Suggestions to those with appeals to the Board of Firearms Permit Examiners

If you intend on going forward with an appeal to the Board of Firearms Permit Examiners, keep in mind that attorneys can, (and often do), make a difference during a hearing and can effect the outcome.

This outline is based on my experience and understanding of the Board and the areas they consider in making their decisions.

It is also a good idea to listen to some of the audio clips of hearings and deliberations which can be found on the Board's website.

In most cases, the only issue being appealed is the appellant’s SUITABILITY.

With any type of documented Federal or State dis-qualifier, the board will not be able to hear your appeal.

DURING THE HEARING, DO NOT offer more than is necessary to prove that you are a SUITABLE person.

Regardless of whether or not you intend to be represented by an attorney, prepare for your appeal and stick to the BASIC facts.

Denial of Permit - Application Facts


Be prepared to list and discuss the mandated and supporting items that made up the application packet.

Application
Proof of citizenship or legal status in the United States
Forms of Positive I.D. presented/supplied
Current set of Fingerprints
Documentation of required Training
Documentation of Separation from Military Service (if applicable)
Required Federal, State and local monetary payments
Other types of firearm permits if possessed and/or submitted

Date that a Sufficient Application was submitted to the issuing authority _________________

Date that the payment to the issuing authority for a State Criminal History check was cashed _________________

Date that the payment for SPBI to conduct a National Criminal History check was cashed _________________

Revocation of Permit – Background Facts

Date original permit was issued or obtained

Length of time permit has been possessed

Reasons for denial or revocation DUE TO SUITABILITY ISSUE

Let the issuing or revoking authority give their opening statement to tell their story without interruption.

Take notes but DO NOT deny or argue about facts that are true.

Make your opening statementby offering a brief explanationand admit what you may have done wrong and the fact
that you consider the revocation and appeal process to be an educational experience.

REMEMBER THAT YOU ARE SEEKING A POSITIVE SUITABILITY DETERMINATION

Let the issuing authority or SLFU representative put their witnesses on while you take notesduring any witness testimony.

If a witness offers evidence that is material and incorrect take notes, THINK and then ask questions to correct the testimony.

If your denial or revocation was based on a court case, be prepared to offer evidence that the court case was resolved favorably.

Be prepared to offer the following types of background information and evidence that will document and support why you are CURRENTLY A SUITABILITY person.


Your Date of Birth/age

Your Level of Education or specialized training

Any Federal or State Professional Licenses you have held or currently hold

Verification of any employment related needs to possess and carry a firearm

For revocation cases, you should state the length of time a permit to carry has been possessed WITHOUT INCIDENT.

Your Criminal History or lack of same

Your Driving Record/History

Your Marital Status

The Number of any Children in your home or that you support

Whether you own or rent at your current residence

Your Credit History/score if known

Your type of employment

Your employment history and type of work performed

The length of time in current employment

Any civic involvement in the Community

Character reference letters from family, neighbors, friends and professionals, (Notarized if possible), that clearly acknowledge
that they are aware of your appeal to obtain or restore the ability to carry Pistols or Revolvers.

From my website at www.ctpistolpermitissues.com:

OK, so now you contacted the Board of Firearms Permit Examiners (BFPE) and are awaiting your hearing. What can you expect? Do you need an attorney? How can you prepare? How is the BFPE organized/run? All good questions I will address here.

The best way to describe the board comes from their website:

The Board is comprised of seven members appointed by the Governor to serve during her term and until their successors are appointed and qualify. The members are appointed from nominees of the Commissioner of Public Safety, Connecticut Police Chiefs Association, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc. and Ye Connecticut Gun Guild, Inc. Two members of the public are appointed with at least one member of the Board shall be a lawyer licensed to practice in Connecticut, who shall act as Chairman of the Board during the hearing of appeals.

“Do I need an attorney?”. Short answer, depends. If it is not going to be a hard on you financially, I’d say go for it. Get an experienced attorney that understands the process and gun laws. Ask them how many of these have they done before. I wouldn’t look for a criminal attorney, they usually cost more and don’t have experience with these type of hearings and the format is different from criminal law. These hearings are called “Administrative Hearings”. So, they do run a little different then your average court process (though not entirely dissimilar). If you have experience in this sort of thing, you can indeed go it alone. Just follow some of the tips on this page to help you through the process.

