• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

CT non res permit

M

Mawagian

Joined
May 27, 2014
Messages
133
Likes
79
Location
Western MA
Feedback: 0 / 0 / 0
Is anyone familiar with the paperwork to apply for ct non res permit?

I'm in the process of filing out the DPS-799-c form and where it asks "Have you ever been CONVICTED under the laws of this state,federal law or the laws of another jurisdiction? Yes or no and then you list the convictions including charges location dates of arrest and disposition.

I have never been arrested in my life however in like 1992 or 1993 while in the military in Virginia I was pulled over for reckless driving and given a ticket to appear in court on a future date. I went to court and the judge reduced the charge down to a speeding fine which I paid promptly.

When i applied (and received unrestricted) my LTC in MA I Disclosed this information on question 10 mostly because of the wording of the question which is "Have you ever appeared in any court as a defendant for any criminal or criminal traffic offense"

I'm not exactly sure if reckless driving is a criminal offense in Virginia? I think it might be... so I fessed up to everything just in case lol.

I'm not one to hide anything but I really don't think my situation applies to the question on the CT form. I wasn't convicted of anything?

What say you experts ?
 
I'm no expert on this (aside from me getting my CT non resident license lol). I'd agree that your situation doesn't apply to this question (but what would I know?). I'll let the resident CT expert dcmdon chime in.
 
I believe they will only look at the speeding conviction. Speeding is not on the list of statutory disqualifiers - see http://ct.gov/despp/lib/despp/slfu/firearms_brochure_06-07-16.pdf . I don't think it will hurt to disclose the record.

If you need clarification, call the Special Licensing and Firearms unit and ask for Rose Mirante. PM me if you want a direct tel number.
 
IN the OP's situation, there are two questions to be concerned about answering correctly. One of the questions is that relating to arrest history. The other question relates to conviction history. In Virginia Reckless Driving is a Class 1 Misdemeanor, punishable by up to 12 months imprisonment- so that likely would count as an arrest even if it didn't involve a handcuffs and a trip to jail.

The other question is that which his post was about- related to the convictions.

In the past, there have been instances in which people with otherwise non-disqualifying records (statutorily mandated or by suitability) have gotten themselves denied (and had denials upheld by the Board of Firearms Permit Examiners/ BFPE) due to false applications. It is something to take very seriously. (If you watch any of the BFPE hearings on CT-N [http://www.ctn.state.ct.us --->search firearms] you will see what a harsh view the board takes when people submit false information and claim it be a mistake later).
 
Last edited:
robmcd said:
I believe they will only look at the speeding conviction. Speeding is not on the list of statutory disqualifiers - see http://ct.gov/despp/lib/despp/slfu/firearms_brochure_06-07-16.pdf . I don't think it will hurt to disclose the record.

If you need clarification, call the Special Licensing and Firearms unit and ask for Rose Mirante. PM me if you want a direct tel number.
Click to expand...

A couple of points to keep in mind-
(1) Connecticut is a state with a subjective suitability clause that usually acts as functionally a pretty much shall issue state. The issuing authority can deny applicants whom they believe would be unsuitable to carry a pistol/ revolver in public on the premise that the permit statute is intended to prevent people who may pose a risk to public safety (if allowed to carry a pistol/revolver in public) from receiving a permit.
(2) There have been cases in which driving history has been component to a decision to deny based on suitability. I'm not saying this to scare anybody but rather to underscore the seriousness of being honest.
(3) Connecticut issuing authorities take a very dim view of false information on permit applications, even if inadvertent.
(4) PA 13-3 limits application frequency- meaning that there is an additional year wait if you want to apply again i.e. because you are denied for an honest mistake.
(5) Wait time for a BFPE hearing is now measurable in years. (This is good news for appellants who are waiting out a period of accelerated rehabilitation, but for other appellants, is bad news.)
(6) During appeals hearings, the Board of Firearms Permit Examiners takes an equally dim view on applicants who provide false information either on the applications or during the course of the hearing. They routinely uphold denials for what people claim to be inadvertent omissions. They tell applicants that they should have more carefully prepared their applications, particularly since it is a notarized document, with warning about the penalties of false statement on it.
(7) At least one member of the Board of Firearms Permit Examiners is known to be particularly cynical about appellant honesty- a previous FOI request revealed email communication between that member and another indicating that he believes the status-quo is for appellants to say whatever they feel is necessary to get their permits.
(8) In the event that somebody does end up appealing to BFPE, they are separately asked to disclose all arrests and motor vehicle charges and dispositions- including violations and infractions.
 
Last edited:
Pay careful attention to the fee amounts they want. My paperwork listed 2 different amounts for fingerprint prosesding and they were both wrong. They spent $7 to return my whole package back to me because I overpaid them $4 on the fingerprint processing money order. The fee was reduced to $12 in October. Then I had to pay $6 to mail everything back to them. What a waste.


Sent from my iPhone using Tapatalk
 
CT requires you to disclose CONVICTIONS. So put the speeding conviction on your application.

