connecticut

To obtain a new Temporary State Permit to Carry a Pistol or Revolver in the State of Connecticut, every applicant must have successfully completed “…a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state…” approved by the Commissioner of Public Safety.

Additionally, each applicant for a new Temporary State Permit may present documentation of successful course completion from an approved “firearms training school”, which must also be approved by the Commissioner of Public Safety.

…..a course approved by the Commissioner of Public Safety in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association,

Successful Completion of this course of Instruction will be certified by Edward A. Peruta, an instructor currently recognized by The Commissioner of Public Safety in accordance with CGS 29-28 (b).

The course you are planning to attend will include basic elements of instruction that meet or exceed the current minimum requirements mandated by Connecticut State Statutes, regulations and the Commissioner of Public Safety.

To assist course participants with the application process, this course will involve an initial interview which will contain questions regarding the applicant’s background together with an explanation of the minimum requirements to obtain a Permit to Carry a Pistol or Revolver in the State of Connecticut.

It is recommended that individuals planning on taking this course first obtain, possess and understand certain documents regarding any criminal, civil or motor vehicle histories that may impact the ability to obtain a permit.

Each individual who participates in this course of instruction is required to present a fully completed notarized application for a Pistol Permit, more commonly referred to as form DPS-799.

Upon successful completion of this course, you should have a working understanding of the areas highlighted in blue.

I. Federal and State Constitutional Provisions

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

II. Requirements to Obtain a Connecticut Permit to Carry Pistols or Revolvers

Sec. 29-28. Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents.

(b) Upon the application of any person having a bona fide residence or place of business within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant

(1) has failed to successfully complete a course approved by the Commissioner of Public Safety in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association,

(2) has been convicted of a felony or of a violation of subsection (c) of section 21a-279, section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d,

(3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120,

(4) has been discharged from custody within the preceding twenty years after having

been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13,

(5) been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court,

(6) is subject to a restraining or protective order issued by a court in a case involving

the use, attempted use or threatened use of physical force against another person,

(7) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing,

Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on October 1, 1994, to participate in any additional training in the safety and use of pistols and revolvers. Upon issuance of a temporary state permit to the applicant, the local authority shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. Said commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local authority issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person.

Sec. 29-28a. Application for permit. Notice of decision to applicant. (a) Requests for temporary state permits under section 29-28 shall be submitted to the chief of police, or, where there is no chief of police, to the warden of the borough or the first selectman of the town, as the case may be, on application forms prescribed by the Commissioner of Public Safety. Upon written request by any person for a temporary state permit not on a prescribed application form, or upon request by any person for such application form, the local authority shall supply such forms. When any such request is made in person at the office of the local authority, the local authority shall supply such application form immediately. When any such request is made in any other manner, the local authority shall supply such application form not later than one week after receiving such request. If such application form is not supplied within the time limits required by this section, the request therefore shall constitute a sufficient application. If any local authority fails to supply an application form upon the request of any person, such person may request an application form from the Commissioner of Public Safety or any barracks of the Division of State Police, and the time limits and procedures set forth in this section for handling requests for such forms shall be applicable.

(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.

III. AREAS AN APPLICANT OR PERMIT HOLDER SHOULD CONSIDER WHEN OBTAINING, POSSESSING OR RENEWING A PERMIT TO CARRY A PISTOL OR REVOLVER IN CONNECTICUT

The following areas should always be considered when applying for or possessing a permit to carry

Does the applicant or permit holder have any history of disqualifying felony or misdemeanor convictions?

Does the applicant or permit holder have any history regarding acts of violence or propensity towards violence?

Does the applicant or permit holder have a history of mental or physical incapacitation?

Does the applicant or permit holder have any history of arrests and convictions on charges of moral turpitude?

Does the applicant or permit holder have any history of recent frequent misconduct?

Does the applicant or permit holder have any history that would raise questions about his or her Character?

Does the applicant or permit holder have any history that would question his or her reputation

Does the applicant or permit holder have any history which would Physically justify a denial for a permit?

Does the applicant or permit holder have any history of a Mental Conditions that would justify a denial of a permit?

Does the applicant or permit holder have any history of using Mature Judgment?

Does the applicant or permit holder have any history of Motor Vehicle or Criminal Convictions?

Are there any incidents or facts that would lead to a belief that the applicant is an UNSUITABLE PERSON?