On the day of your hearing, bring all your exhibits (anything you plan on submitting to the board) 1 original (if needed) and 9 copies. If you have a witness that cannot attend (but have knowledge of a specific situation like why a permit was revoked), have them write a statement and have it notarized (don’t forget the 9 copies). Character witnesses don’t need to be notarized. Letters are important. Don’t say “call my boss” or “call my neighbor”. If they aren’t there, it doesn’t matter. Have them write a letter.

You only need 9 copies if you don’t submit them to the board prior to your hearing. You can submit paperwork ahead of time (at least two business days prior to your hearing date). You can either mail or fax your exhibits to the board. If you do this, make sure you put your name and case number on your cover letter.

Bring a notepad and something to write with (you may catch something at someone else’s hearing that may help your case. This is also very helpful when the issuing authority or DPS makes an inaccurate statement. Remain calm. Don’t make facial gestures and such, let them continue. Write down whatever statement was wrong and you can counter that statement or even get it corrected when it’s your turn to interview the witness. Also, if you’re diabetic or have similar conditions, bring something to drink and snack on. These hearings can take quite some time. If you don’t have strong English speaking skills, you can bring someone to help you. You or your witness can write their testimony.

Finally, when preparing your testimony, there are a few things to avoid. Don’t quote the second amendment. The members of the BFPE are well aware of those 27 words that guarantee your freedom. Don’t make bizarre statements like “Nazi Germany” or statements like “Communism”, “I’m an American”, etc. They aren’t facts that are pertinent to your case. Keep your statements and arguments simple and concise.

Here is how the meeting of the BFPE hearing is organized. There are usually 5 parts to a meeting/hearing. They are:

Call to order. This includes a roll call for the present members of this meeting of the BFPE. A roll call for all appellants and issuing authorities present. Administration of the oath (everyone testifying is sworn in). An introductory statement. This is the overview of the overall process and what you can expect.
Hearings. The reason you are here.
Secretary’s report.
Cases scheduled and resolved after review
Meeting is adjourned.

The public is usually only there for parts one and two. After an appellant has their hearing, they usually leave. We will now focus on these two sections.

Part 1 is rather quick. It is used to get the meeting started. State for the record which BFPE members are present. Roll call so they know what cases they will hear. This is important because after the first hour of the meeting, they will do this again (or after the current case is concluded). Usually, after the hour has passed, they will check for any cases missing parties. Usually, if only one party shows, then the board automatically rules in their favor. Finally, the oath is administered so all parties present can be sworn in. These are legal proceedings and everyone needs to be sworn in before they can testify.

Hearings

OK, this is the part you are waiting for. What happens when your name is called? Parties are called up to the board. There are tables opposite the board. As you face the board, the issuing authority/DPS (Department of Public Safety) will be on the left. Appellant will sit on the right. The Appellant is either the person that has been denied a permit or the person that is appealing their permit revocation. The attorneys on either side will sit in the middle next to each other.

Opening Statements

The issuing authority/DPS is given the first opportunity to state their case and why an appellant has been denied (or permit revoked). Then it’s the appellant (your) turn. This is where you tell the board about your case. Where the state/issuing authority may be wrong in their decision and how you plan to prove you deserve your permit. Don’t be afraid to ask questions if you have any about the process at this time. Any question about the process that is not directly about your case is acceptable here before you give your opening statement. Also, make sure you speak in a clear and audible manner. Think of it as your “outside” voice. You want to make sure you are heard by every member of the board.

Issuing Authority/DPS Calling of Witnesses

Again, the state/issuing authority goes first to outline their case. This is usually either an officer of the issuing authority that has denied or revoked a permit. This is where most of the case is laid out for the board. The DPS has someone that is either an attorney or represents the case for the state. The local issuing authority is often represented by an officer that appears on behalf of the Chief. Sometimes, the Chief of Police will appear at a permit denial hearing. They will start asking questions of their witness first.

Then, the appellant or their attorney will have the opportunity to cross examine this witness. Always in the form of a question. This is important. This is not where the appellant testifies (usually the biggest error here is when an appellant starts actually refuting presented information and it turns into their own testimony). If the witness made any factually deficient statements, here is where the appellant can ask any questions they think would be helpful to their case, like:

Was the appellant cooperative through the entire process?
Was the pistol stored properly?
Did the appellant exercise good judgement when they……….

These types of things that improve the appellants case. This is where the appellant can outline what they did well. The state/issuing authority will not bring this up – they want to deny or revoke your permit! If there are any good points to be made from the issuing authority/officer, this is the time to do it.

