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I "think" I did the right thing for Non-Res CC Permit

Discussion in 'Connecticut Laws' started by tcarter01, Oct 22, 2017.

  1. tcarter01

    tcarter01 NES Member

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    Just sent in my application for a Non Res permit. Have all of NE except Ct and RI; have the Utah as well.

    Took a Ct Concealed Carry class here in MA that provided all the docs and requirements. Was advised by class instructor to put in the fact I was "arrested" back in 1983 for Minor in Possession of alcohol on the DPS-799-C page 3 question ; "Have you ever been arrested" question.

    Bunch of us were taken in (was 17 and drink age was 18 then but WTF) while at Drive-in in Mass having a good time with friends and we got a little loud so local police came by and scooped us up. No big deal.

    Went to the arraignment and local ADA dropped/ dismissed charges for court costs and that was that. Piad my cash to the .Gov and left. I had a clean record and my recruiter had also showed up and told them I was leaving in 3 weeks for Basic on a 4 year enlistment which I was and it ended up being a full 20 years in the end. All was good and no more issue.

    I sent in the app and also provided a copy of my MA CORI on me showing all facts; charges dismissed for Paid CC and that was it-closed.

    I struggled with sending it in but finally did since when I applied for my MA resident CC permit and told my CoP about it the first time many years ago, he laughed and said he "didn't care about that crap" and has issued and reissued me several times now.

    I am just concerned I might have to deal with " Have you ever been denied a permit" question when I a renewing my various other permits going forward....

    Question for the Ct experts; Am I likely to be denied?

    Comments??
     

  2. Rob Boudrie

    Rob Boudrie NES Member

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    As in "Save the whales, collect the whole set" [wink]
    No. While technically "may issue" CT is nearly "shall issue" in its processing of license applications. RI may be difficult if you go through the may issue AG system.

    BTW, the RI AG finally started issuing plastic credit card style permits instead of laminated cardboard. Makes wallet shopping much easier now.
     
    Last edited: Oct 22, 2017
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  3. allen-1

    allen-1 NES Member

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    You answered the question truthfully. Which is good. Because you signed a statement at the bottom that you'd filled out the form truthfully to the best of your knowledge, (or words to that effect). You were arrested, not convicted, so it should be a non-issue for CT.

    I have a CT non-resident permit now. It was issued as a CT resident permit. At the time that it was issued, it had previously been revoked because I'd been arrested in CT. My charges were eventually nolled. I can legally state that I've never been arrested.

    But on that form, it asks if A) have you ever been arrested?, and B) have you ever had a permit denied or revoked? Tough to say NO to A and YES to B. Legally true, but not really true. So, on my app, I answered that YES, I had been arrested. And I stated that I had not been convicted.

    Arrest means that the police took you in. It's not the same thing as the court system finding you guilty.

    Bottom line, if you'd lied on the app you'd have a problem. You shouldn't have a problem - other than waiting the 12 weeks or so to get your non-resident permit.

    disclaimers, etc... personal experience, not an attorney, blah, blah, blah.
     
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  4. dbott63

    dbott63 NES Member

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    OP...unless there is more to your story you will almost certainly get your CT Non-Res. CT sucks in lots of ways but they are pretty straightforward on their licensing.
     
  5. tcarter01

    tcarter01 NES Member

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    Have done a lot of looking at RI and its process the last couple years.I live right on the RI line literally and it is a pain when most of my leisure is done in RI as well as stores, commutes to work through RI with frequent in route errands, etc.

    Knowing the RI process can be tough but that it has been getting "better" the last few years I wanted to be able to show several New England state issued permits when I apply finally apply there. Got my C & R last Spring based on the RI Courts stating it is an acceptable show of need and CT was the last one I wanted. Had all the other permits for a few years now as well.

    I plan to bypass the AG and go through a local Chief (Woon. PD?) since the "Shall Issue" part of the RI law seems pretty straightforward. Some feedback I have from others is while not a guarantee for the most part the town CLEOs will basically issue if you do it right and are willing to wait...assuming I get the CT before Christmas I'll take the RI dive in the Spring of 2018 and see what happens. Just don't want that damn "Have you ever been denied" answer from any future apps to be "YES"...

    We'll see.
     
  6. tcarter01

    tcarter01 NES Member

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    No more to the story...Definitely no John Dillinger skeletons getting ready to fall out of my closets...
     
  7. Rob Boudrie

    Rob Boudrie NES Member

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    I assume you mean "expunged" as nolle prosse does not generally create the legal fiction that it never happened.

    And good luck explaining the concept of "legal fiction" to a MA police department if you ever apply in this state, answer no, and they find out.
     
    Last edited: Oct 23, 2017
  8. allen-1

    allen-1 NES Member

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    I was told both by my attorney and by the judge at the final hearing, (13 months after the original agreement), that the charges were nolled and that I could from that point forward legally state that I had not been arrested. It's never been an issue for me except for the re-application for my CT permit where I had the potentially conflicting answers to the two questions.

    I pay attention to forms, and generally try to stick to "I've never been convicted" which is absolutely true; and CT re-issued my permit after revoking it, which is also absolutely true.

    I've currently got permits from multiple states and I was scrupulous about filling out the paperwork. I have no intentions of applying for a Massachusetts permit. I suspect from everything I've heard here that I might have issues obtaining one.
     
  9. dcmdon

    dcmdon

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    Not likely to be denied.

    Per CT law, you were never arrested. You did not have to answer yes. CT law requires that whenever anyone is acquitted or has their charges dropped ALL POLICE AND COURT records must be destroyed. A CT judge will tell you that in those circumstances if you are asked to swear under oath whether you have been arrested, you can lawfully answer NO.

    You were arrested in MA, so the records haven't been destroyed. But the situation is treated the same way by CT.

    In other words, there are no wrong answers in your case. Answer NO, and you are legally in the right. Answer YES and nobody will care.

    Don

    https://www.cga.ct.gov/current/pub/chap_961a.htm
     
  10. tcarter01

    tcarter01 NES Member

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    Thx...I was keyed in the fact my records are not destroyed here in MA, that is why I gave the YES answer to the question on the CT application
     
  11. JAD

    JAD

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    As I have explained several times before, Connecticut (which is where the incident dcmodon is referring to happened) has a fairly unique system which automatically requires erasure in certain circumstances and also allows the individual to answer "no" if they have ever been arrested, if the case resulted in a non-conviction (and certain timeframes have elapsed). To learn more, look up CGS 54-142a
     
    Last edited: Oct 25, 2017
  12. dcmdon

    dcmdon

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    I linked to it above in my first post.
     
  13. tcarter01

    tcarter01 NES Member

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    Update: Got a large envelope in the mail yesterday and thought wow, either a very quick approval or a very quick denial...Ends being a new set of fingerprinting cards because the originals were rejected due to quality issues....Back to the bureaucracy part of this again...
     
  14. tcarter01

    tcarter01 NES Member

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    My CT Non-Res CC Permit arrived last week. Roughly 90 days including having to resubmit the fingerprints....Only have RI left now...
     
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