Arrests without convictions are irrelevant in CT. In fact CT law requires ALL records of arrest, investigation and prosecution to be be destroyed if a defendant is found Not Guilty or his charges are dismissed. If the charges are nolle'd then records must be destroyed within 13 months of the nolle.

Per JAD's comment. Rule number 2 regarding talking to the police is: Never lie to the police.

The net result of all of JAD's points is that if you are denied and you appeal to the BFPE, you will probably get your Pistol Permit provided that you are not a prohibited person.

But it will probably take a year to sort it all out. So we're back to my first point. Disclose the speeding conviction and send the DPS799 in.

Don

https://www.cga.ct.gov/current/pub/chap_961a.htm
 
Last edited:
dcmdon said:
CT requires you to disclose CONVICTIONS. So put the speeding conviction on your application.

Arrests without convictions are irrelevant in CT. In fact CT law requires ALL records of arrest, investigation and prosecution to be be destroyed if a defendant is found Not Guilty or his charges are dismissed. If the charges are nolle'd then records must be destroyed within 13 months of the nolle.

Per JAD's comment. Rule number 2 regarding talking to the police is: Never lie to the police.

The net result of all of JAD's points is that if you are denied and you appeal to the BFPE, you will probably get your Pistol Permit provided that you are not a prohibited person.

But it will probably take a year to sort it all out. So we're back to my first point. Disclose the speeding conviction and send the DPS799 in.

Don

https://www.cga.ct.gov/current/pub/chap_961a.htm
Click to expand...


Unlike employment applications, on which applicants with non-convictions are simply directed to answer no (without distinction between CT and non-CT non-convictions) the DPS-799 form in its current iteration makes such a distinction and instructs applicants seeking a temporary pistol permit or eligibility certificate to disclose out of state arrests that resulted in non-conviction UNLESS the state where the non-conviction occurred allows one to claim that they were never arrested.

[This is one of the few ways that the current 799 is less applicant friendly than the antiquated 1990s version, which only asked about convictions and pending charges]

Another thing to point out is that 54-142a does not necessarily cause documents (e.g. UAR, information, complaint, warrant, etc....) that reference charges that were subbed down to disappear when the individual is convicted of the lesser substitute charge. i.e. If an individual is arrested by warrant for Assault 3d (A/M) and Breach of Peace 2d (B/M) following involvement in a fight, and at court the state's attorney allowed the defendant to plead guilty to substitute charge of Creating a Public Disturbance (Infraction); anybody could go to the criminal clerk and still see the arrest warrant/application/return, UAR, and Information referencing the misdemeanor charges as well as the substitute information referencing the infraction charge, along with the judgement, and signed statement regarding understanding of potential immigration impact.


[grin]Very critical point.

Though our appeals system is more fair than other restrictive states', I am, very deliberately, not saying that. In fact, if somebody is denied for false application based on omitted criminal history, I would actually say that the odds are against the Appellant outside of extenuating circumstances. It is best to follow the critical honesty rule, and hopefully not be denied.

Don't forget about the arrest question, too.
 
Re your last statement, "Don't forget about the arrest question, too."

Are you suggesting that he voluntarily disclose an arrest that did not result in prosecution in CT?

Don

p.s. As a single datapoint. I was arrested in 1990 in New Haven, CT, and all charges were dismissed. When I moved to MA, I disclosed this on my LTC application. (MA application asks if you have ever appeared in court as a defendant. ) Even though the judge explicitly told me that I could truthfully say "NO" to any questions about this arrest". He finished his comment with "It didn't happen, do you understand".

I chose to disclose the arrest my local licensing authority in MA. As it turns out, all checks on me came up empty. The arrest had been properly "cleaned" from the CT system as required by law.
 
Last edited:
I would call and ask. If their wording is "convicted" and your case was thrown out, I think you're good. I had to call a few times during my application and they were actually very helpful, if not expeditious in their response.


Sent from my iPhone using Tapatalk
 
dcmdon said:
Re your last statement, "Don't forget about the arrest question, too."

Are you suggesting that he voluntarily disclose an arrest that did not result in prosecution in CT?

Don

p.s. As a single datapoint. I was arrested in 1990 in New Haven, CT, and all charges were dismissed. When I moved to MA, I disclosed this on my LTC application. (MA application asks if you have ever appeared in court as a defendant. ) Even though the judge explicitly told me that I could truthfully say "NO" to any questions about this arrest". He finished his comment with "It didn't happen, do you understand".

I chose to disclose the arrest my local licensing authority in MA. As it turns out, all checks on me came up empty. The arrest had been properly "cleaned" from the CT system as required by law.
Click to expand...

I am going to avoid advising as to how he should reply to the arrest question. However, the instructions on the DPS-799C (in it's current form) leave little ambiguity about what they are looking for in a reply.

With regard to criminal history information arising from jurisdictions other than the State of Connecticut: You are notrequired to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erasedpursuant to the law of the other jurisdiction. Additionally, you are not required to disclose the existence of an arrestarising from another jurisdiction if you are permitted under the law of that jurisdiction to swear under oath that you havenever been arrested.
Click to expand...


