Goldberg/Kuck v Danaher ruling, October 2012

Posted by Jonathan at 19 October 2012

Category: Issues - State of CT, Opinion

I have several problems with the ruling.  I’ve read it twice this week and am still struck by some really odd points.

  1. Tons of discussion on Goldbergs’ permit being revoked and what a reasonable person would think if they saw the firearm.  HE DIDN’T BREAK ANY LAW.  His permit was held up through an application in a different town where he was approved (Wethersfield) and over a year and a half waiting for an appeal.
  2. Kuck made points of hearing times.  At the time, over 18 months to get a hearing.  It is a violation of due process in my opinion.  Ramblings between Kuck’s numbers and auditors numbers just didn’t make me think any different.  When you read the document, neither number makes it look good when there are so many agreements made just before the hearing dates.
  3. Blaming 9/11, the 2008 election and the Cheshire home invasion for rise in permits is moot, and debatable on a few fronts.  The Cheshire home invasion was a CT issue, yet at the same time, permits and gun sales rose in the rest of the nation.  Regardless, we have laws that clearly lay out the timeline for permits (29-28 and 29-29).  If issuing authorities followed the laws pertaining to the permit process, then maybe we could reduce the time for a hearing.
  4. The ruling doesn’t address adequately the fact that the majority of towns in CT do NOT follow the law or the declaratory ruling issued by the Board of Firearms Permit Examiners.  If this declaratory ruling and the statutes were followed, there would be a lot less appeals.  Look at the sheer number of appeals that are overturned because of frivolous denials.

I do want to commend the Board of Firearms Permit Examiners, a volunteer board for bringing down the backlog from 18 months to approximately six months.  A huge credit to their dedication to get the backlog reduced.

I still need to re-read and just make a ton of notes on this ruling, but here it is for your reading pleasure:

Kuck vs. Dahaher Oct 2012

 

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