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Thread: Recently filed APPEAL regarding SUITABILITY and THE USE OF ERASED RECORD INFORMATION

  1. #1
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    Recently filed APPEAL regarding SUITABILITY and THE USE OF ERASED RECORD INFORMATION

    This appeal was filed today by Attorney Rachel Baird of Torrington, CT on behalf of her Client.

    It is simple to the point and refreshing.
    Last edited by Edward Peruta; 08-30-2010 at 04:05 PM.

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    Added TIMELY informaiton

    I posted this information recently, but with the appeal filed by Attorney Rachel Baird, it seems like a good time to post the informaiton again in this area.

    Disqualifying events/factors vs. Suitability



    With the recent U.S. Supreme Court decision in McDonald v. Chicago, the use of “SUITABILITY” to determine who gets or keeps a Permit to Carry Pistols and Revolvers in Connecticut will be challenged in the courts. The arbitrary and capricious manner in which “SUITABILITY” is determined will certainly be examined in depth BY THE LEGISLATURE AND/OR THE COURTS.

    Everyone needs to take a very close look at how “SUITABILITY” intentionally or not, is used and abused by public employees and officials in determining who gets to exercise their Second Amendment rights.

    I for one have committed my time and a great amount of financial resources to defend my second amendment rights, and ask everyone who reads this document to do likewise.


    I’m asking everyone who supports firearm rights to do some research and find at least one National and one State organization that advocates and fights to defend our collective right to KEEP AND BEAR ARMS.

    Once you find a National and State organization, I ask that you commit a small but continuing amount of money to support their activities on a monthly basis.


    The reason I suggest support for both a National and State organization is because most National Organizations do not have the time or resources to get state specific in their activities. On the other hand, State level organizations tend to target state specific issues and spend most of their time and financial resources in the state where they are located.


    The issue that I believe needs to be discussed and challenged in Connecticut is “SUITABILITY”.


    I’VE TAKEN THE TIME TO PUT MY THOUGHTS IN WRITING FOR EVERYONE TO READ.


    In Connecticut decisions to issue, renew, or revoke Permits to Carry Pistols and Revolvers are based exclusively on two factors, those being, Disqualifying events/factors and Suitability:

    Currently Permits to Carry are decided on Disqualifying events/factors and/or Suitability nothing more and nothing less.

    To understand the two factors, one must first understand what they are.


    Disqualifying events/factors


    Disqualifying events/factors are widely published, established and understood at the Federal and State level, and easily determined and understood by most individuals. The clear understanding of disqualifying events and factors prevents public employees or members of the public from misunderstanding exactly what they are and arriving at different conclusions as to who is or is not a disqualified person.

    You either are or are not a disqualified person when applying for or possessing a permit to own or carry a firearm based on the well established written lists of disqualifying, events or factors.

    Most if not all disqualifying factors can be found by a local state or national criminal history records check or a search of various government databases which are available and used by Federal, State and local issuing authorities.

    Suitability

    Suitability on the other hand has been and is based on a variety of unpublished undefined factors, and is currently determined in an arbitrary and capricious manner by individual employees and/or the issuing authorities who are authorized by law to make determinations of a person’s suitability.

    A voluminous amount of hard copy and electronically stored public records currently exist which demonstrate when and how suitability has been determined, and offer undisputable evidence of the extremely differing determinations on suitability even when based on similar circumstances.

    Unlike disqualifying factors/events, the public records available clearly show that determinations of a person’s suitability have been, (and currently are), affected by a wide variety of personal, political and other beliefs which have in the past, (and will in the future), result in a wide range of differing determinations using the same set of facts.

    Example 1, Individuals may have their application denied because they failed to correctly answer a question on the application, therefore creating the situation where they are considered an unsuitable person because they signed a notarized document with incorrect information.

    The actual crime of signing an incorrect notarized statement is NOT a disqualifying crime and can easily be overcome by submission of a corrected application.

    Example 2, Individuals may have a permit renewal rejected because they refuse to provide additional information requested by issuing authorities. The refusal to provide additional information results in a de facto determination of the right to possess a valid permit to carry based only on the issuing authorities belief that failure to supply the additional information makes the current permit holder an unsuitable person.

    The possession of the valid permit to carry should be considered prima fascia evidence that all appropriate information is currently on file for the renewal of the permit and that the person was and is suitable to obtain a renewal.

    Example 3, Individuals who legally carry their weapon(s) openly or concealed, have been and may still become the subject of a revocation action following an arrest for such crimes as Breach of Peace, Disorderly Conduct or other non disqualifying charge(s) simply because someone has seen the legally carried weapon call the police and complained about being upset or alarmed.

    Charges and/or convictions for Breach of Peace or Disorderly Conduct are NOT disqualifying events, and do not disqualify a person from applying for or obtaining a permit to carry.

    Yet certain individuals who possess the authority to deny or revoke permits, (depending on the jurisdiction where you make application), use non disqualifying arrests and convictions as the basis to consider an individual unsuitable.

    The ramifications of using “SUITABILITY” as a required factor in obtaining or possessing a Permit to Carry a Pistol or Revolver must end in order to protect the equal rights of every individual who is otherwise qualified to possess and carry a firearm for self defense.

    Now if you choose, take the time to read this appeal brief that was recently filed in the Connecticut Appeallate Court.

