New Britain Experience is this normal?

Good Citizen said:

If no one is getting answers to background check dates, that were lawfully paid for, & charged by the pd without granted authority, it appears there is a problem, and the law is being toyed with.

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They have no right to ask for $$$ for BR checks ... my local pd did it for free ! And I did not even ask them to. And without fingerprints being taken.

You can ask for this $$$ back in your appeal ... so you have a reason right now to appeal IMO. Include it in your appeal pleadings and it should move along at sloth-like pace unless you wish to file a writ to superior court to demand they comply with Chapter 54 of CGS (a chapter everyone going before the board should read and do some google scholar research on so they cannot hose-bag you at the hearing).

Ok so just to have all my bases covered what is an "administrative denial"?

bushi01 said:

Ok so just to have all my bases covered what is an "administrative denial"?

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Its a denial in which no written denial was received ... you waited past the point of time that the law requires a response and you received no response. You can just call it a denial if you wish; just note the dates in your pleadings to the board and state that you have waited and received no response regarding your application and that the issuing authority has basically denied your permit.

davidmcbeth said:

Its a denial in which no written denial was received ... you waited past the point of time that the law requires a response and you received no response. You can just call it a denial if you wish; just note the dates in your pleadings to the board and state that you have waited and received no response regarding your application and that the issuing authority has basically denied your permit.

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This.

You can see the process here as well as the form letters:
http://www.ct.gov/bfpe/cwp/view.asp?a=1252&Q=254192&bfpeNav=

Rich B said:

This.

You can see the process here as well as the form letters:
http://www.ct.gov/bfpe/cwp/view.asp?a=1252&Q=254192&bfpeNav=

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Hi Rich,

I really don't like their "form letters" myself. But I guess....the board will take them. Most information is being sought by their "evil" (lol) questionnaire.

I don't know how the OP wants to play the game .. but I objected (filed and objection, actually 2 sets of (about 10 pages of pleadings with each set of objections and some exhibits) to ALL of the questionnaire's questions and the board agreed that only these needed to be completed:
Name, Address, Other address, Attorney representation query, Date of Birth, US citizen
question, Date applied,
Name of police or 1st selectman to whom I gave application to, Name of police or selectman who
denied, State the reason for denial, What date was the denial, How did you learn of the denial

All other line questions were ruled not mandatory to answer. I still think the citizen query, names of who I dealt with, reason for denial, and how I learned of it are still bogus. But I preserved these objections for appeal..if desired.

So the OP could submit his questionnaire in with objections to all, like me, or just of the other sections that were struck down as being mandatory.

It won't matter time-wise .. the appeal will take just as long either way.

Now the issuing authority filed a questionnaire too (the board sends them one (its a different questionnaire) after they docket your case I guess), in about 2 months (was my time for getting it). And I objected to this questionnaire as well for several reasons.

So before the OP files, he needs to decide on his trial strategy. One can object and be civil about it and I have not had issues in administrative hearings that they go south because of it but to preserve issues for a possible rejection, objection rulings are reviewable. Since most of my objections were on the basis of the law being interpreted, these would be de novo reviews - well worth keeping alive IMO.

Others don't want the hassle and just go with the flow. That's fine. All depends on the person.


The last page of the questionnaire was very concerning - what if you forgot some stupid traffic ticket? They could then claim you lied on the questionnaire and deny you because of that -- you'll note that this page (MV/arrest record) is not mandatory.

Well I am here to update all of you on the progress of my application with the city of New Britain. I called the records dept. today and they have finally received all of the background checks . When asked when I can expect to hear something further I was then informed that the detective handling this is not in the office this week and it will have to wait until next week for him to follow up on his end. Funny I was given this same excuse 2 weeks ago. They also informed me that it will be about another 2 weeks as it then has to go to the chief for approval. When I asked them why this would go over the 8 week mark or what has taken so long no excuse was offered to me other than "that is the way it is, sorry". UGH!!!!!! Once again why are they so guarded on their dates and what takes them so long to issue permits?

bushi01 said:

Well I am here to update all of you on the progress of my application with the city of New Britain. I called the records dept. today and they have finally received all of the background checks . When asked when I can expect to hear something further I was then informed that the detective handling this is not in the office this week and it will have to wait until next week for him to follow up on his end. Funny I was given this same excuse 2 weeks ago. They also informed me that it will be about another 2 weeks as it then has to go to the chief for approval. When I asked them why this would go over the 8 week mark or what has taken so long no excuse was offered to me other than "that is the way it is, sorry". UGH!!!!!! Once again why are they so guarded on their dates and what takes them so long to issue permits?