This continues until the issuing authority/DPS is done with all their witnesses. If a board member has a point that requires clarification, they may ask that at any time (through the Chairman of the Board). When the witness is done testifying, the board can ask any questions they may have. The board can do this after any witness, regardless of whether they testify on behalf of the issuing authority/DPS or the appellant.

Appellant Calling of Witnesses or Testimony

This is where the appellant starts to make their case. Either calling witnesses to support their argument or testifying on their own behalf. There is no specific order for who will testify. Obviously, the appellant would want questions asked of their witness that will help them plead their case. The biggest mistake I see here is under cross examination. Remember, when you interview a witness, you ask questions. The biggest mistake I see an appellant or their witness make is offering extra information. This information is often meant to be harmless. But once it’s offered, the issuing authority/DPS may cross examine that new information. I’ll give a gross example to illustrate this point:

DPS/Issuing Authority: “Did you see <appellant> exercise good judgement while drinking alcoholic beverages on this night?”

Witness: “Yes, not like when we were kids, he has grown a lot”

DPS/Issuing Authority: “When you were kids, please explain”

Witness: “Well, when we were in our early twenties, we liked to party, have a good time. Often there would be alcohol or marijuana. Back then, I don’t think <appellant> would refuse free beer or a joint. But since then, he has matured and showed great responsibility in his everyday life”

DPS/Issuing Authority: “So, he has used illicit drugs and drank to excess in the past?”

You can see where this goes. I said this was a gross exaggeration, but I did see a case that was very much like this one. A simple “Yes” to the first question would be fine. But by adding extra information, you opened the door to further examination of someones past. May not reflect on the person as they are today, but indeed can admit more information. In no way can a partying lifestyle be a positive, regardless of how long it has been. But, by offering the extra information…………

When asked a “Yes/No” question, just answer with a yes or no.

Appellant Testimony

This is where the appellant can tell their side of the story. They don’t have to testify, but if they do not, the board can draw on what is called “adverse inference”. The link to the left will go into further detail. When the appellant doesn’t testify on their own behalf, the board can wonder why they are afraid to testify. What might they not want to accidentally let slip. Looking at the witness testimony example above, the appellant needs to follow the same advice. When asked a yes/no question, do just that, answer yes or no.

The appellant (or their attorney) then bring out information to support their case and then the DPS/issuing authority can cross examine. This is much like previous testimony.

Closing arguments

The DPS/issuing authority will plead why they think the appellant should not have a pistol permit and how they feel they proved their case. The good part, the appellant goes next and can explain why they are a suitable candidate for a pistol permit. Here are some good things to bring up here:

any points to illustrate how they exercise good judgement (especially useful when dealing with permit revocation case).
Military discharge/honorable discharge papers.
Why is the appellant a good candidate. Do they have a job? Family? Own their own home? Community involvement? Church? Volunteer or civic organizations? All these can provide positive reinforcement as to the character of the appellant. Often, if you don’t bring this up, the board will often ask the appellant to tell a little about themselves.
Prior employment or personal life experience that relied on good judgement skills
Letters from friends, former employers, coworkers that can attest to your overall GOOD character.

Deliberation

Starting with the Chairman of the Board, deliberation will commence. Each board member will reveal how they vote. They will often offer information as to how they came up with this conclusion. They will vote in one of three ways:

Approve – support for the appellant to get their permit.
Denied – do not feel the appellant should have their permit.
Denied, at this time – this is where the board thinks the appellant isn’t ready to get their permit, but thinks they will be and are on the right path. Often, this is when someone has done something that questions their judgement in the past, but for a period of time, has been shown to be doing better. If they continue on this path, they can often re-apply and mention that they were told “at this time” and often the second time around, get their permit. The average is a year and a half or so of additional “good judgement” time.

There has been a recent change as to when deliberations are held. Prior to the third quarter of 2011, deliberations used to be held at the end of all the hearings. They changed this recently and deliberate after the case is heard. This, is a good thing. After several hours of testimony, sometimes we may forget the particulars of a given case. I have seen cases last as short as 5 minutes and as long as 7 hours – for one case! Multiply this by several hearings and you can see why the newer process is indeed an improvement.

Overall the process is fair. As far as a “may issue” state can be. I am for getting rid of the suitability issue altogether. This state should become a true “shall issue” state. That is the purpose of this website. To help people until we get to that point. Shall issue simply means that unless you have any barriers under federal law, you are granted your permit. No issuing authorities to deal with. The majority of states in the US are shall issue when it comes to pistol permits. Until the day comes when “The Constitution State” joins the rest of the nation, this is the process we must contend with.

