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Author Topic: Permit Wait Times 2.0  (Read 1612 times)

Online sbhaven

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Re: Permit Wait Times 2.0
« Reply #20 on: June 28, 2020, 06:40:14 AM »
Technically speaking, to whom does one complain about the towns' interminable delaying?
This will be a rather long post so bear with me.  ;D

When the local issuing authority ignores state statutes and intentionally races past the various statutory deadlines for how to process the pistol permit application one is supposed to appeal to Board of Firearms Permit Examiners (https://portal.ct.gov/bfpe). BFPE even has a page explaining how to appeal (https://portal.ct.gov/BFPE/General/General/How-do-I-Appeal).

BFPE appeals usually have a very long waiting list since the board meets infrequently. They typically run well over a year from appeal submission to appeal hearing date. They already have appeals scheduled through July 22, 2021 (https://portal.ct.gov/BFPE/Roster-Ready-To-Go/Roster-Ready-to-Go/Cases-waiting-for-hearing-2021).

Now for reality. Until dragged before BFPE the towns can pretty much do what ever they want when it comes to tacking on additional requirements beyond what the state application mandates and taking as long as they want. There is absolutely no punishment mandated in the pistol permitting statutes for when towns don't issue the permit within the mandatory time indicated by the statute.

Sec. 29-28a. Application for permit. Notice of decision to applicant.
Sec. 29-29. Information concerning criminal records of applicants for permits.

CTCarry.com has some general information about the timeline with respect to pistol permits (http://ctcarry.com/Permits/Timeline).

It really comes down to the town or city you live in. Live in a long run Democratic town or city? You can pretty much guarantee you won't see the temporary pistol permit issued within 8 weeks. Some cities and towns most likely have an unwritten rule by their Democratic Mayor appointed Police Chief to slow walk the pistol permit application.

Many years ago Hamden's police chief would outright deny any pistol permit application. See this NYT article about it: Down the Rabbit Hole Of the State's Gun Law

You are going to get all sorts of excuses from the local issuing authority when they run past the 8 week period. From, the FBI hasn't returned their background check info, to the State Police Bureau of Identification hasn't returned the information, to the police chief hasn't had time to sign off on them, wash - rinse - repeat.

Back in 2007-08 New Haven took three days short of SIX MONTHS to issue me a temporary pistol permit. I called so often to check on the permit application I was practically on a first name basis with the detectives running the firearms unit. I called the State Police and BFPE at the time trying to see if they could force NHPD to get off their ass and issue the permit, none could do so at the time without a formal application denial.

Because of the BFPE backlog one typically gets the temporary permit issued before their appeal is heard. BFPE knows this is a game that the towns are playing, but they are ALL playing the game with issuing pistol permits and by extension your 2nd Amendment/Article I, Section 15 rights. They (politicians, police, BFPE) intentionally designed this process to take time. A LOT of time.

Couple of suggestions with respect to the local permit application. DO NOT including any additional information or local town requirements in your temporary permit application beyond what the STATE application specifically states or require. Towns cannot deny the permit application if you do not comply with their demands for extra requirements; usually in the form of letters from neighbors or interviewing neighbors/coworkers. CTCarry has more (http://ctcarry.com/Permits/AdditionalRequirements). BFPE has the extra requirements ruling somewhere on their website but since the redesign the old link to it (http://www.ct.gov/bfpe/lib/bfpe/bfpedeclrule.pdf) is broken.

Advice:
    • Familiarize yourself with the specifics of the state permitting statutes.
    • When you go past the 8 week time frame immediately file an appeal.
    • Keep a record, dates, times, who you speak too, etc. of the entire process. You can use this when you appeal and if you actually make it to an actual appeal hearing.
    • Contact the local issuing authority regularly to enquirer about the application status.
    • When dealing with the local issuing authority be courteous and respectful. DO NOT get angry, snippy, yell, curse or show any other negative emotions. BE NICE!
    • Expect them to intentionally delay things. You are dealing with government (both local and state level) Red Tape. You are dealing with people well versed in this institutional red tape. And you are dealing with people who's jobs rely on that red tape.
    • Unless specifically prohibited or have some questionable issue in your past, you will eventually be issued the temporary permit.
    • Know the various state statutes on the pistol permit in general.
    • Know the various (see CTCarry link above) time frame deadlines.
    There are many other nuggets of advice you will be given by others here.

    The good news after all the above doom and gloom, once one has been issued the temporary permit, they can immediately (no wait) go to one of the varous state locations and obtain the state issued pistol permit. Once the state issued permit is in hand one can immediately go to a gun store (or do a legal face to face sale/transfer) and get a pistol/firearm.

    The entire process sucks. It was created intentionally to suck. It was created intentionally to frustrate you and cost you a lot of time and money. But unless prohibited one will get a local temporary pistol permit issued.... eventually. COVID-19 restrictions will impact this normally lengthy process at all levels, so take that into account.

    About your only recourse, other than moving to a free state, other than a BFPE appeal, is to hire a lawyer and sue the state and town over the bureaucratic licensing process they've created to restrict your rights privileges.
« Last Edit: June 28, 2020, 06:49:53 AM by sbhaven »
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 
The following users thanked this post: SJK2, saleem

Online joelcramer

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Re: Permit Wait Times 2.0
« Reply #21 on: June 28, 2020, 08:14:08 PM »
I think there might be another choice. You could get an attorney and file an writ of Mandamus. That is a court order to compel the town to do their job.
 

Online nutter

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Re: Permit Wait Times 2.0
« Reply #22 on: June 28, 2020, 08:48:35 PM »
I think there might be another choice. You could get an attorney and file an writ of Mandamus. That is a court order to compel the town to do their job.

very unenforceable
 

Online sbhaven

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Re: Permit Wait Times 2.0
« Reply #23 on: June 29, 2020, 06:10:10 AM »
I think there might be another choice. You could get an attorney and file an writ of Mandamus. That is a court order to compel the town to do their job.
Great in theory. But in reality... how is it enforced? Who goes knocking on the towns door to "make" them do their jobs?

No, pretty much the only way this intentionally created institutional mess will be solved is to cost the towns money. Cost them enough money and they just might change their ways. The towns WANTED to be kept in the process apparently when there was talk about streamlining the process. Since they wanted to be in the process and jack up people, make them pay dearly for it.

Of course it will take someone with deep pockets to sue (and win). They know this. They also know that the chances of being sued over this process is slim. So it continues.
 :wall:
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online joelcramer

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Re: Permit Wait Times 2.0
« Reply #24 on: June 29, 2020, 08:08:52 AM »
very unenforceable
I don’t know it is a court order. When the towns lose at a permit hearing the board of examiners has a court order issued to force the town to issue the permit. I’m not so sure that a court order is unenforceable.
 

Offline saleem

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Re: Permit Wait Times 2.0
« Reply #25 on: June 29, 2020, 09:04:29 PM »
Whoa!! Very unexpected and pleasant surprise to report!

I was actually planning to call Hamden PD and ask them to tell me whether they had sent the docs to the state for background check or not so I could have some idea of what part of the process they sit on. Lo and behold, I had a hand addressed envelope in the mail from the PD! Sixth [sic- they actually misspelled it, lol] day temporary permit.  :banana: :banana:

My fingerprint appointment was June 16th. Permit is dated June 23rd and postmarked June 25th. This, after the fingerprinting officer explicitly told me I shouldn't look for it sooner than months!
 

 


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