Why I hate my town police.

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Billy,

There's a specific legal term for a type of lawsuit you can file to compel a government official to do his job (i.e., what the law says). Problem is, I can't remember it right now. If Jim March sees this thread, maybe he can remember it and tell us both....
 
Well like i said, im going to wait out the 8 weeks. and im going to show up at the police department. If they request 1 week... ill give em slack.. if they say its not ready and wont be fore a few weeks? im comming back with my lawyer, and im calling the head of the firearms beaureau in CT and having him set up an appeal. Hopefully someone will lose thier job over it.
 
Ok, someone with legal experience help me out here. If you get a writ of mandamus, what's the compelling factor. IOW, what keeps the evil clerk from saying, "it'll be four more weeks"? Is it enforcable via criminal avenues (ie throw her in jail) or is it monetary ($100 fine)?
 
in CT the writ of mandemus per firearms permits would be that the police department has 10 days form the serving of the writ to give me my permit. If its not given by the end of 10 days someone will go to prison for a mandatory sentence from what i understand is 1 year. Not to mention someone losing thier job. Usually it will be the chief of police.. i think if a appeal is even filed the police chief will get edgy and force it through. because an appeal just turns into the writ. If the PC's job is at stake you know that he will put the evil clerks job at stake as well.
 
As Roadkill said earlier, this is why I love living in Alabama. Once a year I walk into my local sheriff's office, pay my $10.00 and walk out 5 minutes later. No expensive "required" classes and no odd looks or negative attitude.

We may be backward in everything else (education, thank god for Mississippi-keeps us from being number 50), but at least this is right.

Mino
 
Cool. If they treated ME the way they did you, I'd be filing it the day it was due. They have 10 more days after that. If you give them another week, then it's 2 more weeks after that for the WOM, you're pretty much up to the 12 weeks she said. Personally, just to be a PITA, I'd have my lawyer send a letter to the COP letting them know my intentions to file the WOM. That way they don't even have the luxury of acting surprised when it happens.

:evil:
 
Wow

When I went to my sheriffs office to get printed and apply for my permit they were all friendly. I know several people who went out of their way to take the concealed carry course offered by our sheriff (as opposed to the myriad of other courses) so they could get to know the local LEO's.

Getting a handgun permit has never taken more than five minutes, and the secretary even rushed for a friend of mine so he could get his permit before they closed so he wouldn't miss out on a good going out of business sale.
 
Billy the Kid ...

Stop your complaining. Your ordeal sounds like a 'good day' at the DMV ... :D
 
I kind of hope you don't get your permit in time, just to see what happens. I believe the chances of someone going to jail or losing their job is less than zero. There are all sorts of minimum fines or sentences for serious crimes that are rarely enforced, so I can't see anyone even getting their peepee slapped in this case. Nothing against you, Billy, I'm just interested as a test case.
 
I'm going through the exact same thing with my local CT police department. It's been 7 1/2 weeks since I put in all the paperwork for my permit. I called today to inquire about its status since I haven't gotten yet.

The officer I spoke to told me in would be at least two more months before it would be ready!

I'll be writing a letter to the Board of Firearms Permit Examiners at exactly eight weeks.

Here's their website: BoFPE

Q11. What should I do if I do not receive a decision within eight weeks after submitting my application?

A. At the end of eight weeks, contact the issuing authority and inquire about the status of your application. If there appears to be a minor administrative delay, wait an additional two or three weeks for it to be resolved. Otherwise, contact the Board and file an appeal (See Q12 & Q27). Your right to appeal begins at the end of eight weeks from the date of application.

Q12. What is the procedure for filing an appeal with the Board?

A. You must write a letter to the Board simply stating the problems you have encountered i.e. failure to receive an application, failure to receive a decision at the end of eight weeks from date of application, denial or revocation. In the case of a new application, the Board will need the date you applied and if you have been informed of a denial, the date you were denied. For revocations, the Board will need the date you received notice of the revocation from the authority, which issued the permit. Be sure to include your name, address, telephone number and date of birth, and revoked permit number.

Q27. What should I do if a permit to carry pistols and revolvers is refused or revoked for reasons, which I consider to be improper?

A. You may write to the Board of Firearms Permit Examiners, State Office Building, 505 Hudson Street, 5th floor, Hartford, Connecticut 06106, and ask for a hearing. Include your name, address, phone number and date of birth. Be sure to do so within the 90-day period specified in Section 29-32b (b) of the General Statutes; otherwise the Board can not consider your appeal. The Board will send to you and to the issuing authority any questionnaires needed in order to obtain information sufficient to conduct a fair and impartial hearing. You will be notified to appear at a hearing, if a hearing is required. (See also Q12)
 
"Ok, someone with legal experience help me out here. If you get a writ of mandamus, what's the compelling factor. IOW, what keeps the evil clerk from saying, "it'll be four more weeks"? Is it enforcable via criminal avenues (ie throw her in jail) or is it monetary ($100 fine)?"

