Waterbury Application Getting Close to Week 8th

Hello everyone,

I started my application and got my fingerprints taken at WPD on 08/25/2011. At week 6th, I called the record department to check on my application status, all I got was "you gotta wait for the letter" and "I don't know ... you gotta wait for the letter", basically she just tried to get me hung up. Anyways, it's gonna be 8 weeks on the 20/10/2011 and I am getting nervous that my application is covered by dust somewhere if I don't do something to bring it back on their desk. What do I need to do ? Any suggestions would be greatly appreciated.

Have a good day.

Go to this site www.ctgunrights.com and scroll to the bottom of the main page. Click on the link "Suggestions to speed up the Permit to Carry application process". This document has lots of great information. However, at this point what you should do is ask them if and when they received the "STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECKS FROM THE COMMISSIONER OF PUBLIC SAFETY". By law they have one week from the date of receipt of that information to make a decision.

If you ask them specifically about the status of your permit, you will get the run-around as you have already found out.

Best of luck.

dogsandhogs said:

ask them if and when they received the "STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECKS FROM THE COMMISSIONER OF PUBLIC SAFETY". By law they have one week from the date of receipt of that information to make a decision.

Click to expand...

Where does this come from?

29-28b:
(b) The local authority shall, not later than eight weeks after a sufficient application for a temporary state permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied. The local authority shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Public Safety. If the local authority has denied the application for a temporary state permit, no state permit may be issued. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, inform the applicant in writing that the applicant's application for a state permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32.


I see 8 weeks total. Nothing about a week after the local issuing authority receives background checks.

I outline the process at www.ctpistolpermitissues.com and the contact info is there for the BFPE (Board of Firearms Permit Examiners).

I suggest you contact them for appeal paperwork at the 8 week point so you can at least get the ball rolling. It doesn't change anything at the local level and at least lets them know that you will file an appeal if they don't process your paperwork.

Jonathan

KIX said:

Where does this come from?

Click to expand...

Right here. Read the PDF on CTGunRights.

http://www.ctgunrights.com/00.Docs/DPS form 799 Application.documents.suggestions.pdf

Sec 29-29 said:

(c) The local authority may, in its discretion, issue a temporary state permit
before a national criminal history records check relative to such applicant's record
has been received. Upon receipt of the results of such national criminal history
records check, the commissioner shall send a copy of the results of such national
criminal history records check to the local authority, which shall inform the
applicant and render a decision on the application within one week of the
receipt of such results. If such results have not been received within eight weeks
after a sufficient application for a permit has been made, the local authority shall
inform the applicant of such delay, in writing. No temporary state permit shall be
issued if the local authority has reason to believe the applicant has ever been
convicted of a felony, or that any other condition exists for which the issuance of a
permit for possession of a pistol or revolver is prohibited under state or federal law.

Click to expand...

KIX said:

Where does this come from?

29-28b:
(b) The local authority shall, not later than eight weeks after a sufficient application for a temporary state permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied. The local authority shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Public Safety. If the local authority has denied the application for a temporary state permit, no state permit may be issued. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, inform the applicant in writing that the applicant's application for a state permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32.


I see 8 weeks total. Nothing about a week after the local issuing authority receives background checks.

Click to expand...

29-29c
" (c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law."

dogsandhogs said:

29-29c
" (c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law."

Click to expand...

This whole portion of the statute has to deal with local authority issuing temporary state permits before the records national records are received. Which I never hear of happening in this state.

The following statement also points back to my previous point:

dogsandhogs said:

29-29c
" If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing.

Click to expand...

The premise here is a workaround to a delay in federal background checks and assuming the person has a clear background. I don't see this anywhere near a way around the "1 week" bit. You need to read the entire statutes in their entirety.

As I said, I have never seen a permit issued before the federal background checks.

Jonathan

Forgot to post the history of the statute:

History: P.A. 92-130 required issuing authority to record date fingerprints were taken, authorized forwarding of fingerprints to FBI for national criminal history records check, authorized issuing authority to issue permit before report from FBI is received, required issuing authority to inform applicant and render a decision on application within one week of receipt of report, and, if report has not been received within eight weeks after application is made, to inform applicant of delay, and prohibited issuance of permit if issuing authority has reason to believe applicant has been convicted of a felony; P.A. 98-129 relieved the issuing authority of the requirement that it take the fingerprints of the applicant if it determines that the fingerprints of the applicant have been previously taken and the applicant's identity established and the applicant presents identification that the issuing authority verifies as valid and made the submission of the fingerprints to the Federal Bureau of Investigation by the issuing authority mandatory rather than discretionary; P.A. 01-130 substituted "local" authority for "issuing" authority to reflect change from local permit to state permit, adding new Subsecs., designated as (d) and (e), re commissioner's investigation of applicants and required receipt of results of national criminal history records check before state permit issued, and made technical and conforming changes; P.A. 01-175 made technical changes throughout, designated existing language as Subsecs. (a) to (c), amended Subsec. (a) by adding language re state and national criminal history records checks, and amended Subsec. (b) by adding language re method of positive identification and criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

The more I read the two of them back to back..... it makes for interesting reading.

