What Will Disqualify You From The Pistol Permit Process?
Issuing local authorities have limited discretion to deny a permit when he or she has personal knowledge of the applicant's character that would not otherwise be reflected on a background check. A denial on this basis would have to be justified with supporting evidence showing that the applicant is not of "suitable" character to be granted a pistol permit, but virtually all cases are thrown out if the applicant is not otherwise barred from owning firearms.
If the local permit is denied for any reason, instead one files an appeal to DESPP to have the state board re-examine the application. If the state board denies the permit (rare occurrence), a court appeal is possible.
Connecticut residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry, and are valid statewide. Although open carry is not restricted by state law, the BFPE suggests that, “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.” Residents with permits who carried openly had been investigated or cited by police for breach of peace, although state prosecutors usually dismissed such charges after the defendant appeared in court. In February 2016, the Chief State's Attorney issued a memo to police clarifying that openly carrying a holstered firearm did not, in itself, constitute a violation of the breach of peace statute. The state's attorney made a comparison to operating a motor vehicle requiring another violation to launch an investigation or require the citizen present a license/permit.
Requirements And Disqualifiers
We often get phone calls and questions as to why or what kind of criminal history could disqualify an applicant from having a pistol permit issued to them. With the increasing level of conversation and disagreement across the country in regard to the great firearm debate, you can’t help but to expect things to get more difficult in regard to the process as we move forward. As of now, the following information is the list of disqualifiers as the State of Connecticut is concerned.
One of the most common reasons that applicants are denied their permits is that applicants fail to list information on the application regarding previous, arrests, convictions or court orders and/or incidents with law enforcement. Keep in mind that when applying for you permit thorough background checks are conducted, they will find out. It’s in your best interest or practice to be forthcoming and honest. Below are a list of past arrests or convictions that are immediate disqualifiers to obtaining your pistol permit with the State Of Connecticut.
Some Reason’s For Disqualifications:
- Any conviction for a felony or a misdemeanor crime of domestic violence involving the use or threatened use of physical force or a deadly weapon may not possess any firearms in Connecticut.
- Certain identified acts, recognized by the State of Connecticut ban the shipment, transportation, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states. Certain acts also make it unlawful to knowingly sell or give a firearm or ammunition to such persons.
- The definition of Conviction, according to Wikipedia, is the verdict that usually results when a court of law finds a defendant guilty of a crime
- A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
- No person may obtain a Pistol Permit, Eligibility Certificate, or possess any handguns if they are less than 21 years of age, subject to a Protective or Restraining Order, or if they have been convicted of a felony.
No person, convicted in Connecticut for any of the following misdemeanors:
- 21a-279 - Illegal possession of narcotics or other controlled substances
- 53a- 58 - Criminally negligent homicide
- 53a-61 - Assault in the third degree
- 53a-61a - Assault of a victim 60 or older in the third degree
- 53a-62 - Threatening
- 53a-63 - Reckless endangerment in the first degree
- 53a-96 - Unlawful restraint in the second degree
- 53a-175 - Riot in the first degree
- 53a-176 - Riot in the second degree
- 53a-178 - Inciting to riot
- 53a-181d - Stalking in the second degree
- The applicant has been convicted as delinquent for the commission of a serious juvenile offense
- The applicant has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect
- The applicant has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court.
- Or the applicant has been voluntarily admitted to a hospital for persons with psychiatric disabilities as defined in 17a-495 within the preceding six months for care and treatment of a psychiatric disability and not solely for alcohol or drug dependency,
- Or the applicant is subject to a firearms seizure order issued pursuant to Connecticut General Statute Section 29-38c after notice and an opportunity to be heard has been provided to such person or is an alien illegally or unlawfully in the United States. Any federal disqualifiers listed in
- The applicant is an alien illegally or unlawfully in the United States
- Suitability and the circumstance surrounding any decision that the applicant is NOT a suitable person.