Pistol Permit Appeals

[cpugs09]

I submitted my completed application at the end of August and have just reached the 8 week mark and was wondering your thoughts on submitting an appeal. I would prefer to not have to go through the appeal process but at the same time I do not think that the town/state should be taking advantage of us saying that the system is backed up. I think that is a ******** excuse as it only takes a minute to complete a background check. Has anyone submitted an appeal after they have not heard back from their local PD and if so what is the process and what was the outcome?
Any information will be helpful.
Thanks
CP

 

[NavyLCDR]

You would not file an appeal until you are denied. You cannot appeal a decision that has not been made yet.

 

[cpugs09]

In CT state law states that they must respond within 8 weeks. The town has 5 days to send the application to the state and 5 days to contact you once they hear back from the state. My understanding is that many towns are not following these procedures. During my NRA course the instructor encouraged us to file an appeal if we do not hear back within that time span.

Sent from my SCH-I545 using USA Carry mobile app

 

[NavyLCDR]

In CT state law states that they must respond within 8 weeks. The town has 5 days to send the application to the state and 5 days to contact you once they hear back from the state. My understanding is that many towns are not following these procedures. During my NRA course the instructor encouraged us to file an appeal if we do not hear back within that time span.

Sent from my SCH-I545 using USA Carry mobile app

I'm afraid your instructor did not know much about law. You legally cannot appeal a decision that has not been made, it is a procedural impossibility. You can file for a Writ of Mandamus, which would be a court order to the local LEO agency to abide by state law or to show good cause why they could not. I have no idea how successful anyone has been in being granted a Writ of Mandamus. If the court ruled in your favor, you should have your filing fees granted as well.

 

[cpugs09]

For those of you who are not familiar with the laws I would appreciate if you did not post information. This a off state website. http://www.ct.gov/bfpe/cwp/view.asp?a=1252&Q=254192&bfpeNav=|

 

[wolf_fire]

cpugs09.

I feel for you. You are in a tough situation. Do you appeal and have the process be delayed, or wait it out knowing full well that you should have your answer already. I'm assuming you have contacted the appropriate parties to inquire about your status, right?

The website clearly says you have an appeal process (although that is the biggest misnomer I've ever heard since one cannot appeal a decision that has yet to be made). If you've gone through all the proper channels and the appropriate parties keep telling you that "they are backed up", that would have to be a personal call and you'd have to waive the options of whether you risk delaying it further or just wait it out.

I wish you the best. One favor. If you do go through the appeals process, be sure to post your experience.

 

[TrapperBob]

Personally, I would not file an appeal. It took 20 weeks (141 days) for me to get my Virginia permit, even though the law says it "Must" be issued or denied within 45 days. They were very backed up, and I figured that my calling or otherwise pestering them isn't going to make them any less backed up. I figured that they have X number of people to work on permits, and the more of those people who are dealing with appeals, etc, the less of them that are working on getting permits out, so its only going to take longer. That was VA, but I'm sure the same thing applies in CT, there are only so many people available to work on permits.

I read the link to the CT law that you posted. Obviously you could justifiably 'appeal' (although as others say that is the wrong word, however that is the word they use), but me personally, I would just wait. But then I'm a pretty patient person.

 

[3gunshooter]

Did you ever try just calling them?

 

[cpugs09]

I am going to wait one more week before making any phone calls. I am not sure if this shutdown has aided in the "backup" and will give them another week. Like I said I would prefer to not appeal but I feel like not doing something gives them power that they should not be taking advantage of.