Jonathan

I don't believe you are reading 29-29 correctly.

It clearly says that they have one week to issue a decision. The rest is irrelevant.

They have 8 weeks for the whole process. If the FBI report comes back however, they then have 1 week.

The section about bypassing the FBI report is a separate clause stating that they don't have to wait, but if they do, they have a deadline.

agree to disagree, but I'll get input from Hartford.

In NO WAY is the rest of ANY statute irrelevant.

As long as 29-28a is in there, it renders the alternative interpretation of 29-29 moot. It clearly is worded "goofy" at best.

Jonathan

KIX said:

agree to disagree

Click to expand...

I don't see what there is to disagree with. They have 8 weeks total to render a decision. That is regardless of what any part of the process takes, unless the delay is the FBI report, which must be stated in writing by the IA.

They may (at their discretion) issue a permit without the background checks. The state permit has to wait for the FBI report, however.

Regardless of any other time span, limit or deadline, they have two very specific deadlines:

- 5 days between receiving the fingerprints and sending them to the State Police Bureau of Identification.
- 'One week' (5 days?) to render a decision once the FBI report is received back from DPS.

The variable is how long it takes for DPS to get information back from the FBI and for DPS to get the report back to the IA. I have been told many times, this is only a few days at the most. 8 weeks or more is ridiculous.

Where is the argument? This is exactly what the statutes say, and has been tried and tested before by people like Ed Peruta.

Let me see if we are on the same page:

I fill out my local application and get finger printed. Lets say this was June 1st, 2011.

July 1st, the report comes back clean. You're saying the issuing authority has until July 7th to make the decision? As in 5 weeks of the entire process?

Jonathan

KIX said:

Let me see if we are on the same page:

I fill out my local application and get finger printed. Lets say this was June 1st, 2011.

July 1st, the report comes back clean. You're saying the issuing authority has until July 7th to make the decision? As in 5 weeks of the entire process?

Jonathan

Click to expand...

I am not sure where you even get 5 weeks.

The only variable is the FBI report. I have heard this can be done in a day or two, but even when they are busy, it is likely to be under a week.

Assuming the FBI report was instantaneous (it is not, of course), the IA has a total of two weeks from what I see. That is all the IA should be able to drag their feet.

So, like the first responder here said, check to see if they have the report back yet. Failing that, start finding out when the application was submitted and when the fingerprints were sent to DPS.

The DPS has been fairly helpful in letting us know if there are criminal history delays in the past, I am sure they could let us know what the average wait time is to make sure that is not an issue.

Also, the following two paragraphs are found on the sample appeal letter due to delay on the BFPE's website:

"The issuing authority received the National Criminal History Records Check back from the Commissioner of Public Safety on (Date____________________).

One week has past since the issuing authority received the results of the National Background check, and a total of __________weeks have passed since submitting my properly executed application."

Link: http://www.ct.gov/bfpe/cwp/view.asp?a=1253&Q=458262

It's simple just keep track of the dates


Date Sufficient Application delivered to or received by local issuing authority: ________________

Sufficient Application date PLUS FIVE DAYS: ________________

Date fingerprints and checks sent to SPBI for state and federal background check: ________________

Date checks to SPBI and FBI deposited and cashed by SPBI/State Police: _________________

Date Prints and National Criminal History received back from SPBI by Local Issuing Authority: _____________

Prints and National Criminal History received back from SPBI by Local Issuing Authority PLUS 7 DAYS: ________________

Rich, I was giving an example to clarify.

Otherwise, I'd like to see this all end with suitability - period.

I still say they have an out with 29-28a as written. Regardless. Unless the language is firmed up. It is not as clear as WE would like it to be.

Jonathan

KIX said:

I still say they have an out with 29-28a as written. Regardless. Unless the language is firmed up. It is not as clear as WE would like it to be.

Click to expand...

There is nothing in 29-28a that overrides the deadlines set forth in 29-29.

They have specific deadlines to adhere to and it is our job to hold them to that.