I hope this helps, feel free to fill out the contact page with any questions or corrections to this page.

E. Jonathan Hardy

The Board “MUST” Provide logic from Testimony and Material the Appellant is Dangerous

Suitability The Board “MUST” Provide logic from Testimony and Material the Appellant is a “Danger to the Public​

Judical opinions on people who lost at the Board then filed appeals​

Rules of Evidence & Hearsay

Letters of refernce, hold alot of Judicaial Weight if the Board Denies You

All evidence on record can outweigh any single piece and must be accessed as a whole!

Dont get tricked into talking about things within the rules of Evidance U dnt have to

If you dont get your Paper work From the PD 10 days prior to your hearing, U win!

Dunno where you heard the Chairman say this..... in almost all of the last 5 or so hearings I've seen towns lose on this alone.

Jonathan

Dont Get Played Statutory Disqualifiers legislature intended the list to be exclusive

Dont Let the Dirty Laundry Get aired at the Board, Seal Old restraining Orders




If you had restraing orders against you, they are civil files and the local pd will get them, and try to burn you with them, Using the Protective Order registery against it's legislative intent,,, if you are now "back in" with the filer or “Victim”, they can file a form at superior court that seals there name and adress and info, even if the order is not active it was determined by Chris Duryea who runs the protective order registery that the info is sealed and that sealing is applicable to the PD, and letters to the pd will be sent to the PD instructing them they cant divulge the information, they learned about Via SPFLU Protective registery. Infomation in the Protective order can be sealed by the “Victim or filer” .

Defention of Suitability & Cause BOFE

Arrest without Conviction, BOFE Weighting. Watch out and file that Court appeal

KIX said:

Only problem here, they will know of the order, but not necessarily anything contained int if if it's sealed. Now, if you are questioned in front of the board because the issuing authority brought it up and they have no data, they can ask you about it. If you don't mention it on your application and they find it, they may still say they denied you because you didn't disclose the information.

They then can ask you what the issue is with the sealed record. You can refuse. However, the board can draw an adverse inference on why you don't wan to talk about the issue. That adverse inference can go negatively toward you in your ability to prove suitability. It is the nature of such civil administrative hearings.

Again, I said "CAN". I have seen similar issues at the board.

Jonathan

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You have to mention Resraining orders on your Firearms application period, and no it cant "legally" be held against you, if you dont want to disuss it, after it's sealed. Once there sealed the issueing authority cant mention them period. The Board can say and vote however it wants, a judical appeal superseads ther err of there ways, if there not following the rule's of evidance, by acknowlegding your objection in there vote, if they want to indiscrimintly violate the statutory disqualifyers, after a simle objection (THAT ALL THAT IS NEEDED), well all im saying is the hearing is alot simpler than they make it out to be you dont have to spill your guts, and air your laundry, people who do, i can say with certainty they dont know what they are doing. Object to any question or reference that has nothing to due with legislative intent, or statutory law to get a permit, and if some board members dont like it cause some are diging way to the left, not all members, it's none of there business and you have to feel comfortable knowing you will need to judicially appeal. An objection and silence if that is held against you and they are saying your deceptive then a judge is givin U your permit, a judge decides wether there was an err in law, not to rehear the case. If you go in there begging and confess everything and think that will get you your permit, not knowing your rights your screwed, most of the things asked dont even need to be responded to. You dont need to go in there subservient and beg for your permit, your entitled, and just understand if you get into answering everything your asked your a fool and will in essance be signing your own denial."

No offence i dont really have time for an ongoing debate im simpley presenting research, that has been verified through the Cheif Court administrator Barbra Quinn's office and Chris Durye who runs the states protective order registry, and Tim Sigrue the States erasure gure in rocky hill at the states prosicuters office

Your a good dude John and keep up the good work, Keep fighting the good fight! My info and research is solid and was conducted over the course of 1 year, with more hours spent then i even want to think about. Email me and i could send you some of my research, for your ongoing research.

Good Citizen said:

You have to mention Resraining orders on your Firearms application period,

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Agreed. However, I have also heard of ex parte restrainign orders not being checked off and all was fine. This was after the result of a recoreds check coming back clean.

Good Citizen said:

, and no it cant "legally" be held against you, if you dont want to disuss it, after it's sealed.

