Edward Peruta
Regular Member
RETURN DATE:
JANUARY 11, 2011: SUPERIOR COURT
CONNECTICUT BOARD
OF JUDICIAL DISTRICT OF HARTFORD
FIREARMS
PERMIT EXAMINERS
V.
GERALD D. NAROWSKI, CHIEF OF :
POLICE FOR THE TOWN OF DERBY :
POLICE DEPARTMENT
WRIT OF MANDAMUS
1.
This petition and complaint is presented and brought pursuant to Connecticut General Statutes § 29-32b(e).
2.
The plaintiff is the State of Connecticut Board of Firearms Permit Examiners and is an agency within the Department of Public Safety for administrative purposes only, pursuant to Connecticut General Statutes §29-32b(a), to inquire into and determine
facts, de novo, whether there is just and proper cause to deny or revoke a permit to carry a pistol.
3.
The defendant is Gerald D. Narowski, and is Chief of Police, Town of Derby
Police Department.
4.
On January 8, 2009, the defendant denied Mr. Stanley A. Angel a permit to carry
pistols and revolvers.
5.
On May 4, 2009, Mr. Stanley A. Angel appealed the decision of the defendant.
6.
In accordance with Connecticut General Statutes 29-32b(b), the plaintiff held a hearing on May 25, 2010 to determine whether the defendant has just and proper cause to deny Mr. Stanley A. Angel a permit to carry pistbls and revolvers.
7.
At the hearing, the defendant failed to submit any evidence demonstrating the unsuitability of Mr. Stanley A. Angel.
8.
On May 25, 2010, pursuant to Section 29-32b of the Connecticut General Statutes, the plaintiff voted to order the defendant to issue Mr. Stanley A. Angel a pistol permit to carry pistols and revolvers.
9.
A memorandum of decision was sent to plaintiff on June 23, 2010 in which the defendant was ordered to issue Mr. Stanley A. Angel a pistol permit to carry pistols and revolvers.
10.
The defendant has neglected or refused to comply with the decision of the plaintiff within ten days of having received the decision.
11.
The decision of the plaintiff was not appealed by the defendant, in accordance
with C.G.S. §4-183.
12.
Having failed to appeal the decision of the plaintiff, the defendant has a ministerial, statutory duty to comply with the plaintiff's order and issue a permit to Mr. Stanley A. Angel.
13.
The defendant continues to refuse to comply with the decision of the plaintiff despite repeated attempts by the Office of the Attorney General to resolve the issue prior to filing application for writ of mandamus.
PRAYER
FOR RELIEF
1. Issue a writ of mandamus compelling the defendant to issue Mr. Stanley
________________________ A. Angel a pistol permit to carry
pistols-and-revolvers.___________________________________________________________________
PLAINTIFF,
BOARD OF FIREARMS PERMIT EXAMINERS
JANUARY 11, 2011: SUPERIOR COURT
CONNECTICUT BOARD
OF JUDICIAL DISTRICT OF HARTFORD
FIREARMS
PERMIT EXAMINERS
V.
GERALD D. NAROWSKI, CHIEF OF :
POLICE FOR THE TOWN OF DERBY :
POLICE DEPARTMENT
DECEMBER 8,2010
VERIFIED COMPLAINT SEEKING
APPLICATION FOR
WRIT OF MANDAMUS
1.
This petition and complaint is presented and brought pursuant to Connecticut General Statutes § 29-32b(e).
2.
The plaintiff is the State of Connecticut Board of Firearms Permit Examiners and is an agency within the Department of Public Safety for administrative purposes only, pursuant to Connecticut General Statutes §29-32b(a), to inquire into and determine
facts, de novo, whether there is just and proper cause to deny or revoke a permit to carry a pistol.
3.
The defendant is Gerald D. Narowski, and is Chief of Police, Town of Derby
Police Department.
4.
On January 8, 2009, the defendant denied Mr. Stanley A. Angel a permit to carry
pistols and revolvers.
5.
On May 4, 2009, Mr. Stanley A. Angel appealed the decision of the defendant.
6.
In accordance with Connecticut General Statutes 29-32b(b), the plaintiff held a hearing on May 25, 2010 to determine whether the defendant has just and proper cause to deny Mr. Stanley A. Angel a permit to carry pistbls and revolvers.
7.
At the hearing, the defendant failed to submit any evidence demonstrating the unsuitability of Mr. Stanley A. Angel.
8.
On May 25, 2010, pursuant to Section 29-32b of the Connecticut General Statutes, the plaintiff voted to order the defendant to issue Mr. Stanley A. Angel a pistol permit to carry pistols and revolvers.
9.
A memorandum of decision was sent to plaintiff on June 23, 2010 in which the defendant was ordered to issue Mr. Stanley A. Angel a pistol permit to carry pistols and revolvers.
10.
The defendant has neglected or refused to comply with the decision of the plaintiff within ten days of having received the decision.
11.
The decision of the plaintiff was not appealed by the defendant, in accordance
with C.G.S. §4-183.
12.
Having failed to appeal the decision of the plaintiff, the defendant has a ministerial, statutory duty to comply with the plaintiff's order and issue a permit to Mr. Stanley A. Angel.
13.
The defendant continues to refuse to comply with the decision of the plaintiff despite repeated attempts by the Office of the Attorney General to resolve the issue prior to filing application for writ of mandamus.
PRAYER
FOR RELIEF
1. Issue a writ of mandamus compelling the defendant to issue Mr. Stanley
________________________ A. Angel a pistol permit to carry
pistols-and-revolvers.___________________________________________________________________
PLAINTIFF,
BOARD OF FIREARMS PERMIT EXAMINERS
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