With an out of state arrest, it is important to know what the laws of the state where the arrest occurred are and how they apply to your situation. They can very greatly. Many states do not afford non-convicts the same ability to say "It didn't happen!" that Connecticut does for people who receive a disposition other than conviction in a CT state court.

Your arrest occurred in Connecticut and resultant to 54-142a (et-seq) which is why it was erased as it was Many other states don't erase arrests which failed to result in conviction the way Connecticut does.
 
Last edited:
Question.....is the Ma. State Police LTC course usable? Or do I have to take the NRA basic Pistol saftey ?

Sent from my SM-G935V using Tapatalk
 
dcmdon said:
NRA Basic Pistol only. Period. End of discussion. It is the only available course approved by the commissioner.

Don
Click to expand...

For practicality sake, yes, NRA Basic Pistol is THE course to take for Connecticut.

Robert McDermott/ McDermott & Company offers LTC-020 (Massachusetts Pistol License Course) as being Connecticut approved with live fire.
 
JAD said:
For practicality sake, yes, NRA Basic Pistol is THE course to take for Connecticut.

Robert McDermott/ McDermott & Company offers LTC-020 (Massachusetts Pistol License Course) as being Connecticut approved with live fire.
Click to expand...
Experience tells me an NRA instructor certificate for NRA Basic Pistol is also accepted.
 
Last edited:
JAD said:
For practicality sake, yes, NRA Basic Pistol is THE course to take for Connecticut.

Robert McDermott/ McDermott & Company offers LTC-020 (Massachusetts Pistol License Course) as being Connecticut approved with live fire.
Click to expand...

Does he have a letter from the commissioner of public safety?

A group I'm affiliated with (CT Carry) tried to get a syllabus approved post-sandy hook and were denied.

CT Carry board member Ed Peruta got his course approved before Sandy Hook but is not teaching it or licensing out the content. He did it purely as an academic exercise.
 
Rob Boudrie said:
Experience tells me an NRA instructor certificate for NR Basic Pistol is also accepted.
Click to expand...

I have heard of NRA instructors moving to MA and explainting to their town licensing officer that its dumb for them to take a course they are certified to teach. In all cases that I know of, they were allowed to present instructor credentials in lieu of a course completion certificate.

This is a commonsense application of discretion, since the applicants aren't technically usually in compliance with thge law. MA law requires the NRA basic pistol class taken by the instructor be taught by a MA approved instructor. Which is unlikely for an out of state person.

Don
 
dcmdon said:
Does he have a letter from the commissioner of public safety?

A group I'm affiliated with (CT Carry) tried to get a syllabus approved post-sandy hook and were denied.

CT Carry board member Ed Peruta got his course approved before Sandy Hook but is not teaching it or licensing out the content. He did it purely as an academic exercise.
Click to expand...

Yes, I have a letter dated March 7, 2014 approving the course. Please note that the course as approved includes a CT law segment that I added to the MA version of my course, and the certificate includes specific verbiage requested by CT. It took nearly 2 years for the review and approval process. Although NRA Basic Pistol is the benchmark course, my contact at the SLFU told me at the time there were 6 approved courses, and I know of 1 more that was recently approved.
 
Rob,

This is fantastic information. As of the time of our application in 2013, there was only NRA and Peruta's. I'm thinking our timing may have been off since it was just a couple of months after Sandy Hook.

Now I just need to find the documentation.

Don

p.s. Would you be interested in letting another person teach it? If you might be interested please PM me.
 
dcmdon said:
This is a commonsense application of discretion, since the applicants aren't technically usually in compliance with thge law. MA law requires the NRA basic pistol class taken by the instructor be taught by a MA approved instructor. Which is unlikely for an out of state person.

Don
Click to expand...
Unless the out of state person pays $50, gets a MA instructor certificate, and then talks to himself about guns and gun laws for a few hours and issues himself a certificate.
 
My non-res permit came in the mail yesterday. Mailed the packet in on 1/4/17. Permit was issued 4/11/17. Just an FYI for anyone else waiting on one
 
Did you pick up the packet or have them mail it to you? I've always wondered if they play games by not mailing it to you.
Your time frame is about the same as my resident LTC in MA.
 

Similar threads

If CT suddenly didn't have its restrictions.....
Replies
7
Views
203
FPrice
FPrice
CT: NWCSA Seminar on HB 6667 by Attorney Greg Miller Esq.
Replies
0
Views
31
sbhaven
S
CT HB5448 - AN ACT CONCERNING SECURITY OF CERTAIN ELECTION WORKERS AND ELECTIONS-RELATED LOCATIONS
Replies
1
Views
43
sbhaven
S
CT NRA Basics of Pistol Shooting
Replies
0
Views
47
MassPete
MassPete
CT Bans Private Sales
2
Replies
30
Views
2K
allen-1
allen-1
Back
Top Bottom