Connecticut Preparedness 

A community of Connecticut neighbors discussing topics important for preparedness and self-reliance.

Laws regarding firearms
#45300
Hey guys, I am finally going to file my paperwork for the permit. I do have a question on the criminal history section under "Have you ever been ARRESTED for any crime in any jurisdiction?" Do I have to list arrests where everything was dropped in court and is not on my record? If you read the application it says:

"You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or 54-142a". If you look up 54-142a it talks about charges that were dismissed in court.
http://law.justia.com/codes/connecticut ... -142a.html

Its a little confusing because the next question is "Have you ever been CONVICTED under the laws of this state-----"?[/url]
User avatar
By hayes1966
#45305
Not unless you were convicted.
User avatar
By NAmenta
#45306
Ok thank you. Its kind of pointless that they even have the "Have you ever been arrested" question on there if you are not required to list non convictions. They should just have the question asking to list list convictions.
By punisher
#45311
NAmenta wrote:Ok thank you. Its kind of pointless that they even have the "Have you ever been arrested" question on there if you are not required to list non convictions. They should just have the question asking to list list convictions.
Agreed.
The only thing that matters is if youve been CONVICTED. If you werent,then no to everything.
I was arrested in 2001 but got a pardon in 2007 so NO to everything.
User avatar
By nvisn
#45315
hayes1966 wrote:Not unless you were convicted.
Not so fast John. If you were ARRESTED but not convicted you were still ARRESTED. The PDs have and will use this is a dis-qualifier for lying on your application. We have seen it in the CCDL.
User avatar
By hayes1966
#45317
If you were arrested and not convicted how can that be used against you? There is nothing on your record! By law it has to be removed.
User avatar
By nvisn
#45318
there is a difference between being arrested and not convicted and arrested and having it erased. CTKix can elaborate better than I can here. I'll try to summon him.
User avatar
By ctkix
#45319
If you were arrested, you indeed need to put it down.

I don't agree with it, but it must be done or else you will be going into a hearing with a strike against you for an improperly filled out application..

It gets worse, they can even used erased records in your BFPE hearing. Thanx to our courts, Rado v. Naugutuck Board of Ed sealed the deal on that one. Completely flies in the face of what the intent of the erasure statutes are about.

I see people get away with a lack of juvenile disclosure.

Let me make this clear: Even if your record was erased via accelerated rehabilitation or similar diversionary program, you still need to disclose.

It gets some members of the board frustrated when you don't. They think you are not being truthful and will draw adverse inference on your credibility.

Jonathan
User avatar
By NAmenta
#45320
OK, but they key part of my question was in reference to this part of the application.

"You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or 54-142a". If you look up 54-142a it talks about charges that were dismissed in court.

here is 54-142a.
http://law.justia.com/codes/connecticut ... -142a.html

The thing is i have been arrested when i was younger. I do have a misdemeanor conviction. I also have an arrest from the past that when it was all said and done it was dismissed it in court. It looks to me like a dismissal does not have to be disclosed under arrests but the language is kind of confusing.[/url]
User avatar
By nvisn
#45321
NAmenta wrote:OK, but they key part of my question was in reference to this part of the application.

"You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or 54-142a". If you look up 54-142a it talks about charges that were dismissed in court.

here is 54-142a.
http://law.justia.com/codes/connecticut ... -142a.html

The thing is i have been arrested when i was younger. I do have a misdemeanor conviction. I also have an arrest from the past that when it was all said and done it was dismissed it in court. It looks to me like a dismissal does not have to be disclosed under arrests but the language is kind of confusing.[/url]
not to be a jerk but we both answered that question.
User avatar
By NAmenta
#45322
To be honest I was planning to do what a buddy of mine just did in Middletown. He got a copy of his record from the State Police and attached it to the application. It does say attach additional sheets if necessary. I was then planning on checking yes to both questions and writing "please see attached sheet."
User avatar
By nvisn
#45323
NAmenta wrote:To be honest I was planning to do what a buddy of mine just did in Middletown. He got a copy of his record from the State Police and attached it to the application. It does say attach additional sheets if necessary. I was then planning on checking yes to both questions and writing "please see attached sheet."
+1 like the question or hate it. honesty is the best policy.
User avatar
By NAmenta
#45324
I understand and thank you, but what I don't understand why they would basically say you are not required to list arrests where the charges were dismissed, thrown out or nolled.
User avatar
By ctkix
#45325
Hey, I'm at every hearing. I can tell you how it goes:

"why did you deny"

"he was arrested in 1996"

"was that your basis for your denial"

"yes, that and suitability"

"Without looking at your record, can you testify from memory?"

"yes sir, we have officer so and so with us who was the arresting officer"

"officer so and so.... tell us of the night in question...."

And it goes from there.

Rado v. Naugatuck Board of Ed essentially did away with much of the provisions of erasure statutes.

I don't agree, but there is legal precedent.

If you have ten or twenty grand and want to fight it - GREAT! You'd be doing the 2A community a service. But as far as I know, no challenges as of yet.

Jonathan
User avatar
By NAmenta
#45326
If you're at the hearings I'd like to ask you a couple questions. Can I pm you?
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