Rachel Baird and Associate

 "Assault Weapons" Petition for Declaratory Rulings Filed on March 25, 2014

  • A Petition filed on behalf of Connecticut Carry asks the Commissioner of the Department of Emergency Services and Public Protection (DESPP) to rule on two issues affecting firearms owners. The Petition for Declaratory Rulings asks the Commissioner for rulings to declare:

    (1) The act of modifying a lawfully possessed assault weapon by adding features or changing characteristics is lawful and therefore not subject to criminal liability.

    (2) The laws passed in No. 13-220 of the 2013 Public Acts (P.A. 13-220) on June 18, 2013, retroactively legalized firearms that had been defined since passage of No. 01-130 of the 2001 Public Acts (P.A. 01-130) on June 28, 2001, as assault weapons subject to a prohibition on possession.

    According to the Uniform Administrative Procedures Act (UAPA), the DESPP, as the agency served the Petition for Declaratory Rulings, shall give notice within thirty days after receipt of the Petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the Petition.

    If the agency (DESPP) finds that a timely petition to become a party or to intervene has been filed according to agency regulations, the agency then: (1) May grant a person status as a party if the agency finds that the petition states facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency proceeding; and (2) may grant a person status as an intervenor if the agency finds that the petition states facts demonstrating that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.

    Within sixty days after receipt of the Petition , the agency (DESPP) shall: (1) Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified circumstances, (2) order the matter set for specified proceedings, (3) agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory ruling and initiate regulation-making proceedings, under section 4-168, on the subject, or (5) decide not to issue a declaratory ruling, stating the reasons for its action.

    For more information about the UAPA as it applies to a Petition for Declaratory Rulings see General Statutes § 4-176.

    Posted: 3/27/2014