CT Pistol permit app question

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I have a question regarding criminal history on the application
Before I ask my question I first want it to be known that in no way am I trying to hide or lie about anything. I just don't want to put something down if I don't legally have to.
16 years ago in MA (so out of state) I was found guilty of a MISD A+B and not guilty of FELONY A+B (Shod foot). Sentence was 6 month suspended sentence, 2 week served, 1 year probation. Nothing was on my record before this or after this. There was no kicking mentioned in any reports made so no one knows why they even tried to charge me with the felony shod foot. Long story short it was a fight at a college party with several individuals involved, not just me.
About 10 years ago I had the MISD conviction sealed for job purposes and didn't do anything with the Felony charge because I was found not guilty of it. MASS clearly states that if your record is sealed you can answer honestly that you have no arrests or convictions on applications.
So on the CT application for the pistol permit it first asks if you've ever been arrested. I was given a summons to court to answer to the above charges and never physically handcuffed, put into a po and read my rights. Does that summons count as a arrest?
Next on the Conviction section it specifically asks about CT convictions. Then states that when dealing with OUT OF STATE convictions/jurisdictions that you do not have to disclose any convictions/arrests if you are allowed to do so under the laws of that jurisdictions. Mass law clearly states that if your record is sealed you are allowed to legally answer No to any criminal history questions. Now I know Mass created these laws to help with job placement and not allow employers to discriminate applicants based on criminal history. Im guessing even though sealed it will still come up on FBI check but don't think it will show on a CORI report.
So part of me wants to just put everything in detail on the application and state that its been sealed, just so its on paper and they can decide if it can be used or not. But another part of me wants to answer "no" to the arrests and convictions because according to MASS law I can do so. However I don't want it to come back and disqualify me if they think was trying to lie or mislead. Ive talked to several friends that are local PD, State PD, gun enthusiasts, and I received every possible answer from all of them.
Appreciate any feedback.
 
You really need to consult a CT gun lawyer in person. The cost of a consult will be less than the cost of any hassle or license denial that is possible here.

I grew up in CT and lived there for 30 years. Do not get yourself in the middle of a locense denial battle. Its bad enough the process there is so long.
 
Also, NSTASSEL here with probably know someone. If it was in MA I would highly recommend Neil. I'm not sure of his CT gun law prowess on licensing, but I do know he's handled criminal cases in CT.
 
You have received terrific advice above. You need to find a CT lawyers who specializes in the CT gun laws. Police officers are generalists when it comes to the law. You need an expert.

BTW, it is my understanding that there is no such thing as sealed records in Mass when it comes to pistol permits. They see everything regardless of whether or not it is sealed. Juvenile records may be exempted. I don’t recall. I don’t know how this translates to a Connecticut records request.

It would be great if you update this thread with your results once this has run its course as it would be helpful to others in the future.

Good luck,

Bob
 
@HorizontalHunter that is my biggest concern with the way MASS as worded the sealing of records. It mainly has to do with job applications but it states you can legally answer "no record" to any questions regarding your criminal history if your record is sealed. While law enforcement and other agencies will still be able to find it if needed you are legally allowed to answer no.
Ive called a few law offices so we'll see who calls back.
 
I would PM DMCDON. He's not in CT anymore, but he will know someone.

I can give you my opinion. But I'd give Attorney Ralph Sherman or Rachel Baird a call first. Both can handle this.

In my humble opinion if everything is truly sealed and you can tell the "legal fiction" that you have never been arrested or convicted, then leave it off. But don't listen to me.

One other thing. Realize that the environment in CT is vastly different from MA. CT has a law that says that if you have been arrested and charged with something and the charges are dropped or you are acquitted then ALL RECORDS associated with the arrest, prosecution, etc must be DESTROYED. And that you are legally to answer in the negative to any question related to an arrest or prosecution.

In other words per CT law, if you were acquitted, IT NEVER HAPPENED.

MA is very very different. I've heard of people losing their LTCs because of a CWOF.

Relevant CT law:
 
BTW, it is my understanding that there is no such thing as sealed records in Mass when it comes to pistol permits. They see everything regardless of whether or not it is sealed. Juvenile records may be exempted. I don’t recall. I don’t know how this translates to a Connecticut records request.
Juvenile records can, will, and are used as the basis of firearms disqualification in MA. The seal is at least partially broken - I think the PD may get a response from the BOP like "Sealed record exists [is/is not] a firearms disqualifier". Findings of juvenile delinquency, if the underlying act would have been a felony for an adult, are treated as felonies for the purpose of MA firearms disqualification.

This was appealed to the MA Supreme Marsupial/Judicial Court, and the practice was upheld. The court did not want to give a black man who carried a gun at age 14, but went on to earn a PhD and become a productive member of society his rights back. I believe SCOTUS denied cert on an appeal.

The case was Chardin v. Police Commissioner of Boston, and the adjudication was delinquent child w/probation as the sentence. He was also guilty of not carrying the gun in a proper holster, but that was an offense against common sense and NES wisdom, but not MGL, so it was not charged. The deal probably "seemed like a pretty good deal at the time".

The AG interceeded and took over defending the position that a juvenile delinquency finding for something that "would have been a felony, but is not a conviction due to the nature of juvenile law in MA" was allowed by both MGL and Heller.

A big problem I have with this is the concept that a juvenile cannot (in practice) make his/her own decision regarding plea deal vs. trial, but can be punished for a lifetime because of decision his parent or legal guardian either made for him/her or compelled him to make. Really think a 12 year old could pull off "I want a trial dad, pay that retainer out of your retirement account" plus "Now it's time to fund my appeal"?

I also expect massive ineffective assistance of counsel. I wonder how many juveniles and their parents/guardians were told anything other than "the record is sealed and this all goes away at age of majority". My guess is only a small percent, if that, were warned about their lifetime MA PP mark of shame.
 
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