Do I Need To Register With The Atf Ro Open A Bar?

Topic:
COURTS; FIREARMS; FELONIES; JUVENILE DELINQUENCY; WEAPONS;
Location:
JUVENILES - DELINQUENCY; WEAPONS - FIREARMS;

OLR Research Report


March 8, 2006		2006-R-0212
JUVENILE FELONY RECORD AND GUN PURCHASES

By: Veronica Rose, Primary Analyst

You want to know under what circumstances a juvenile ' s felony tape may be erased and whether an developed with an erased juvenile felony record may legally buy and possess firearms in Connecticut.

SUMMARY

Juveniles (children under age 16) accused of committing felonies are prosecuted either in adult criminal courtroom or juvenile courtroom. A felony conviction in adult courtroom can be erased only if the Board of Pardons and Paroles pardons the offender or the law-breaking for which he was convicted is afterward decriminalized. A runaway adjudication in juvenile court can be erased by a court under certain circumstances.

Whether a child ' s case is prosecuted in developed or juvenile courtroom depends on the child ' s age when he allegedly committed the crime and the severity of the crime. Children age 13 and younger are always sent to juvenile court. Children age 14 or fifteen automatically become to criminal courtroom if accused of a capital felony, a class A or B felony, or arson murder, unless the state ' s attorney decides, and the courtroom agrees, that the juvenile court is a more than advisable setting for the case. Children age 14 or fifteen defendant of less serious felonies may exist transferred to developed court on a juvenile prosecutor ' south motion.

The police force bars felons from possessing firearms and from getting gun permits and gun eligibility certificates. But, nether the constabulary, a person whose felony tape is erased is no longer considered a felon. Thus, he is non disqualified from owning, carrying, possessing, buying, selling, or transferring firearms, in the absenteeism of another disqualifying condition. Yet, the official authorized to issue gun permits must determine that an bidder wants firearms for a lawful use and is a suitable person to receive a permit. If the official knows of the conviction, he tin deny the permit on suitability grounds.

An bidder may appeal the denial to the Board of Firearms Permit Examiners, and he may appeal the board ' s conclusion to Superior Courtroom.

ERASED RECORDS GENERALLY

The law (CGS � 54-142a) requires police, courts, and prosecutors to erase all related records when (ane) a criminal instance is dismissed or nolled, (2) the offense for which the defendant was bedevilled is later decriminalized, or (3) a accused is acquitted or granted an absolute pardon. (The duty to erase does not apply if the defendant was found not guilty by reason of mental illness or defect or guilty just not criminally responsible by reason of mental disease or defect.) "Court records" do not include the record or transcript an official court reporter, assistant court reporter, or monitor.

Erased records are more often than not non disclosable. But a court may order disclosure to (1) a defendant in an action for faux abort, (2) a land prosecutor and a defense attorney when the defendant faces perjury charges based on his trial testimony, or (3) crime victims within 2 years after final disposition of the criminal instance (CGS � 54-142c).

BOARD OF PARDONS

The Board of Pardons and Paroles has the power to grant absolute or conditional pardons for any crime, either before or after the defendant serves his sentence. Information technology may also grant commutations of the death penalty (CGS �18-26 et seq.). The lath has wide discretion to make these decisions. There are no statutory criteria for granting or denying a pardon. A person seeking a pardon must submit a petition to the board.

TREATMENT OF JUVENILES WHO COMMIT CRIMES

Decisions to Transfer to Adult Court

Transfers of offenders age 14 or 15 to the adult criminal court are mandatory in some cases and discretionary in others.

A child charged with a capitol felony, a class A or B felony, or arson murder who was age 14 or fifteen when he committed the offense must be automatically transferred to adult courtroom and tried and sentenced as an adult, unless a land ' s chaser decides, and the courtroom agrees, that the case would be more appropriately handled in juvenile court (CGS � 46b-127(a)).