Does the applicant or permit holder have any background situations which would prevent the issuance or renewal of a permit for possession of a pistol or revolver is prohibited under state or federal law.

IV. The Board of Firearms Permit Examiners

Sec. 29-32b. Board of Firearms Permit Examiners. Appeals to board. Hearings. (a) There shall be established a Board of Firearms Permit Examiners, within the Department of Public Safety for administrative purposes only, hereinafter referred to as the board, to be comprised of seven members appointed by the Governor to serve during his term and until their successors are appointed and qualify. With the exception of public members, the members shall be appointed from nominees of the Commissioner of Public Safety, the Connecticut State Association of Chiefs of Police, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc., and Ye Connecticut Gun Guild, Inc., and each of said organizations shall be entitled to representation on the board. At least one member of the board shall be a lawyer licensed to practice in this state, who shall act as chairman of the board during the hearing of appeals brought under this section.

(b) Any person aggrieved by any refusal to issue or renew a permit or certificate under the provisions of section 29-28 or 29-36f, or by any limitation or revocation of a permit or certificate issued under any of said sections, or by a refusal or failure of any issuing authority to furnish an application as provided in section 29-28a, may, within ninety days after receipt of notice of such refusal, limitation or revocation, or refusal or failure to supply an application as provided in section 29-28a, and without prejudice to any other course of action open to such person in law or in equity, appeal to the board. On such appeal the board shall inquire into and determine the facts, de novo, and unless it finds that such a refusal, limitation or revocation, or such refusal or failure to supply an application, as the case may be, would be for just and proper cause, it shall order such permit or certificate to be issued, renewed or restored, or the limitation removed or modified, as the case may be. If the refusal was for failure to document compliance with local zoning requirements, under subsection (a) of section 29-28, the board shall not issue a permit.

(c) Any person aggrieved by the action of an issuing authority may file with the board a clear and concise statement of the facts on which he relies for relief, and shall state the relief sought by the appellant. The receipt by the board of the appellant's statement shall initiate the appeals process, and no appeal may be rejected for mere lack of formality. The board shall, within ten days next following receipt of the appeal, set a time and place at which the appeal shall be heard. The board, while such appeal is pending, may request such additional information from the appellant and from the issuing authority as it deems reasonably necessary to conduct a fair and impartial hearing, and shall require of the issuing authority from whose decision or action the appeal is being sought a statement in writing setting forth the reasons for such failure, refusal, revocation or limitation. Failure or refusal of the issuing authority to furnish such written statement, or to supply the appellant with an application, at least ten days prior to the hearing shall be cause for the board to grant the relief sought, forthwith and without further hearing.

(d) The board shall hold hearings at such times and places as it in its discretion reasonably determines to be required, but not less than once every ninety days, and shall give reasonable notice of the time and place of the hearing to the appellant and to the issuing authority. The board shall have the power to compel attendance at its sessions.

(e) All appeals hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chairman. The board shall cause a verbatim transcript of the hearing to be kept in such manner as it may determine, and shall furnish such transcript to any party appealing its decision as hereinafter set forth. The statements of witnesses made under oath shall be privileged. Decisions of the board shall be by majority vote and shall be communicated in writing to the appellant and to the issuing authority within twenty days after the rendering of the decision. If any issuing authority neglects or refuses to comply with a decision of the board within ten days after notice of the board's decision has been given to such issuing authority, the board shall apply to the Superior Court for a writ of mandamus to enforce the board's decision.

(f) Any person aggrieved by the decision of the board may appeal therefrom in accordance with the provisions of section 4-183.

(g) The board shall serve without compensation, but its members shall be entitled to reasonable subsistence and travel allowances in the performance of their duties

APPEALS BEFORE THE BOARD OF FIREARMS PERMIT EXAMINERS CAN BE VERY TECHNICAL AND LEGAL IN NATURE, IT IS HIGHLY RECOMMENDED THAT ANYONE NEEDING TO FILE AN APPEAL SEEK THE ADVICE OF, OR REPRESENTION BY KNOWLEDGEABLE LEGAL COUNSEL.

Regulations of The Board of Firearms Permit Examiners

ORGANIZATION

Sec. 29-32b-1. Description of organization

The Board of Firearms Permit Examiners was created as the Board of Permit Examiners by Public Act No. 633 of the 1967 General Assembly. The Board derives its primary duties and authority from Section 29-32b of the General Statutes as amended. Under that section, the Board is authorized to make inquiries and investigations, take testimony, and render decisions regarding appeals brought to the Board by persons aggrieved by the action or inaction of an issuing authority in matters pertaining to sections 29-28 or 29-28a in the case of pistol and revolver permits, sections 53-206 or 53-206a in the case of dangerous weapons permits, and section 29-36f in the case of eligibility certificates.