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They have 1 week from the time that they receive the background checks. Plain and simple. 8 weeks has nothing to do with anything, and it is not subject to staff vacations or anything else.

Get your appeal ready...

I would say there is a good chance SPBI sent your background checks to them a long time ago, you just keep asking the thief if he stole from the cookie jar which is only delaying you further.

Should I at least contact the Chief or someone on the dept and see what the hell is going on?

bushi01 said:

Should I at least contact the Chief or someone on the dept and see what the hell is going on?

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I have told you several times what the proper procedure for this is. Get your dates and appeal.

+1 appeal , give no quarter ....

I would do both. File the appeal and contact the Chief, remember to be polite but politely ask him why you have to follow the law to get a permit (take the class, pay the fees, fill out thapplication, get it notarized, etc...) but his officers don't, if he asks what law his department is violating point him to CTGeneral Statute 29-29...

brk913 said:

I would do both. File the appeal and contact the Chief, remember to be polite but politely ask him why you have to follow the law to get a permit (take the class, pay the fees, fill out thapplication, get it notarized, etc...) but his officers don't, if he asks what law his department is violating point him to CTGeneral Statute 29-29...

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This is solid advice, but be well versed in the statutes and don't be surprised when you receive nothing for your efforts.

Ok sports fans today is my 8 week mark in the process and have yet to hear from the city of New Britain. I once again called the records dept who said that they will contact me when everything is set. I informed them that I was at the 8 week mark and they told me the detective who handles this has been out. When asked when I could plan on hearing something they had no idea. At that point I tried once again to acquire the dates in which things were sent to and received from the state and federal agencies. Again I was denied this information. I am planning on writing a letter to the chief tonight to see if i can get some resolution to this and beginning the appeals process tomorrow. Any advice on what I should include in this letter?

Thanks!

bushi01 said:

Ok sports fans today is my 8 week mark in the process and have yet to hear from the city of New Britain. I once again called the records dept who said that they will contact me when everything is set. I informed them that I was at the 8 week mark and they told me the detective who handles this has been out. When asked when I could plan on hearing something they had no idea. At that point I tried once again to acquire the dates in which things were sent to and received from the state and federal agencies. Again I was denied this information. I am planning on writing a letter to the chief tonight to see if i can get some resolution to this and beginning the appeals process tomorrow. Any advice on what I should include in this letter?

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I have no idea why 8 weeks means anything when you already should have an appeal in.

Writing a letter to the chief is probably not going to accomplish anything, but the PD will get a request to show cause from the BFPE if you appeal and that is usually enough.

Here is an update for you all. After writing a polite letter last evening to the chief of the NBPD I received a phone call this morning from the detective in charge of the pistol permit process. He was very apologetic for the delay and lack of information given to me. All said and done I should be in possession of my permit no later than the middle of next week.

bushi01 said:

Here is an update for you all. After writing a polite letter last evening to the chief of the NBPD I received a phone call this morning from the detective in charge of the pistol permit process. He was very apologetic for the delay and lack of information given to me. All said and done I should be in possession of my permit no later than the middle of next week.

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Fingers crossed ? Good luck, post back next week .. I hope the guy was not just blowing you hot air but given that HE called you, I am assuming not (or he would have just ignored your letter).

If you filed an appeal, please tell the BFPE that you have been issued (when you have the permit in hand of course).

Rich B said:

If you filed an appeal, please tell the BFPE that you have been issued (when you have the permit in hand of course).

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Hi Rich,

Does the board have the authority to issue sanctions against issuing authorities?

davidmcbeth said:

Hi Rich,

Does the board have the authority to issue sanctions against issuing authorities?

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Not that I am aware of. That would really need to be done in a civil suit by the applicant, and using the BFPE process to satisfy 'administrative process' would likely be necessary.

No need to contact them as I did not file the appeal. Once in possession of my permit what can I do to help other people with this process. Just from my experience it appears that some of the local authorities need some work in how they handle permits. How can I become active in protecting our 2nd amendment rights?