Challenging Suitability in the pistol permit statutes and other issues..
http://www.ctgunrights.com/
http://www.ctgunrights.com/
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Lawsuit filed in CT (Suitability)
- Thread starter buketduder
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J
Jose
I love it when our side is on the attack.
You and me both.
I feel this should be our side's strategy, file a lawsuit against EVERY infringing law, whether we think we can beat it or not, keep them tied up in court until they start to realize that they have to repeal all infringing laws.
Am I missing something? I thought CT was a shall issue state.
Technically No. In reality, yes. If you meet the requirements (training, no disqualifiers) you will get a Permit...but you might need to appeal..wait 1 year..then get it..so this lawsuit is probably intended to cut down on the waiting...I don't know of a single person who has ever been denied...
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.
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It has a reverse system from MA. It has a suitability but the PDs need to appeal an application through a hearing to use it. It isn't as easily abusable.
Correct, if you are denied the IA MUST show up at a hearing and show the Board you should not have a permit.
http://www.ct.gov/bfpe/site/default.asp
Here is a sample..as you can see..some IA's just fail to show up or never send in the required form as to why they denied...in which case a permit is issued
http://www.ct.gov/bfpe/cwp/view.asp?a=3291&Q=463496
http://www.ct.gov/bfpe/cwp/view.asp?a=3291&Q=458630
http://www.ct.gov/bfpe/site/default.asp
Here is a sample..as you can see..some IA's just fail to show up or never send in the required form as to why they denied...in which case a permit is issued
http://www.ct.gov/bfpe/cwp/view.asp?a=3291&Q=463496
http://www.ct.gov/bfpe/cwp/view.asp?a=3291&Q=458630
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J
Jose
It needs to be turned into statutory shall issue. Hopefully the lawsuit isn't some half-assed measure to "cut down on the wait" as terraformer assumes, but a sledgehammer hit to remove discretion altogether.
In Ohio, Sheriffs have 45 days to issue or deny. They can only deny using one of the reasons listed in state law, and none of them have any discretion built in. And when the 45 day limit is reached, the Sheriff has to issue or deny. The denial has to be in writing to the applicant and must list the statutory reason(s) for denial. Can't sit on it forever.
In Ohio, Sheriffs have 45 days to issue or deny. They can only deny using one of the reasons listed in state law, and none of them have any discretion built in. And when the 45 day limit is reached, the Sheriff has to issue or deny. The denial has to be in writing to the applicant and must list the statutory reason(s) for denial. Can't sit on it forever.
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That was bucket duder. I correctly stated it was to roll back the suitability criteria. This lawsuit has been around and is actually not new. This is an appeal of an appeal, of an appeal... They have been at this for over a year playing gypsy grab ass with the CT state courts.
This case is actually pretty minor in that it only affects CT. If it were filed in federal court a win would be binding on the entire circuit I believe. Peruta is doing other, much more significant things. ![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
This is NOT Edward Peruta's landmark case. He is the lead plaintiff in a San Diego case challenging that county's CCW issuing practices. A mandatory settlement conference is scheduled for Aug 11 in that case and the SD Country Sheriff will probably be forced to start issuing carry permits. The amended complaint is here.
This is NOT Edward Peruta's landmark case. He is the lead plaintiff in a San Diego case challenging that county's CCW issuing practices. A mandatory settlement conference is scheduled for Aug 11 in that case and the SD Country Sheriff will probably be forced to start issuing carry permits. The amended complaint is here.
ya..i said that wrong..to take suitability out of the statute is the goal...
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