§ 29-28a — Application for permit. Notice of decision to applicant.

Connecticut § 29-28a

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 529: Division of State Police

Text

(a) Requests for temporary state permits under section 29-28 shall be submitted to the chief of police, the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or, where there is no chief of police, to the chief executive officer, as defined in section 7-193, of the municipality, as defined in section 7-148, or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, on application forms prescribed by the Commissioner of Emergency Services and Public Protection. Upon written request by any person for a temporary state permit not on a prescribed application form, or upon request by any person for such application form, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such forms. When any such request is made in person at the office of the local authority, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such application form immediately. When any such request is made in any other manner, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such application form not later than one week after receiving such request. If such application form is not supplied within the time limits required by this section, the request therefor shall constitute a sufficient application. If any local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, fails to supply an application form upon the request of any person, such person may request an application form from the Commissioner of Emergency Services and Public Protection or any barracks of the Division of State Police, and the time limits and procedures set forth in this section for handling requests for such forms shall be applicable. (b) (1) The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28 , shall, not later than eight weeks after a sufficient application for a temporary state permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied, and if denied, supply to the applicant a detailed written reason for such denial. The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28 , shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Emergency Services and Public Protection. If the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28 , has denied the application for a temporary state permit, no state permit may be issued. If the local authority has failed to expressly deny the application or issue a temporary state permit during the eight-week period following the submission of such application, upon presentation by the applicant of an affidavit attesting to such failure to expressly deny the application at least (A) thirty-two weeks, in the case of an application filed on or before March 30, 2024, and (B) sixteen weeks, in the case of an application filed on or after April 1, 2024, after submission of such application, the commissioner shall accept such affidavit in lieu of a temporary state permit and notify the local authority immediately of the receipt of such affidavit. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28 , or an affidavit attesting to a failure to expressly deny the application, inform the applicant in detailed writing that the applicant's application for a state permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32 . The failure of the issuing authority to complete the review of an application for a temporary state permit shall not be grounds for the commissioner to deny issuance of a state permit. (2) Notwithstanding subparagraph (B) of subdivision (1) of this subsection, during a major disaster or an emergency declaration by the President of the United States, or an emergency declaration issued by the Governor due to any disease epidemic, public health emergency or natural disaster impacting a local authority, the Commissioner of Emergency Services and Public Protection shall not accept any affidavit filed under subdivision (1) of this subsection until thirty-two weeks have passed since submission of the application for a temporary state permit.

Legislative History

(1963, P.A. 115; P.A. 77-614, S. 486, 610; P.A. 81-342, S. 2; P.A. 84-60; P.A. 01-130, S. 5; P.A. 11-51, S. 134; P.A. 22-102, S. 3; P.A. 23-53, S. 46; 23-130, S. 2.) History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 81-342 amended Subsec. (a) by adding the provision that a person may request an application from the commissioner of public safety or a state police barracks if the issuing authority fails to supply an application upon request; P.A. 84-60 amended Subsec. (b), extending the notification period for the granting or denial of a permit from six to eight weeks; P.A. 01-130 amended Subsecs. (a) and (b) to substitute “local” authority for “issuing” authority to reflect change from local to state permit and make technical and conforming changes, added provisions re chief of police, warden and first selectman in Subsec. (a) and added provisions re forwarding of copy of application to and notice to applicant from Commissioner of Public Safety in Subsec. (b); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 22-102 amended Subsec. (a) by substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for warden or first selectman, effective July 1, 2022; P.A. 23-53 substantially revised Subsec. (b) by designating existing provisions as Subdiv. (1) and adding provision re detailed written reason for denial, failure by a local authority to expressly deny an application or issue temporary state permit during the 8-week period following application, acceptance by commissioner of an affidavit attesting to such failure and providing that such failure shall not be grounds for denial of a state permit, and adding Subdiv. (2) notwithstanding Subsec. (b)(1)(B); P.A. 23-130 amended Subsec. (a) by adding “, as defined in section 7-193,”, and amended Subsecs. (a) and (b) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe, effective July 1, 2023. Cited. 193 C. 7. Cited. 9 CA 169; judgment reversed, see 205 C. 370; 25 CA 433. Cited. 42 CS 157. Subsec. (b): Time limit is directory provision, not mandatory. 42 CS 157.