(Effective May 1, 1975; Amended December 9, 1997)

Sec. 29-32b-2. Chairman

The Chairman of the Board of Firearms Permit Examiners serves as the presiding officer at meetings of the Board at which he is present. However, with respect to hearings of appeals, if said Chairman (1) is not present or (2) is not an attorney authorized to practice law in Connecticut, then a member of the Board who is both present and authorized to practice law in Connecticut shall act as Chairman of the Board during the hearing of an appeal.

(Effective May 1, 1975)

Sec. 29-32b-3. Secretary

The Secretary of the Board of Firearms Permit Examiners shall be responsible for all secretarial duties defined in sections 29-32b-5 through 29-32b-15. The chair man may appoint an interim secretary as needed.

(Effective May 1, 1975; Amended December 9, 1997)

Sec. 29-32b-4. Office

The Board shall maintain an office for conducting its day-to-day business. The office shall be staffed by a manager and other personnel as needed. Such manager shall serve as its executive head for routine administrative and operational matters. The official address of the Board is: Board of Firearms Permit Examiners, 251 Maxim Road, Hartford, Connecticut 06114. All communications to the Board should be mailed or delivered to the Board's official address, unless otherwise specifically requested by the Board.

(Effective May 26, 1989; Amended December 9, 1997)

Sec. 29-32b-4a. Election of officers

The Board shall elect its officers biennially. Officers shall serve for a period of twenty four months or until their successors take office, and there shall be no limit placed upon the number of terms, consecutive or non-consecutive an individual may serve.

(Effective December 9, 1997)

RULES OF PRACTICE

Sec. 29-32b-5. Petition for hearing

Any person aggrieved by any refusal to issue or renew a permit for selling pistols and revolvers or carrying pistols and revolvers or dangerous weapons or an eligibility certificate or by any limitation or revocation of such permit or certificate, or by refusal or failure of an issuing authority to furnish an application for such permit, may within ninety days of such action and without prejudice to any other course of action available to him in law or equity appeal to the Board.

(Effective May 1, 1975; Amended December 9, 1997)

Sec. 29-32b-6. Form of petition

The petition shall be in writing and shall identify the cause for the appeal. It shall state the name and address of the petitioner and be mailed or delivered as specified in Sec. 29-32b-4 of these Regulations.

(Effective May 1, 1975)

Sec. 29-32b-7. Acknowledgement

After receipt of the appeal the Secretary reserves the right to make a thorough inquiry of the facts of the appeal. When the Secretary determines that the information obtained relative to the appeal is sufficient to permit the conduct of a fair and impartial hearing, he shall set a date for a hearing and give reasonable notice of the time and place of the hearing to the appellant and to the issuing authority.

(Effective May 1, 1975)

Sec. 29-32b-8. Conduct of hearings

Hearings shall be conducted informally in a manner that guarantees fundamental fairness and the right to cross-examination. A verbatim transcript of each hearing shall be kept in a manner determined by discretion of the Secretary of the Board. In presenting his case, each party will be allowed adequate time as determined by the chairman of the Board.

(Effective May 26, 1989)

Sec. 29-32b-9. Attendance at hearing

The Board may compel attendance at hearings by the issuance of a subpoena signed by the Chairman or by the Secretary.

(Effective May 1, 1975)

Sec. 29-32b-10. Failure to appear

Failure of either party to an appeal to appear at a hearing shall be cause in the discretion of the Board for the appeal to be decided against the non-appearing party.

(Effective May 1, 1975)

Sec. 29-32b-11. Postponing, recessing, or rescheduling hearing

The Board may postpone, recess, or reschedule hearings at the discretion of the Secretary; or, if the Board is in session, at the discretion of the Chairman. Either party to an appeal may request the Board to postpone or reschedule a hearing and the Secretary in his discretion may grant or refuse the request. Any such request for postponing or rescheduling a hearing must be received by the Secretary at least one business day prior to the date of the hearing, excluding Saturdays, Sundays, and holidays.

