Constructive denial case in CT?

[pleaseproceedtoroom101]

I applied for a Long Gun Eligibility Certificate in CT. This permit has cost me $100 for a safety class, $35 for fingerprints, and $122 for the permit itself. In a few days, it will pass 6 months since I applied. When I applied, the DESPP worker claimed it would take less than 8 weeks. CT state law states that once the fingerprints and background check clear, they have 6 months to process my application. However, about 5 weeks in I called to check on my permit, and they claimed my fingerprints had not even been sent in. Clearly, making the permitting system to own the relatively narrow selections of rifles or shotguns still legal in the state so incredibly burdensome, expensive, and long that most people would just give up is a violation of both the CT and US constitutions.

Because the BFPE(Board of Firearms Permit Examiners) seems to only handle pistol permit applications, how would I go about getting my rights? I am 18 years old, so spending too much money is difficult, but I am determined to get my permit, so I don't mind hiring somebody who knows the law in CT for an hour or so of legal advice, but I thought I would just see if anybody else had some suggestions, too.

Also, when do you think I should start working on getting a court date?

 

[pleaseproceedtoroom101]

Although I do think that the permitting is unconstitutional, I am not trying to strike it down, just get my rights.

 

[justalayman]

Before worrrying about court you really need to

1. Wait until the allowed time passes
2. Research the matter to determine if they failed to act or something happened to your application. For all you know the postman lost your letter.

 

[HighwayMan]

This is for long guns? I'm not familiar with it.

Why didn't you just apply for a Pistol Permit??

 

[Whoops2u]

Sec. 29-37q. Long gun eligibility certificate. Application. Form and content. Confidentiality.
(a) Requests for long gun eligibility certificates under section 29-37p shall be submitted to the Commissioner of Emergency Services and Public Protection on application forms prescribed by the commissioner. No long gun eligibility certificate shall be issued under the provisions of section 29-37p unless the applicant for such certificate gives to the Commissioner of Emergency Services and Public Protection, upon the commissioner's request, full information concerning the applicant's criminal record and relevant information concerning the applicant's mental health history. The commissioner shall require each applicant to submit to state and national criminal history records checks in accordance with section 29-17a. The commissioner shall take a full description of such applicant. The commissioner shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation. The commissioner shall record the date the fingerprints were taken in the applicant's file and shall conduct criminal history records checks in accordance with section 29-17a. The commissioner shall, not later than sixty days after receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the long gun eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing.
(b) A long gun eligibility certificate shall be of such form and content as the commissioner may prescribe, shall be signed by the certificate holder and shall contain an identification number, the name, address, place and date of birth, height, weight and eye color of the certificate holder and a full-face photograph of the certificate holder.
(c) A person holding a long gun eligibility certificate issued by the commissioner shall notify the commissioner not later than two business days after any change of such person's address. The notification shall include both the old address and the new address of such person.
(d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a long gun eligibility certificate under the provisions of section 29-37p shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the Commissioner of Emergency Services and Public Protection may disclose such information to the extent necessary to comply with a request made pursuant to section 29-37a or 29-38m for verification that such certificate is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
(P.A. 13-3, S. 3; P.A. 15-216, S. 7.)
History: P.A. 13-3 effective July 1, 2013; P.A. 15-216 amended Subsec. (d)(1) to add reference to parole officers within Department of Correction.

 

[Mass_Shyster]

This is for long guns? I'm not familiar with it.

Why didn't you just apply for a Pistol Permit??

According to a random website: "A person must be at least age 21 to obtain an eligibility certificate for a handgun. "

 

[pleaseproceedtoroom101]

I just realized i wrote that I waited 6 months, I meant 60 days.

 

[justalayman]

The commissioner shall, not later than sixty days after receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the long gun eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing.

That doesn’t say they must provide you with an answer within 60 days after you apply. It says they must provide a response within 60 days after receipt of your records from the FBI. As I said before you need to check on the status and not assume they received your records the day you filed your app because obviously they couldn’t.

 

[HighwayMan]

According to a random website: "A person must be at least age 21 to obtain an eligibility certificate for a handgun. "

Duh, thanks I should have known that!

 

[pleaseproceedtoroom101]

I called again, and this time they said it would take them 3-4 months to process the fingerprints alone. I guess that falls in line with the state regulations on paper, but it effectively bans firearms for those under 21. This feels like I'm buying an NFA weapon or something. That means that the only strategy I have to stop this would be to claim it is unconstitutional, which I assume is much harder then to claim it is a violation of their own law. Looks like its black powder for me for until the permit just does its thing. I dont have the time or the money to fight something like this, even if I wrote to the NRA or SAF.

 

[pleaseproceedtoroom101]

"The commissioner shall, not later than sixty days after receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the long gun eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing. " They claimed it was 60 days after they received the fingerprints, not after they received the NICS check, and they refused to tell me when- or if- the NICS check was processed. For reference, federal fingerprints take months, NICS takes days.

 

[Whoops2u]

You might try a freedom of information act demand and see if that kicks something loose:

Section 1-201 (Formerly Sec. 1-19c) - Division of Criminal Justice deemed not to be public agency, when. For the purposes of subdivision (1) of section 1-200, the Division of Criminal Justice shall not be deemed to be a public agency except in respect to its administrative functions. (P.A. 84-406, §12; P.A. 00-66, §4.)

http://www.ct.gov/foi/cwp/view.asp?a=4163&Q=489130
Sec. 1-210. (Formerly Sec. 1-19). Access to public records. Exempt records. (a) Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void. Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located or of the Secretary of the State, as the case may be. Any certified record hereunder attested as a true copy by the clerk, chief or deputy of such agency or by such other person designated or empowered by law to so act, shall be competent evidence in any court of this state of the facts contained therein....

I don't really see an exception that would apply. Make a broad request using dates and times and any records of action taken by the agency in regards to your application. You might ask for the manual they use to train administrators in the job of approving the permit as well. Get it all.

 

[justalayman]

"The commissioner shall, not later than sixty days after receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the long gun eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing. " They claimed it was 60 days after they received the fingerprints, not after they received the NICS check, and they refused to tell me when- or if- the NICS check was processed. For reference, federal fingerprints take months, NICS takes days.

I took my info from the law you posted. It matters not what they said. The only thing that matters is what the law says

Regardless, you said it hasn’t yet been 60 days since you filed your app. They have 60 days from the time of receiving NICS. They will not receive NICS the day you file your app. That means they have the time it takes for them to receive NICS PLUS 60 days. It hasn’t been 60days so they can’t be in violation of the law yet.

 

[justalayman]

I called again, and this time they said it would take them 3-4 months to process the fingerprints alone. I guess that falls in line with the state regulations on paper, but it effectively bans firearms for those under 21. This feels like I'm buying an NFA weapon or something. That means that the only strategy I have to stop this would be to claim it is unconstitutional, which I assume is much harder then to claim it is a violation of their own law. Looks like its black powder for me for until the permit just does its thing. I dont have the time or the money to fight something like this, even if I wrote to the NRA or SAF.

Call them. Ask about the NICS. If they admit they have that, ask when it was received. Then cite them the law that states they have 60 days after receiving NICS to act.

 

[HighwayMan]

I called again, and this time they said it would take them 3-4 months to process the fingerprints alone...

FYI when I applied for a pistol permit last year my prints took a lot longer to come back then they said it would - almost double the time in fact.