  3. #3
    Regular Member KIX's Avatar
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    This state needs to become a shall issue state. Meeting all the requirements and still being denied is simply wrong.

    Jonathan

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by KIX View Post
    This state needs to become a shall issue state. Meeting all the requirements and still being denied is simply wrong.
    This state needs to become a constitutional carry state. Permits are useless and wrong.

    Remember, we are 'the constitution state' after all. And our state constitution agrees with the second amendment. Shouldn't we have been leading the way?

  5. #5
    Regular Member KIX's Avatar
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    No doubt. But if we can't even agree on open carrying and such........

    I agree, you shouldn't have to ask permission for a right..... but there is precedent. How about holding a protest?

    Not saying it's right...... I'm just sayin'.......

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by KIX View Post
    But if we can't even agree on open carrying and such........
    What is anyone not agreeing on?

    How about holding a protest?
    What exactly do you want to protest?

  7. #7
    Regular Member KIX's Avatar
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    Not really a protest, but an awareness event.

    It is amazing how much non-gun owners don't understand.

    I'm not thinking a G8 summit style protest....... just more of an awareness event of sorts.

    We talk about these issues amongst ourselves, but we need more support outside our ranks as permit and suitability certificate holders.

    Jonathan

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    Regular Member Rich B's Avatar
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    Quote Originally Posted by KIX View Post
    Not really a protest, but an awareness event.
    Awareness of what?

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    Regular Member KIX's Avatar
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    Educating the public about what is legal and what is not.

    It is amazing not only the misconceptions that non permit holders believe to be a reality, but our elected officials as well.

    Combined with legislation sure to make it's way on the federal and state government this year, it's better to be proactive before misconceptions continue to get media attention and we are stuck backpedaling out way to getting the record straight.

    Like the "what are we not agreeing" on above. Rich, you, the members of this form and myself agree on topics related to carrying and such in this state. The general public, however, has no clue.

    Hell, even many safety course instructors still continue to say open carrying is illegal. I took another course last year with my mother and many still think that it's illegal.

    We have groups of interested parties, organized now in this state. It would be a shame to not use the available talent and start educating the public about what is and what isn't legal.

    Jonathan

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  11. #11
    Regular Member Rich B's Avatar
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    Quote Originally Posted by KIX View Post
    Educating the public about what is legal and what is not.

    It is amazing not only the misconceptions that non permit holders believe to be a reality, but our elected officials as well.

    Combined with legislation sure to make it's way on the federal and state government this year, it's better to be proactive before misconceptions continue to get media attention and we are stuck backpedaling out way to getting the record straight.

    Like the "what are we not agreeing" on above. Rich, you, the members of this form and myself agree on topics related to carrying and such in this state. The general public, however, has no clue.

    Hell, even many safety course instructors still continue to say open carrying is illegal. I took another course last year with my mother and many still think that it's illegal.

    We have groups of interested parties, organized now in this state. It would be a shame to not use the available talent and start educating the public about what is and what isn't legal.

    Jonathan

    I am still not clear on what you are proposing. How do we educate these people further? I think we are doing a pretty good job already.

    I still say one of the best ways I can come up with educating people about open carry is to do it everyday.

    If the suggestion is things like open carry trash pickups and stuff, I am not really for it. Open carry picnics? I don't see the point.

    Just carry how you are comfortable everywhere (that is legal) and everyday. Always be polite and professional and be willing to talk to people and educate them.

    I am open to suggestions, propose some.

  12. #12
    Regular Member KIX's Avatar
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    For starters.... rallies.

    Every time there is a law proposed that goes against 2A rights, we need to make our opinions heard.

    EVERY TIME there is an issue with a local town/municipality, we need to do the same thing. The more we are out in public, and actually talking about 2A rights, handing out flyers to those interested helps educate the general citizenry that may not exercise their 2A rights.

    CCDL flyer is a great example, I've had a lot of people ask me for the pamphlet and read it and then find out that they didn't know HALF of what was in there.

    Better representation in the mass media. The NRA is great at this at a national level, but we don't really have ANY real strong representation at the state level (as seen by recent article in the Hartford Courant).

    Community outreach.

    Look at all the fairs and such going on in this state, would be great to have booths at these fairs and show videos, hand out pamphlets and build interest. Part of this could be handing out literature at these events with an invitation to join (sponsoring group) at a range for an "intro to firearms" type of event. Might be a good stepping stone for instructors to get more people in classes.

    While I'm at it, more instructors need to promote activism (even if only for five minutes) in their programs. I have talked to a couple of people, new to firearms, that think there is NO threat to their 2A rights.

    There are several ways to do this, this is just a start to what could be a good discussion on building up the ranks of 2A support in CT.

    Jonathan

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    One on one

    Educate the public by being the level headed, intelligent, well mannered gun owner friend who knows the laws and politely informs them about their misconceptions. Maybe one of those friends will be someone who can influence the so called leadership in this state.

    And pass out Is That Legal flyers.

  14. #14
    Regular Member Rich B's Avatar
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    Quote Originally Posted by Johnny W View Post
    Educate the public by being the level headed, intelligent, well mannered gun owner friend who knows the laws and politely informs them about their misconceptions. Maybe one of those friends will be someone who can influence the so called leadership in this state.

    And pass out Is That Legal flyers.
    This.

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