A child charged with a course C or D felony or an unclassified felony may be transferred to developed court on the motion of a juvenile prosecutor and social club of the juvenile court. Such transfers are limited to cases where the kid was at least age 14 when he committed the offense and the court finds ex parte (without the accused's presence) that in that location is probable cause to believe the child committed the law-breaking (CGS � 46b-127(b)).

Children transferred to adult criminal courtroom under these provisions are tried and sentenced as if they were sixteen years one-time. A transferred kid can plead guilty to a lesser offense if the court finds the plea to be knowing and voluntary. A child who is found or who pleads guilty to a lesser offense does not resume his condition as a juvenile. Merely if a kid is plant non guilty or the charges against him are dismissed or nolled, he resumes his status equally a juvenile until he turns age xvi (CGS � 46b-127(c)).

Erasure of Juvenile Court Records

A delinquent child or his parents or guardian may file a petition to erase the records of a kid is discharged from the supervision of the court, the Department of Children and Families, or any other institution or agency to which the courtroom committed him (CGS � 46b-146). The court must grant the petition if information technology finds (one) two years have elapsed since the discharge (iv years if the offense is a serious juvenile offense), (2) no subsequent juvenile proceedings have been instituted against the kid, (three) the child has non been found guilty of a law-breaking, and (4) the kid has reached age 16. The erasure order applies to all police and court records and covers all references, including arrest, complaint, referrals, petitions, reports, and orders. After the records are erased, the finding of delinquency is deemed to have never occurred.

The police force bars officials in charge of the records from disclosing data about them, except the fact of erasure can be substantiated when the court decides information technology is in the kid'due south all-time interest. A kid whose records are erased is accounted non to have been arrested within the meaning of the statutes, and copies of the erasure lodge must be sent to all officials known to take information concerning the malversation.

When a child is dismissed every bit non delinquent, the erasure must be ordered immediately. A petition need not be filed.

ERASED RECORDS AND GUN POSSESSION

It is a law-breaking for felons to possess firearms (CGS � 53a-217). As well, a person bedevilled of a felony is ineligible to get the required permit to carry handguns (pistols or revolvers) or eligibility document to acquire them (CGS �� 29-28 and 29-36f). The public prophylactic commissioner must revoke the permit or certificate of anyone convicted of a felony (CGS �� 29-32 and 29-36i). In add-on, the person must transfer whatever handguns he has to the commissioner or someone eligible to possess them (CGS � 29-36k).

For purposes of the law, a person with an erased criminal record does not have a criminal tape. He is "deemed to take never been arrested inside the significant of the full general statutes with respect to the proceedings so erased and may then swear nether oath" (CGS � 54-142a). Because of this, he is not discipline to the gun laws that apply to felons. He tin legally ain, possess, deport, purchase, sell, or transfer firearms (in the absenteeism of some other disqualifier). Only similar anyone else, he must get a let if he wants to carry handguns, and if he wants to larn, simply not carry them, he must become an eligibility certificate.

Applicants for both the permit or eligibility certificate must undergo land and national criminal history record checks (CGS �� 29-29 and 29-36g). The criminal history record check is a check of a person ' s arrest and disposition tape. Police force enforcement officials conducting the criminal history record check practice not take access to erased criminal records. Thus, this check will not reveal an bidder ' s erased record.

Gun permit applicants must undergo a background check (in improver to the criminal history record check), and the permit-issuing official must find that they are suitable to acquit firearms and want to do so for lawful purposes (CGS �� 29-28 and 29-29). The groundwork bank check is highly subjective. Among other things, the official may (1) interview the bidder, neighbors, friends, and teachers, amongst others; (ii) review domestic or other incidents involving the applicant in which no charges were filed; and (3) review paper reports of abort records. The background check may reveal an applicant ' south criminal record, including 1 that is erased. Based on the findings, the official may deny the gun permit on suitability grounds.

An bidder denied a permit or eligibility certificate may entreatment to the State Board of Firearms Allow Examiners. If aggrieved by the board ' due south decision, he may use to the Superior Courtroom (CGS � 29-32).

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