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Yes, and no. There is no "legally" in a civil administrative hearing especially when the purpose is to decide suitability (ugh, I hate that!). You have the right to not speak on the issue, absolutely. Threre is nothing barring the state or Issuing Authority from bringing it up if you are "known" to the department. i.e. You're applying for your permit, cop recognizes your name. Asks the officer involved in the case what the deal is with your past. They can bring that officer in with knowledge of your case and say that that is the reason why they denied you. Before anyone calles Bravo Sierra on that one, I HAVE SEEN IT HAPPEN on more than one occassion!

Good Citizen said:

The Board can say and vote however it wants, a judical appeal superseads ther err of there ways, if there not following the rule's of evidance, by acknowlegding your objection in there vote, if they want to indiscrimintly violate the statutory disqualifyers, after a simle objection (THAT ALL THAT IS NEEDED)

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Yes, that appeal is indeed an option (I think that also needs to be filed within 90 days (I'd have to double check on that one). The board says if that is the route you are going to take, they'll get you transcripts in a timely manner. Very few actually take it that far (unfortunately). I hope that with my site, I can get some if this informatio out there. Of course, my prior answers were BEFORE this appeal option and the person has been denied.

Good Citizen said:

well all im saying is the hearing is alot simpler than they make it out to be you dont have to spill your guts, and air your laundry, people who do, i can say with certainty they dont know what they are doing. Object to any question or reference that has nothing to due with legislative intent, or statutory law to get a permit, and if some board members dont like it cause some are diging way to the left, not all members, it's none of there business and you have to feel comfortable knowing you will need to judicially appeal.

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All good reasons to have an attorney or do SERIOUS research like go to severl hearings before your actual hearing date to get an education. I see more people being their own worst witness - ALL THE TIME! That being said, VERY few objections are every sustained as the scope of these hearings is indeed very broad. Maybe more appeals to the superior court might change some of that.

Good Citizen said:

and you have to feel comfortable knowing you will need to judicially appeal.

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A HUGE step for many. Not easily cheap, either. As I don't advise that route for 99% of citizens without an attorney.

Good Citizen said:

An objection and silence if that is held against you and they are saying your deceptive then a judge is givin U your permit, a judge decides wether there was an err in law, not to rehear the case. If you go in there begging and confess everything and think that will get you your permit, not knowing your rights your screwed, most of the things asked dont even need to be responded to. You dont need to go in there subservient and beg for your permit, your entitled, and just understand if you get into answering everything your asked your a fool and will in essance be signing your own denial."

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This, I'm curious about, and looking at the cases you cite might shed some light. I don't think they get your permit (if that is what your sayin) they essentially are told that the denial based on certain admissions is unjust. Does that mean that they end up with another BFPE hearing and certain evidence is just not allowed? I'm curious.

Good Citizen said:

No offence i dont really have time for an ongoing debate im simpley presenting research, that has been verified through the Cheif Court administrator Barbra Quinn's office and Chris Durye who runs the states protective order registry, and Tim Sigrue the States erasure gure in rocky hill at the states prosicuters office

Your a good dude John and keep up the good work, Keep fighting the good fight! My info and research is solid and was conducted over the course of 1 year, with more hours spent then i even want to think about. Email me and i could send you some of my research, for your ongoing research.

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Not a debate.

I've been discussing what happens at the BFPE hearing. Of which, I'm 100% correct. Your research deals with a lot of what happens after the denial..... and that is some of the material I want to work on for future research.

For the record, if you ever want to get together for a discussion over coffee sometime, let me know. I'd like to learn more about your case material.

Thanx for the info!

Jonathan

KIX said:

Your research deals with a lot of what happens after the denial.....

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My info was my quest for a "judical road map" on how to present a case, it clearly outlines some things the board must & must not do, to find you suitable or unsuitable, within the paramerters of what they are doing. It is the judges scrutiny on their behaviors and voting..... i am not sure of what happens after, a loseing case (IE ruling of unsuitability) or the technical aspects on how to appeal it, i just wanted insite of the "rules of the game", at the BOFE, in some cases anything goes when the appelant dosent know any better, when all thats needed is an objection from the appelant which technically, can't be held against them, i have read about 54 judical opinions, witch all seem to have a pattern of behavior, amongst the rules of evidance, and natural justice that the board must respect in there rulings, or a judge will rule against the Board



Anything legally erased is none of the Administrative boards business, Your not unsuitable for objecting, alot of the PD's and state revocations are formed by Unlawfully axcessing information. Mainly using erased info to seek out the arresting officer to bring him in, that info is off limits even to law enforcement personel. It's blatently the fruit from the poisionus tree doctorine .


Rules of evidance, the Bold underlined says it all, you dont have to spill your guts, just follow the established procedures