(Effective May 1, 1975)

Sec. 29-32b-12. Decisions of the board

Decisions of the Board shall be by a majority vote of those present and voting. Decisions shall be communicated in writing to the appellant and the issuing authority within twenty days of rendition, except when the decision is rendered and communicated to the parties at a time when the parties are in the presence of the Board or its Secretary.

(Effective May 26, 1989)

Sec. 29-32b-13. Mandamus

The Board may apply to the Superior Court for a writ of mandamus to enforce its decision if the issuing authority does not comply within ten days of receipt of notice of the decision.

(Effective May 1, 1975)

Sec. 29-32b-14. Appeal

Any person aggrieved by a decision of the Board may appeal such decision in accordance with the provisions of Section 4-183 of the General Statutes, as amended.

Sec. 29-32b-15. Declaratory rulings

The Board may, in its discretion, issue declaratory rulings as to the applicability of any statutory provision or of any regulation, decision, or order of the Board. Any person may petition the Board for such a ruling. The petition shall be made in writing, shall identify the particular statutory provision, regulation, decision, or order with respect to which such ruling is requested, shall state the name and address of the petitioner, and shall be mailed or delivered as specified in Sec. 29-32b-4 of these Regulations. Any such petition shall be acknowledged by the Board within thirty days after its receipt by the Board and, unless the petition is denied by
the Board, a declaratory ruling in the matter shall be issued as expeditiously as circumstances permit.

V. Disqualifying Criminal Convictions or Facts which prevent the acquisition or renewal of a Permit to Carry Pistols or Revolvers as mandated by Connecticut General Statutes.

Sec. 29-28. Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents. (a) No person who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer shall advertise, sell, deliver, or offer or expose for sale or delivery, or have in such person's possession with intent to sell or deliver, any pistol or revolver at retail without having a permit therefore issued as provided in this subsection. The chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town, as the case may be, may, upon the application of any person, issue a permit in such form as may be prescribed by the Commissioner of Public Safety for the sale at retail of pistols and revolvers within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of any pistol or revolver shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place except that any person selling or exchanging a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place.

(b) Upon the application of any person having a bona fide residence or place of business within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant (1) has failed to successfully complete a course approved by the Commissioner of Public Safety in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, (2) has been convicted of a felony or of a violation of subsection (c) of section 21a-279, section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, (7) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing, (8) is an alien illegally or unlawfully in the United States, or (9) is less than twenty-one years of age. Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on October 1, 1994, to participate in any additional training in the safety and use of pistols and revolvers. Upon issuance of a temporary state permit to the applicant, the local authority shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. Said commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local authority issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person.

VI. Unsuitability as cause to deny, possess or renew a Permit to Carry Pistols or Revolvers

The basic requirements for obtaining, maintaining and renewing a Permit to Carry a Pistol or Revolver in the State of Connecticut is Suitability and the absence of any disqualifying events.

A recent Superior Court case quoted an 1882 Connecticut Supreme Court opinion stating that suitability “is not defined by the law so that its application can be determined as mere matter of eye-sight, but it is left necessarily to be determined solely by the judgment of the commissioners based upon inquiry and information. And that the particular manner of exercising such judgment cannot be controlled by any court is too obvious to require the citation of any authorities” (Lepri v. Board of Firearms Permit Examiners, No. CV 96-0055714, Sept. 29, 1998, citing Batters v. Dunning, 49 Conn. 479 (1882)).

VII. The effects of Court ordered Restraining or Protective Orders on persons possessing Permits to Carry Pistols or Revolvers.

Regardless of the circumstances, any individual who becomes the subject of a Restraining or Protective Order issued by a judge, will in some way be effected by the order.

An individual may not possess a permit during the time that the restraining or protective order is active and in effect.

The State of Connecticut requires all individuals to report the loss, misplacement or theft of a firearm within 72 hours, as mandated by statute.

Never point a pistol or revolver at anyone unless you have reason to do so and are prepared to use deadly force.

Regardless of the circumstances, always consider the pistol or revolver loaded with a round in the chamber.

If possible, when not in a defensive or offensive situation, always assure that the weapon’s safety is on.

Familiarize yourself with the law(s) regarding weapons in the home, around minors and small children and in motor vehicles.

Never leave a pistol or revolver unattended and/or unsecured where it may be taken.

Whenever possible and practical, it is wise to use trigger locks which are available from a variety of sources in CT.

Discussion on carrying your weapon openly or concealed and the possible issues with doing either.

Discussions of States witch recognize a Connecticut Permit To Carry Pistols or Revolvers and the mandatory concealment requirements that may apply in each.

