BFPE: How do I Appeal?

How do I Appeal?

Step 1: Send an Appeal Letter:     link to sample letter

You must first send a letter requesting an appeal within 90 days, from the date you were denied or notified your permit was revoked. If available, please send a copy of the denial or revocation letter. Send the letter by US Mail to Board of Firearms Permit Examiners, 20 Trinity Street, 5th floor, Hartford, CT 06106.

1(a) Letter for those who have waited longer than 8 weeks to have their pistol permit application approved or denied:

Should you submit an application and have not received a response or a decision from the issuing authority within 8 weeks, you can appeal based upon the delay. You should make every attempt to contact the issuing authority prior to a sending an appeal letter. C.G.S. 29-28a (b)  Link to sample appeal letter due to 8 week delay 

Further more the law states that "Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. C.G.S. 29-29(c)http://www.cga.ct.gov/2011/pub/chap529.htm#Sec29-29.htm

   Link to sample appeal letter due to receipt of national criminal check

 

Step 2: Send The Appellant Questionnaire:  link to questionnaire

Attached to the link is a fillable form. Print the form once it is completed because it cannot be saved. The deadline to send in the questionnaire is 60 days, or your case will be placed on the "Dormancy Calendar" at the next hearing. This could mean your appeal will end.

The last page of the Questionnaire is an “Arrest History and Motor Vehicle History” form. Please note the word arrest History vs. Conviction. If you are not sure of what you were charged with when arrested or you forgot the date, you can get a copy of your arrest record from the Dept of Public Safety (D.P.S) for $50 (860-685-8290) and a copy of your motor vehicle history from the Dept. of Motor Vehicles for $30. We suggest you should also send copies of court documents, letters of recommendation, certificates, or witness testimony letters if available.  

Letters of recommendation need to be addressed to the Board and not "To whom it may concern".  The letter also needs to mention the permit to carry.

The Issuing Authority, Police Chief, First Selectman or Resident Trooper are also required to complete a questionnaire. The questionnaire is named the "Issuing Authority Questionnaire".  State Statue requires that the Issuing Authority Questionnaire is provided to the appellant at least 10 days in advance of the hearing.

Hearing Date:

You will be assigned a tentative hearing date once the Board receives your appeal letter. 

Reasons to contact the Board Immediately:

If your home address, phone number, or email address changes, you need to call the Board staff immediately. When the Board is ready to hear your case, a hearing notice will be sent by certified letter to your home address with the date, time, place and driving directions on how to get to the hearing.

If you are appealing a denial of a permit from one town and you move to another while you are wating for a hearing, you will need to cancel your appeal. The Board cannot ask the Police Chief in the new town in which you reside to issue you a permit that has been denied in another town. You can only appeal a denial in the town where you live or own a business.

If you miss the hearing, because you have not updated your new address with the Board's office and you don't get your hearing notice or your hearing notice arrives late because it was forwarded, you will be considered a “NO SHOW” and the Board members will decide in favor of the “issuing authority” (police) and your case is closed.

Request to delay  hearing:

The Board Secretary requires you to mail or fax a letter, with a “documentation of necessity”, or proof why it necessary to delay a hearing.  For example: a doctors note or a travel itinerary.

You will need to mail or fax, the reason why, including proof or a "documentation of necessity".  Letters or email received within 24 hours of the hearing will not be considered. The Board Secretary will decide if your case will be rescheduled or if you need to continue with the current date.

 

Request for an expedited hearing:

If your permit was revoked and it directly affects or deprives you of your job, where you are presently employed, please contact the Board immediately. Be ready to provide the Board with documentation,“documentation of necessity”, that shows proof of your present employment. The Board Secretary will decide if your case can be expedited or you need to continue with the current date.

 

Additional Documents or exhibits:

The only documents required are the initial appeal letter and appellant questionnaire.  For those persons who have been admitted to a hospital/emergency room under a risk warrant, you are also required to submit a copy of the hospital discharge instructions.

In addition to the documents required, you may also want to submit copies of documents such as DD-214 military honorable discharge certificate, a favorable job evaluation or thank you letters from people or organizations you may have volunteered assistance, to be included a part of your file. However, reference letters must be addressed “To the Board of Firearms Permit Examiners” and specifically speak to the appellants denial or the revocation of a pistol permit. Letters addressed to “To Whom It May Concern” will not be accepted by the Board.  You must notify the Board if you have a change of address or phone number.

At the Hearing:

You will appear before a civilian review board. The Board consists of 9 members. A member from the following organizations is appointed by the Governor; Department of Emergency Services and Public Protection, the Dept. of Energy and Environmental Protection, Dept. of Mental Health and Addiction Services, Connecticut Police Chiefs Association, Ye Connecticut Gun Guild and the Connecticut Rifle and Revolvers Assoc., Inc. and 2 public members. The Chief Court Administrator appoints the ninth member of the Board. The Chairman needs to be an attorney.

The Board is not part of law enforcement. The Board is a civilian review board and will require the same information from the Department of Emergency Services and Public Protection (State Police), or the local police chief, as it does from you, the appellant.

You are the “Appellant" and also appearing is the “Issuing Authority”. The Issuing Authority is a representative from the Department of Emergency Services and Public Protection or the local Chief of Police/First Selectman from your town.  

You may represent yourself or hire an attorney to represent you at the hearing. If you decide to hire an attorney, please have them write a ”letter of representation” to the Board stating this.

Once you are at the hearing, the Chairman will instruct you on how the hearing is to proceed. You will be sworn in and the hearing will be recorded. You should ask questions if you don’t understand the process.

You and the police will be given time for an opening statement (two or three sentences on why you are there). Each side will be given a turn to testify. When it’s your turn, you will state the reason why the Board should issue or reinstate your pistol permit. You are allowed to bring witnesses, court documents or other relevant documents to the hearing to help your case. You will be given time for closing remarks.

If you stick to the facts, speak loud and clearly it's helpful to the Board members.  

At the end of your hearing the Board members will deliberate and vote. You will get a letter within 20 days of the Board’s decision.

If your permit was revoked and the Board members vote in your favor, you will need to contact the Special Licensing and Firearms Unit, 860-685-8285 to be reinstated your pistol permit.

If you had been denied a permit and the Board Members vote in your favor, you will need to contact your local police department or First Selectman's office.

If you feel you haven’t been treated fairly by the Board, you may appeal to Superior court. Refer to Connecticut General Statute 4-183, Appeals to Superior Court.

You can also reapply for a new permit or seek a pardon for an arrest that will disqualify you from obtaining a permit. Board of Pardons and Parole: 1-203-805-6643.

Important: The information on this site should not be substituted for the State of Connecticut General Statutes. Click on this link to the Connecticut General Statutes