Does a Pardon Restore Gun Rights in CT?
In Connecticut, the Restore the Vote initiative aims to reform the state’s expungement laws to improve access to employment, education, and voting rights for individuals with criminal records. However, a crucial aspect of this reform is whether a pardon restores gun rights in CT. In this article, we will dive into the details of pardons, gun rights, and the interplay between the two in Connecticut.
What is a Pardon?
A pardon is a formal forgiveness or clemency granted to an individual by the state or federal government, usually by the Governor or the President. In Connecticut, the Governor has the power to grant pardons for convictions under state law (CT Gen. Stat. § 54-76). A pardon does not expunge the conviction from the individual’s record but rather acknowledges that the convicted person has been rehabilitated and is deserving of mercy.
Gun Rights and Convictions in CT
In Connecticut, the rights to possess, purchase, and carry firearms are suspended for individuals convicted of certain crimes, including felonies and misdemeanors. Connecticut General Statutes § 29-35c-3(a) states that individuals convicted of a crime that carries a minimum sentence of one year or more are prohibited from possessing, purchasing, or carrying firearms.
Do Pardons Restore Gun Rights in CT?
The short answer is no. A pardon in Connecticut does not automatically restore gun rights. However, the situation is more complex. Here are some key points to consider:
- A pardon does not erase a conviction, so the original conviction remains on the individual’s record.
- Some federal laws, such as the Gun Control Act (GCA) and the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007, prohibit firearms possession for individuals convicted of certain crimes, including domestic violence offenses.
- The State of Connecticut’s Department of Emergency Services and Public Protection (DESPP) uses a separate process to reinstate a person’s ability to possess firearms. This process involves submitting an application, providing documentation, and paying a fee.
CT’s Gun Restoration Process
To restore gun rights in Connecticut, an individual with a prior conviction must complete the following steps:
- Wait Period: After the completion of sentence or release from custody, the individual must wait 10 years from the date of the conviction (CT Gen. Stat. § 29-35c-3(a)(1)).
- Application: The individual must submit an application to DESPP, along with documentation and a fee (DESPP Form SP-15-A).
- Fingerprinting: The applicant must provide fingerprints, which are used to conduct a background check (CT Public Act 12-112, § 5(a)).
- DESPP Approval: After receiving and processing the application, DESPP will review the background check and notify the individual of their decision.
Exceptions and Special Cases
While a pardon does not restore gun rights in Connecticut, there are some exceptions and special cases to consider:
- Municipal Ordinances: Some municipalities in Connecticut have their own ordinances regulating firearms, which may have stricter requirements than state law. An individual with a conviction may need to meet local requirements to possess firearms within those municipalities.
- Federal Law: Federal law allows firearms ownership and possession by individuals with certain convictions if they have received a restoration of their rights from a state court (18 USC § 921(a)(20)).
- Post-Conviction Relief: In some cases, a person may be able to petition the court for relief from their conviction, which could potentially restore their gun rights.
Conclusion
In summary, a pardon in Connecticut does not restore gun rights. However, the state has a specific gun restoration process that involves waiting periods, applications, fingerprinting, and background checks. While a pardon is not a direct route to restoring gun rights, an individual with a conviction can take steps to have their rights reinstated. If you are unsure about the specific requirements or process in your case, it is recommended that you consult with an attorney or contact the Connecticut Department of Emergency Services and Public Protection for more information.
Table: CT Gun Restoration Process
| Step | Description | Requirement |
|---|---|---|
| Wait Period | 10 years from conviction date | Completed sentence or release from custody |
| Application | DESPP Form SP-15-A | Completed application with documentation and fee |
| Fingerprinting | Provides fingerprints for background check | Fingerprinting and submission of fingerprints |
| DESPP Approval | DESPP reviews background check and notifies individual | DESPP decision |
Key Takeaways
- A pardon does not restore gun rights in Connecticut.
- The State of Connecticut has a specific gun restoration process.
- An individual with a prior conviction must wait 10 years from the date of conviction before applying to DESPP.
- The process involves submitting an application, providing documentation, and paying a fee.
- Exceptions and special cases, such as municipal ordinances and federal law, may apply.
- Consult with an attorney or contact DESPP for more information.
