CT audit finds massive backlog in gun permit appeals. Rep. calls it ‘temporary denials’ of rights

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A state audit has found a two-year, 1,203 backlog of cases at the Board of Firearms Permit Examiners, but according to the audit, there’s little the board can do to prevent or solve the problem.

The audit, conducted in March 2024, covers the fiscal years ending on June 30, 2022 and 2023, and found that the Board of Firearms Permit Examiners, which hears appeals of pistol or revolver permit denials or revocations, had a backlog of 1,203 cases. At the time, hearings had been scheduled through March 2026 with what the audit called “significant delays” to hearing access.

The Board of Firearms Permit Examiners is a nine-member unpaid group appointed by the governor from nominees recommended by state agency commissioners and related professional and recreational organizations, according to the audit. One member must be an attorney, who serves as chair, and two members must be from the public.

According to the audit, “BFPE receives more annual appeals than it can reasonably review.” Additionally, audits from 2001 to 2021 found the same problem.

The board is obligated to hold 28 meetings a year with 28 hearings per meeting, but receives hundreds of appeals per year. Due to resolved or withdrawn cases, the board hears an average of 12 cases per meeting but, the audit says, case resolutions are often so close to the scheduled hearing date that the board is not able to move up other cases.

“The Board of Firearms Permit Examiners should continue to work toward reducing its hearing backlog to ensure compliance with Section 29-32b of the General Statutes,” the audit says.

In response, the board said it is working diligently.

“We partially agree. BFPE agrees to the recommendations and is working diligently with both the towns and DESPP to resolve these cases in a timely manner. Special Licensing and Firearms Unit and BFPE are doing an information session on issuing and denying permits. We have reached out to all the towns we have appeals for and are getting positive feedback on towns issuing permits. DESPP’s new background check system which was implemented last year had a security issue and was down for two months. It’s up and running again and we will follow up on new reinstatements.”

The audit explains the permit and appeal process: “Section 29-28(b) of the General Statutes states that individuals may apply for a state permit to carry a pistol or revolver through their local authorities who may deny or issue a temporary 60-day permit, pending further review by the Department of Emergency Services and Public Protection (DESPP).

“Decisions to deny a permit at either the local or state level, or the revocation of a permit at the state level, may be appealed to the Board of Firearms Permit Examiners (BFPE). DESPP or BPFE can overturn state revocations. Local authority denials must be appealed to BFPE. A local authority may also choose to issue a previously denied permit application. Section 29-32b of the General Statutes require the BFPE to schedule a hearing within ten days of receiving an appeal and hold hearings at least every 90 days,” it says.

State Rep. Craig Fishbein, a Republican representing Wallingford and Middlefield, said the delays are an important issue because the delays deprive residents of their rights.

“Delays in the firearms appeal process are by extension temporary denials of the Constitutionally protected right of Connecticut citizens to keep and bear arms,” Fishbein said in a statement.

“As a former member of the Board of Firearm Permit Examiners, I fully understand the workload and pressures placed on the Board, and while I understand delays occur on occasion, I am shocked by the true scope of the problem highlighted in this report, which also appears to provide confirmation of the pervasive problem with state government’s responsiveness and accountability.

“I applaud the Auditors of Public Accounts for shining light on this important issue, and I urge the governor to convene the appropriate panel and take action to eliminate these backlogs and provide our residents with speedy court appeals that are guaranteed in the Constitution.”

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