Connecticut law does not currently address this issue. But, with limited exceptions, it is illegal to carry a handgun, whether concealed or openly, without a permit, except in one's home or place of business (CGS § 29-35(a)).

LIVE FIRE OF AT LEAST THREE ROUNDS IS A PRE-REQUISITE TO SUCCESSFULLY COMPLETE THIS COURSE.

Although not mandatory to complete this course of instruction, all participants prior to any live fire, will be asked to:

4. State their knowledge regarding prohibitions on where and under what circumstances a pistol or revolver may be carried.

To obtain certification in the area of live fire, every individual seeking certification by way of taking this course, will be required to demonstrate the knowledge and ability to safely handle and fire a pistol or revolver.

The live fire component of this course will involve: the safe handling of a pistol or revolver at all times, together with the ability to draw, load, shoot, reload and re-holster the pistol or revolver in a proficient manner.

d. A final critiqued by the instructor who may step in at any time to correct unsafe practices or improper handling

a. This course of fire may be modified as needed to comply with any legal requirements

c. Ideally, each student will have an opportunity to fire their personally owned revolver and a semi-automatic weapon during the course of live fire.

Actual live firing of a pistol or revolver will be waived to any individual course participant who presents a verifiable and/or certified copy of a government issued document which establishes proficiency with either a pistol or revolver.

Notarized copies of documents originating with a State or Federal Branch of the Military Services or a recognized Federal State or Local Law Enforcement agency will be accepted as prima fascia evidence of the minimum qualifications necessary to meet the live fire requirement of this course.

(Date of successful completion)

Address

This letter is to inform you that as an Instructor certified by the Commissioner of Public Safety, I have conducted a Firearms Training session with (First and Last Name of Individual), D.O.B. (MM/DD/YYYY), who is believed by me to be a currently suitable person with a current residence at (Street and Town).

Prior to offering the course of instruction, (First and Last Name of Individual)was interviewed and informed the undersigned that she has no known disqualifying factors in his/her background which would prevent him/her from obtaining and possessing a Permit to Carry a pistol or revolver in the State of Connecticut.

(First and Last Name of Individual) successfully completed the required course of instruction and demonstrated her ability to safely handle and fire a weapon in my presence.

I am therefore certifying, (by way of this letter), that the course of instruction provided to, and successfully completed by (First and Last Name of Individual), meets or exceeds the minimum requirements to apply for and possess a Permit to Carry a Pistol or Revolver in the State of Connecticut.

NOTICE TO APPLICANTS AS PUBLISHED BY THE CONNECTICUT DEPARTMENT OF PUBLIC SAFETY

Pursuant to Connecticut General Statutes, Sections 29-28, 29-32, 29-36f and 29-36I and Federal Public Law 104-208, s. 658: applications covered by these instructions will not be issued or be renewed, if:

You have a MISDEMEANOR CONVICTION in Connecticut of one of the following crimes:

1. Illegal possession of controlled or hallucinogenic substances, as specified under C.G.S. 21a-279 (c)

This means an offense that (1) is a misdemeanor under federal or state law; and (2) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent or guardian of the victim, or by a person with whom the victim shares a child in common, or by a person who is cohabiting with or who has cohabited with the victim or spouse, parent, or guardian, or by any person similarly situated to a spouse, parent or guardian of the victim.

You were discharged from custody within the preceding 20 years after having been found NOT GUILTY OF A CRIME BY REASON OF MENTAL DISEASE OR DEFECT 53a-13.

You were CONFINED TO A HOSPITAL for any psychiatric disability (17a-495) within the preceding 12 months by order of a judge of a probate court.

You are subject to a RESTRAINING ORDER or PROTECTIVE ORDER issued by a court in a case involving the use, attempted use or threatened use of physical force.

You are now subject to a Firearms Seizure Order issued pursuant to Public Act 99-212 Sec. 18, prohibiting possession of firearms.

You have been discharged from the Armed Forces under a dishonorable condition.

You are prohibited by Federal Law Section 922 (g) or (n) of Title 18 of the United States Code.

If you are in any of the above categories of persons, you should not file an application as it will be denied and your application fee may not be returned.

