote Originally Posted by Jellydonut View Post
    I apologize if I am wrong please clarify and give links to CT Government websites. Read the second to last paragraph. A LEO can request to have your permit reviewed. I'm not saying it will or won't be revoked.
    You have the burden of proof here, not us.

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    Quote Originally Posted by Rich B View Post
    You have the burden of proof here, not us.
    Wow, I thought discussion was a two way process. That does not help, it only tells me you don't have an answer. The above statute is real and does matter if you choose to carry.

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    Quote Originally Posted by Jellydonut View Post
    Wow, I thought discussion was a two way process. That does not help, it only tells me you don't have an answer. The above statute is real and does matter if you choose to carry.
    Funny that you mention "not having an answer". You still have yet to respond to this:

    Quote Originally Posted by Hef View Post
    The public safety commissioner isn't a legislator and doesn't make law. Nor is the public safety commissioner anywhere near the same as the BFPE.

    Care to explain the relevance of your post to my previous post? I see none. It appears you're simply cutting and pasting from DPS web pages without thought to a sound and logical argument.
    It's interesting that you stumble from citing one statute to the next, failing to make a solid argument at any point, and often citing inapplicable statutes to support your errant assertions. I would love for you to step up and really post something worth debating.

    Yet another disappointing newcomer.

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    Quote Originally Posted by Hef View Post
    Funny that you mention "not having an answer". You still have yet to respond to this:



    It's interesting that you stumble from citing one statute to the next, failing to make a solid argument at any point, and often citing inapplicable statutes to support your errant assertions. I would love for you to step up and really post something worth debating.

    Yet another disappointing newcomer.
    I had the same thoughts about you. I did answer your question the board is not legislative but they regulate the permit which allows you to carry. No permit no carry open or concealed. As for my posting DPS and CT.gov, while you may think it isn't relative I do.

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    Quote Originally Posted by Jellydonut View Post
    I had the same thoughts about you. I did answer your question the board is not legislative but they regulate the permit which allows you to carry. No permit no carry open or concealed. As for my posting DPS and CT.gov, while you may think it isn't relative I do.
    The BFPE reviews cases of permit revocations, application denials, and renewal denials. They regulate nothing. They are a civil body with a limited authority, organized to provide an appeals process as a counter to potential abuse of revocation and denial power by DPS.

    You may now revise your argument.

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