I followed up with a letter asking what sections are mandatory - ones I thought not
REGARDING BOTH FORMS
1) Social Security Number
The form does not state that it's optional. And it conflicts with the provisions of our federal privacy act. I believe that this entry cannot be a mandatory entry.
2) Home Telephone Number
I don't see how this can be mandatory ~ having a phone is not mandatory. And a telephone number is not an identifying characteristic.
3) Height
I know that I do not know what my exact height is and I don't think that DESPP could require me to obtain it. And this information is variable..I believe that my height changes. and I also see a conflict with federal law, driver's privacy act.
4) Weight
I also do not know my exact weight and my weight varies. and I also see a conflict with federal law, driver's privacy act.
5) Operator's License Number (ie drivers license number)
I don't see how this can be mandatory as people are not required to have one; and I also see a conflict with federal law, driver's privacy act.
6) Certification statements ~ "I understand....CGS Sec. 53a-157b.."
I am not a judge or lawyer. I have no idea of the legal conclusion's appropriateness. I certainly have no idea what is actually punishable by law under CGS Sec. 53a-157b. I cannot therefore complete the certification and be, in good faith, truthful. And I have never seen such a legal conclusion being required to be agreed to by a person certifying a document. So I (and I assume most citizens) cannot attest to something I have no knowledge of and certainly will not accept DESPP's interpretation of the laws of this state. And even if one had such knowledge, the person may not agree with the current case law or laws regarding the subject matter. It seems to me as if DESPP is trying to get folks to admit to something for the purpose of an easier prosecution of some future criminal or civil charge. PA13-3 does not require such a statement to be agreed to; indeed, the Act only notices a declaration needs to be filed, not any affidavit (that is on the AW form).
SPECIFIC TO FORM DPS-414-C (ASSAULT WEAPONS)
7) Manufacturer
Not all firearms were made by a gun manufacturer, as defined by federal and state laws. I think that an annotation of "if known" or "if manufactured by a gun manufacturer" would be more appropriate in the box of instructions.
8) Importer
I doubt people know this information nor does the law require people to perform research to find out and provide an answer. Nor are all firearms imported.
9) Serial Number
Not all guns have serial numbers; how this can be mandatory is puzzling.
10) Model number
Not all guns have "model numbers" associated with them and this also may require research.
11) Caliber
Not all guns use any specific caliber ammunition. With some guns, it is variable.
12) Unique ID/Markings
This is too vague for anyone to guess what is being requested.
13) Notary seal
No certification or even affidavit requires a seal; numerous case law supports this. It cannot be mandatory; indeed the notation is "notary seal MAY be placed here". Does this indicate that a seal is required and that that space is a convenience for the notary?
14) Signature of notary
PA13-3 does not require a notary or affidavit ; PA13-3 does require a declaration regarding magazines but makes no similar requirement of the assault weapon registration. The legislature could have stated an affidavit or declaration was required but they did not. DESPP appears to be adding to PA13-3 but DESPP does not have such authority under the law.
SPECIFIC TO FORM DESPP-0788-C MAGAZINES
15) Permit Number/Eligibility Certificate/ or Ammunition Certificate Number
I assume that "permit #" is in respect to a pistol permit; but this is not a requirement to possess a magazine so this cannot be mandatory. Eligibility certificate is not a requirement either to possess. And an ammo certificate? They do not yet exist not is it required to possess a magazine. I don't see how this section can be required to be completed and failure to do so would result in a rejection of the declaration.
16) Make (if available)
This column heading for a line entry is vague. I have no idea what you are asking for here; this cannot be mandatory due to the vagueness of the information being required. No law requires a person to know this information.
17) Type
This is looking for the caliber of the ammunition I assume. But many magazines can handle a wide variety of ammo sizes so to pinpoint or state a specific type is not possible. Additionally, new products may be designed and made available to a person that would expand the magazines' uses. PA13-3 does not prohibit such a scenario. A person may also wish to acquire a new firearm in the future that can utilize the magazines currently possessed in which a different caliber is associated with the new firearm. No law requires a person to know this information.
18) Capacity
Again, magazines can accommodate a wide variety of capacities. It appears as if DESPP is asking for a specific value but this is simply not possible with certain magazines. Additionally, this requires research and a person may not know the capacity of his magazines nor have ammunition to perform research.
,,,
Also, is there an administrative review process for rejected forms? If so, please let me know.
I'll see if I get a reply .... if not, I'll complete 1 form leaving all this questionable queries BLANK .... and scratch out most of that pesky certification crapolla ... they should have an encyclopedia of instructions IMO... I'm not a mind reader -- what they ask for somethings is just out in left field. What does my weight have to do with possession of stuff anyway...