If you have any questions regarding your status, please inquire at the Special Licensing and Firearms Unit in person or by telephoning the following number: (860) 685-8290

In order to effectuate C.G.S. 29-28, the Department of Public Safety herein notifies the applicant that the Department of Public Safety (DPS) will be notified by the Department of Mental Health and Addiction Services (DMHAS) if the applicant has been confined in a hospital for psychiatric disabilities within the preceding twelve (12) months by order of probate court. The Department of Public Safety will use this information in order to fulfill its obligations under C.G.S. Section 29-28 to 29-38 inclusive.


April 10, 2008		2008-R-0238
GUN PERMIT ISSUES

By: Veronica Rose, Principal Analyst

You asked nine specific gun permit-related questions and specifically requested that we base our responses solely on statutes. Your specific questions and answers follow.

This office does not give legal opinions and this report should not be construed as such.

1. Is there any statute prescribing that firearms must be carried concealed?

The answer is no. The law does not address this issue. But, with limited exceptions, it is illegal to carry a handgun, whether concealed or openly, without a permit, except in one's home or place of business (CGS § 29-35(a)).

2. Is the carrying of a handgun on premises with a posted sign banning firearms critical to a permit revocation decision?

The law is silent on this issue. The pertinent statute reads as follows: “[T]he issuance of a permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises” (CGS § 29-28(e)).

3. Does simple exposure of a firearm justify the revocation of a gun permit?

The law does not provide an exhaustive list of permit revocation criteria. Rather, it allows revocation for cause. It requires revocation upon the permit holder's conviction for a felony or any of 11 specified misdemeanors. It also requires revocation upon any grounds on which a permit would have been denied. This includes a finding that the applicant (1) is not suitable (which the law does not define) to receive a permit or (2) does not want the handguns for lawful purposes. The law does not define suitability, and it does not provide standards for making the determination (see BACKGROUND).

1. criminally negligent homicide (excluding deaths caused by motor vehicles) (CGS § 53a-58);

3. third-degree assault of a blind, elderly, pregnant, or mentally retarded person (CGS § 53a-61a);

11. first offense involving possession of (a) controlled or hallucinogenic substances (other than a narcotic substance or marijuana) or (b) less than four ounces of a cannabis-type substance (CGS § 21a-279(c)).

The other grounds on which the permit issuing authority must deny and revoke a permit are that the person:

3. failed to successfully complete a firearm safety and use course approved by the commissioner;

4. was discharged from custody in the preceding 20 years after a finding of not guilty of a crime by reason of mental disease or defect;

5. was confined by the probate court to a mental hospital in the 12 months before applying for a permit or certificate;

8. is prohibited under federal law from possessing or shipping firearms because he or she was adjudicated as a mental defective or committed to a mental institution (except in cases where the Treasury Department grants relief); and

9. is under a protective or restraining order for using or threatening to use force and in the case of possession, he or she knows about the order and if the order was issued in-state, he or she was notified and given a hearing opportunity (CGS §§ 29-28 and 29-32).

4. Can the Department of Public Safety (DPS) revoke a permit without a written request?

The answer is yes. The public safety commissioner may revoke a permit based upon his own investigation or at the request of any law enforcement official (CGS § 29-32(b)). The law does not specify that the revocation request be made in writing.

5. How must the public safety commissioner notify a permit holder that his or her permit is revoked?

The commissioner must provide written notice to the permit holder (CGS § 29-32(b)).

6. Can a person apply for a permit in more than one location if he or she has more than one bona fide residence?

The law does not address the subject of multiple residences. It reads as follows: “Upon the application of any person having a bona fide residence or place of business within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state. . . . ” (CGS § 29-29(b)).

7. Does the law require DPS to conduct an independent investigation before revoking a gun permit?

8. What limitation, if any, does the law place on the use of erased criminal history or dismissed case records in the permit revocation process?

The law does not describe the gun permit revocation process or specify what records the commissioner must consider in making revocation decisions. But it allows people aggrieved by a permit revocation to appeal, within 90 days, to the Board of Firearms Permit Examiners (CGS § 29-32b).

The law requires police, courts, and prosecutors to erase all related records when (1) a criminal case is dismissed or nolled, (2) the offense for which the defendant was convicted is later decriminalized, or (3) a defendant is acquitted or granted an absolute pardon (CGS § 54-142a). (The duty to erase does not apply if the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect. ) “Court records” do not include the record or transcript of an official court reporter, assistant court reporter, or monitor.

Erased records are generally not disclosable. But a court may order disclosure to (1) a defendant in an action for false arrest, (2) a state prosecutor and a defense attorney when the defendant faces perjury charges based on his trial testimony, or (3) crime victims within two years after final disposition of the criminal case (CGS § 54-142c).

