In their 2013 ‘Legislative package’, the Department of Emergency Services and Public Protection set out to mislead the state legislature in an attempt to make their unlawful collection of background check fees lawful.
The ‘AAC Fees Charged for Criminal History Background Checks’ proposal stated in part:
This statutory change would create a new and appropriate revenue stream by charging for individuals in the private sector that currently do not pay any state fees for criminal history background checks performed by the agency’s State Police Bureau of Investigation
In fact, the DESPP has been collecting this fee since October 1, 2009. The DESPP, as well as all local issuing authorities in the state received a Cease and Desist order for this unlawful practice in April 2012. A lawsuit was filed in May of 2013.
The same proposal went on:
Other changes will delete unnecessary and misleading language from the fee structure for criminal history background checks.
Except that the language to be ‘deleted’ is actually additional language which instead of exempting local police departments and municipalities from background check fees, it changes that to only apply if the requesting agency is requesting the background check for employment purposes. This specifically targets the only other main reason why someone would get a background check fee through a local police department: Pistol permits. And it is a fee that DESPP has collected over $1 million of since they unlawfully started collecting it on October 1, 2009.
This misleading and dishonest proposal resulted in Senate Bill 969.
Connecticut Carry urges the legislature to condemn the dishonest and unlawful actions of the Department of Emergency Services and Public Protection and urge them to discontinue their collections of such fees.
Connecticut Carry will continue to fight these fees using the courts and whatever other lawful means they possess.
More information on this issue can be found on http://ctcarry.com/BackgroundCheckFee/Background.
The DESPP proposal can be found here:
Senate Bill 969 can be found here: http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=969&which_year=2013
Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.