The Firing Line Forums - View Single Post - Second Circuit Finds Due Process Claim for Connecticut Firearms Permit Holder

Bartholomew Roberts · March 25, 2010, 11:29 AM

The Volokh Conspiracy has a good article about a recent Second Circuit decision.

Apparently if you are denied a permit in Connecticut, you will be waiting a long, long time to get an appeal (an average of 14-20 months).

M. Peter Kuck, a Secretary of the Connecticut Board of Firearms Permit Examiners, has held a firearms permit since 1982. During a recent renewal, the Board asked for proof of citizenship before it would renew his permit. Kuck pointed out he had held the permit for some 20+ years already and had never been asked for citizenship before and challenged the Board's authority to request such information. The Board denied his permit.

Kuck appealed the denial and his hearing was scheduled for a date 18 months distant. Kuck sued for denial of his due process rights (a right to have a timely hearing on his right to own a firearm). Connecticut moved to dismiss the case. The Second Circuit Court of Appeals (which at this stage views all facts in the light most favorable to Kuck) found that the 18 month wait without any explanation was an unreasonable delay and a denial of Kuck's due process rights.

March 25, 2010, 11:29 AM	#1
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Second Circuit Finds Due Process Claim for Connecticut Firearms Permit Holder The Volokh Conspiracy has a good article about a recent Second Circuit decision. Apparently if you are denied a permit in Connecticut, you will be waiting a long, long time to get an appeal (an average of 14-20 months). M. Peter Kuck, a Secretary of the Connecticut Board of Firearms Permit Examiners, has held a firearms permit since 1982. During a recent renewal, the Board asked for proof of citizenship before it would renew his permit. Kuck pointed out he had held the permit for some 20+ years already and had never been asked for citizenship before and challenged the Board's authority to request such information. The Board denied his permit. Kuck appealed the denial and his hearing was scheduled for a date 18 months distant. Kuck sued for denial of his due process rights (a right to have a timely hearing on his right to own a firearm). Connecticut moved to dismiss the case. The Second Circuit Court of Appeals (which at this stage views all facts in the light most favorable to Kuck) found that the 18 month wait without any explanation was an unreasonable delay and a denial of Kuck's due process rights.