2nd Amendment and Right to Bear Arms/Acquiring Gun Permit
Expert: Robert P. Firriolo - 1/28/2009
QuestionI am a resident of Watertown Connecticut currently registering for a pistol permit. I am attending the mandatory NRA class on the 7th of March, but there is some confusion concerning my legal status to posses a permit. Last year I was convicted of attempted assault in the 3rd degree in the Bronx New York. Although I was convicted of the crime and I am a person of good standing and moral character with no other offenses of any kind on my
record, and when the charges were levied against me I was given a suspended sentence due to my enlistment in the United States Army. Now, upon reading the guidelines of acquiring a permit it says that a 3rd degree assault charge would exclude me from obtaining one. But I
was convicted of Attempted Assault in the 3rd degree in New York.
This is what it says on the Instructions to Applicants:
The guidelines for obtaining both a local and state pistol permit are contained in C.G.S., sec. 29-28, 29-28a, and 28-29.
Applicants must be at least 21 years old and be a legal resident of the United States. Persons convicted of a felony or any one of 11 misdemeanor offenses detailed in the statute are ineligible to receive a permit.
But this is what it says on the application:
Pursuant to Connecticut General Statutes, Sections 29-28, 29-32, 29-36f and 29-36I and Federal Public Law 104-208, s. 658: applications covered by these instructions will not be issued or be renewed, if:
You have a FELONY CONVICTION in any jurisdiction;
You have a MISDEMEANOR CONVICTION in Connecticut of one of the following crimes:
1. Illegal possession of controlled or hallucinogenic substances, as specified under C.G.S. 21a-279 (c)
2. Criminally negligent homicide - 53a-58
3. Assault in the third degree - 53a-61
4. Assault of a victim 60 or older in the third degree - 53a-61a
5. Threatening- 53a-62
6. Reckless endangerment in the first degree - 53a-63
7. Unlawful restraint in the second degree - 53a-96
8. Riot in the first degree - 53a-175
9. Riot in the second degree - 53a-176
10. Inciting to riot - 53a-178
11. Stalking in the second degree - 53a-181d
What status does that give me.
AnswerThis is really a question of Connecticut law. Also, I cannot give you legal advice.
What I can tell you is that the New York Penal Law charge of Assault in the Third Degree (PL § 120.00) is a Class A Misdemeanor.
From the application instructions you quote, it is obvious that based solely on that conviction, you would not have "a felony conviction in any jurisdiction" and you would not have "a misdemeanor conviction in Connecticut" of any crime.
You will have to make your case to the State Police. Good luck.