9. How long after a permit revocation must a person wait to reapply for a temporary state gun permit?

The law does not address this issue. But a person whose permit is revoked on certain grounds (e. g. , conviction for a felony or any of the specified misdemeanors) is permanently barred from getting another permit.

Connecticut law, as interpreted by the courts, gives broad discretion to officials who determine whether someone is suitable to carry handguns.

For gun permitting purposes, the gun literature identifies “shall issue” or “may issue” states. In “shall issue” states, the permit or license authority must issue the permit or license if the applicant meets the law's requirements. Connecticut is a “may issue” state, in that the permit-issuing official has discretion to determine whether to issue or revoke a permit.

Many court opinions dealing with suitability for gun permits cite an 1894 Connecticut Supreme Court decision that involved liquor licenses. The word “suitable” as descriptive of an applicant for license under the statute, is insusceptible of any legal definition that wholly excludes the personal views of the tribunal authorized to determine the suitability of the applicant. A person is “suitable” who by reason of his character — his reputation in the community, his previous conduct as a licensee — is shown to be suited or adapted to the orderly conduct of [an activity] which the law regards as so dangerous to public welfare that its transaction by any other than a carefully selected person duly licensed is made a criminal offense. It is patent that the adaptability of any person to such [an activity] depends upon facts and circumstances that may be indicated but cannot be fully defined by law, whose probative force will differ in different cases, and must in each case depend largely upon the sound judgment of the selecting tribunal (Smith's Appeal from County Commissioners, 65 Conn. 135, 138 (1894)).

One court dealing with suitability stated that the government's interest “is to protect the safety of the general public from individuals whose conduct has shown them to be lacking the essential character or temperament necessary to be entrusted with a weapon” (Rabbit v. Leonard, 36 Conn. Sup. 108, 115 (1979)). Another court stated that the “personal views of the agency members are necessarily a factor in the decision, and similar facts and circumstances will have varying probative force in different cases” but the facts found by the board should provide a logical inference that the person poses some danger to the public if allowed to carry a weapon outside the home or business (Nicholson v. Board of Firearms Permit Examiners, No. CV 940541048, Sept. 28, 1995).