Law Student here, which means I know just enough to be dangerous, and what I have to say is not legal advice, or any other type of advice.

Before you can go the Writ of Mandamus route, you have to exhaust your administrative remedies. That looks like what the gentleman above was talking about. I would presume that exhausting your Administrative remedies will take awhile. They will usually issue some or other form, and then the agency will reply with some or other form and round and round she goes.

By the time that gets done, then you can file your judicial remedy. If at any time you get issued your permit, your case probably becomes moot, since you will have a hard time proving any injury. (Yes, I know about your rights) Additionally, I am not sure what your injury would be if you got the court to order the agency to issue the permit. You could probably get attorneys fees, but that is a gamble.

Welcome to rights without remedies. A right without a remedy is a waste of time. You just have to deal with the "privilege" the state has given you. Yelling at the woman may have been a bad idea, becuase she can probably royally screw you.

Lastly, don't blame the messenger, that being me. It sucks (worse then California, which I can't believe) but that is what your population wants.
 
Before you can go the Writ of Mandamus route, you have to exhaust your administrative remedies. That looks like what the gentleman above was talking about. I would presume that exhausting your Administrative remedies will take awhile. They will usually issue some or other form, and then the agency will reply with some or other form and round and round she goes
not entirely accurate. In CT we have a firearms board, once the 8 weeks is up we can appeal to them in writing and they will set a court date. This is 100% free with no legal fees. They have to give me my permit if the court finds in my favor within 10 days, if they do not then we get a court order for a writ of mandamus, in which they will have 10 days to comply. The police chief will literally go to Jail if he doesnt comply with this.

In Ansonia CT a few years back there was a true scumbag of a PC there, he adamently refused to sign ANY permits or put them through. He insisted that he would only allow his police to carry weapons in his town. The ONLY way people got thier permits were through going to the firearms board and getting the Writ of Mandamus... because even this POS police Chief knew that it would be his butt in cuffs if he did not comply with the writ. So there is VERY real danger to the Issuing Authority if they do not comply with the letter of the law.
 
Once a year I slide into the local County Sheriff's substation, put down a $15.00 check and walk out with a concealed carry perrmit. Takes as long as you want, I usually drink some coffee with the deputy on duty just to be sociable. They do a county/state check for warrants, fill it out and send you on the road. No waiting, no training courses, no permits, ect. But then this is Alabama and the state constitution provides the right to carry and everyone knows we aren't too sophisticated down here.
Just so you know it's not only Southern Hospitality, here in the LForD State, I turned in my application and check for $10 (I say "check," not "money order," because my Police Dept actually takes checks from civilians, unlike CT) on Thursday, and on Saturday a nice young LEO hand-delivered it to my house. And it's good for 5 years, too, not just one.

So, some of us Yankee boys do get it right, too.

Scott

If only they'd laminate the damn things...
 
Billy,
I'm sorry that you're having such a hassle. The Bureaucrats are probably making it difficult because they don't want you excercising your rights. I thought that CT's laws were pretty clear on what documentation you needed to provide and what checks you needed for the permitting process.

What town are you applying in CT?

-Jim
 
Wallingford.

the thing that reeks though is that alot of CT towns will ask for non-required stuff just to hassle everyone. I heard alot about people needed letters of reccomendation, letters of character reference. People having to shoot at the police range and proving they can shoot acurately. etc et etc.
 
Oddly enough in the people's utopia that is NJ, i've never gotten any anti-gun BS from the people doing the paperwork. They usually are not the ones involved in making it hard. Usually the only political PITA directly involved is the police chief, and the only answer there is to annoy his paper pusher till they start giving him a hard time for not signing off on something that is already done.

Funny, but my very first experience with NJ re: guns was somewhat anti. A few months after I turned 21, I walked into the municipal building and asked for the paperwork to apply for a firearms identification card. The lady looked at me and asked in that voice: "What do you need a gun for?". She actually stood there, not getting the forms, until I answered. I didn't go back for almost another two years...


BTK - at least you have one thing going for you. In NJ, the law states that if nothing is found within 30 days that would be considered prohibitive, the FID card must be issued. That's it....if you want to fight it, it's up to you and on your own dime. Of course, there's enough established case law that fighting it would pretty much be a waste of time and money. It's (among other things) why I'm currently scouting out houses in PA....
 
Billy,
I went through the hoops in MA a while back. letters of reference in addition to the two references on the application, bring my own pictures etc.

Testing at the range appears to be ridiculous. If you don't have a permit, you can't buy a handgun. Therefore you can't practice. So you can't get a permit if you aren't proficient and you can't be proficient if you can't practice etc.

Good luck.

-Jim
 
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