Sec. 22a-74a	Exemption of firing and shooting ranges from criminal and civil liability for noise and noise pollution.
Sec. 29-27	"Pistol" and "revolver" defined.
Sec. 29-28	Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder.
Sec. 29-28a	Application for permit. Notice of decision to applicant.
Sec. 29-29	Information concerning criminal records of applicants for permits.
Sec. 29-30	Fees for pistol and revolver permits. Expiration and renewal of permits.
Sec. 29-31	Display of permit to sell. Record of sales.
Sec. 29-32	Revocation of permit. Notification. Penalty for failure to surrender permit.
Sec. 29-32a	Appeal from refusal or revocation of permit.
Sec. 29-32b	Board of Firearms Permit Examiners. Appeals to board hearings.
Sec. 29-33	Sale, delivery or transfer of pistols and revolvers. Documentation requirements. Waiting period. Exempted transactions. Penalty.
Sec. 29-34	False statement or information in connection with sale or transfer of pistol or revolver prohibited. Sale or transfer to person under twenty-one years of age prohibited. Temporary transfers. Penalties.
Sec. 29-35	Carrying of pistol or revolver without permit prohibited. Exceptions.
Sec. 29-36	Alteration of firearm identification mark, number or name.
Sec. 29-36f	Eligibility certificate for pistol or revolver.
Sec. 29-36g	Application for eligibility certificate. Criminal history records check. Deadline for approval or denial of an application. Form of certificate. Change of address. Confidentiality of name and address of certificate holder. Scope of certificate.
Sec. 29-36h	Fee for eligibility certificate. Expiration and renewal of eligibility certificate.
Sec. 29-36i	Revocation of eligibility certificate.
Sec. 29-36j	Purchase or receipt of pistol or revolver without permit or eligibility certificate prohibited. Exceptions Repealed
Sec. 29-36k	Transfer or surrender of pistols or revolver by person ineligible to possess same.
Sec. 29-36l	State data base to supply information concerning validity of permits and eligibility certificate.
Sec. 29-36m	Regulations
Sec. 29-37	Penalties.
Sec. 29-37a	Application to purchase a firearm other than a pistol or revolver. Waiting period. Delivery. Exceptions.
Sec. 29-37b	Firearms dealer to provide gun locking device and warning at time of sale. Penalty.
Sec. 29-37c	Transferred to Sec. 29-37i.
Sec. 29-37d	Firearms dealer to install burglar alarm system on premises of its establishment. Exceptions.
Sec. 29-37i	Formerly Sec. 29-37c). Responsibilities Re: storage of loaded firearms with respect to minors.
Sec. 29-37j	Purchase of firearm with intent to transfer it to person prohibited from purchasing or possessing.
Sec. 29-38	Weapons in vehicles.
Sec. 29-38a	Out-of-state purchase or acquisition of rifles or shotguns. Repealed
Sec. 29-38b	Determination of commitment status of person who applies for or seeks renewal of firearm permit or certificate. Report on status of application.
Sec. 53-202	Machine guns.
Sec. 53-202a	Assault weapons: Definition. Sec. 53-202b. Sale or transfer of assault weapon prohibited. Class C felony.
Sec. 53-202c	Possession of assault weapon prohibited. Class D felony.
Sec. 53-202d	Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized.
Sec. 53-202e	Relinquishment of assault weapon to law enforcement agency.
Sec. 53-203	Unlawful discharge of firearms
Sec. 53-204	Hunting or discharging firearm from public highway.
Sec. 53-205	Shotguns, rifles and muzzleloaders in vehicles and snowmobiles.
Sec. 53-206	Carrying and sale of dangerous weapons.
Sec. 53-206a	Application for permit. Notice of decision to applicant. Repealed
Sec. 53-206b	Unlawful training in use of firearms, explosive or incendiary devices or techniques capable of causing injury. Class C felony.
Sec. 53-206c	Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor.
Sec. 53-206d	Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor.
Sec. 53a-8	Criminal liability for acts of another.
Sec. 53a-16a	Affirmative defense in certain situations involving firearms; exceptions.
Sec. 53a-211	Possession of a sawed-off shotgun or silencer: Class D felony.
Sec. 53a-212	Stealing a firearm. Class D felony.
Sec. 53a-216	Criminal use of firearm or electronic defense weapon: Class D felony.
Sec. 53a-217	Criminal possession of a firearm or electronic defense weapon: Class D felony.
Sec. 53a-217a	Criminally negligent storage of a firearm: Class D felony
Sec. 53a-217b	Possession of a weapon on school grounds: Class D felony.
Sec. 53a-217c	Criminal possession of a pistol or revolver: Class D felony.
Sec. 54-36e	Firearms to be turned over to state police. Sale at public auction.
Sec. 54-36n	Identification and tracing of seized and recovered firearms.

Sec. 29-27	"Pistol or "revolver" defined.
Sec. 29-28	Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder.
Sec. 29-28a	Application for permit. Notice of decision to applicant.
Sec. 29-29	Information concerning criminal records of applicants for permits.
Sec. 29-31	Display of permit to sell. Record of sales.
Sec. 29-32	Revocation of permit. Notification. Penalty for failure to surrender permit.
Sec. 29-32a	Appeal from refusal or revocation of permit.
Sec. 29-32b	Board of Firearms Permit Examiners. Appeals to board hearings.
Sec. 29-33	Sale, delivery or transfer of pistols and revolvers. Documentation requirements. Waiting period. Exempted transactions. Penalty.
Sec. 29-34	False statement or information in connection with sale or transfer of pistol or revolver prohibited. Sale or transfer to person under twenty-one years of age prohibited. Temporary transfers. Penalties.
Sec. 29-35	Carrying or pistol or revolver without permit prohibited. Exceptions.
Sec. 29-36	Alteration of firearm identification mark, number or name.
Sec. 29-36f	Eligibility certificate for pistol or revolver.
Sec. 29-36g	Application for eligibility certificate. Criminal history records check. Deadline for approval or denial of an application. Form of certificate. Change of address. Confidentiality of name and address of certificate holder. Scope of certificate.
Sec. 29-36h	Fee for eligibility certificate. Expiration and renewal of eligibility certificate.
Sec. 29-36i	Revocation of eligibility certificate.
Sec. 29-36j	Purchase or receipt of pistol or revolver without permit or eligibility certificate prohibited. Exceptions Repealed
Sec. 29-36k	Transfer or surrender of pistols or revolver by person ineligible to possess same.
Sec. 29-36l	State data base to supply information concerning validity of permits and eligibility certificate.