129 Conn. App. 414
Conn. App. Ct.2011Background
- McWhorter was issued a pistol permit in 2003 and had it revoked by the commissioner in 2007 after being found with a loaded handgun in his car while intoxicated.
- McWhorter was arrested for carrying a weapon in a motor vehicle without a permit and for carrying a firearm under the influence; charges were nolled after he completed a pretrial alcohol education program.
- McWhorter appealed to the Board of Firearms Permit Examiners, which reversed the revocation, finding the incident was isolated and he was a suitable permit holder.
- The commissioner appealed to the Superior Court, which dismissed the petition, and the commissioner then appealed to the appellate court.
- The court discusses the statutory framework for review of firearms permit revocations and the proper standard of review for the board’s determinations of suitability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 29-32b(b) requires de novo review of facts and whether just cause is assessed de novo | Commissioner contends board is limited to reviewing the action for just and proper cause | Board may determine facts de novo and decide if revocation would be just and proper | Statute permits de novo fact-finding and ruling on just cause |
| Whether the board abused its discretion in finding McWhorter suitable to hold a permit | McWhorter’s intoxicated, loaded-firearm incident shows unsuitability | Board reasonably concluded the conduct was an isolated incident and that McWhorter was suitable | Board reasonably found suitability; no abuse of discretion |
| Whether McWhorter’s conduct falls within mandatory disqualifications under § 29-28(b) | Conduct may implicate disqualifications under statute | None of the grounds for mandatory disqualification apply to this case | No mandatory disqualification; discretionary review applies |
Key Cases Cited
- Vincent v. New Haven, 285 Conn. 778 (Conn. 2008) (statutory interpretation standard; plenary review for ambiguous statutes)
- Department of Public Safety v. Board of Labor Relations, 296 Conn. 594 (Conn. 2010) (agency review standards and deference to agency determinations)
- Smith's Appeal from County Commissioners, 65 Conn. 135 (Conn. 1894) (suitability standard for licenses; impact of character on licensing decisions)
- Dwyer v. Farrell, 193 Conn. 7 (Conn. 1984) (public safety statutes reflect legislative intent to protect public welfare in licensing)
- State v. Vachon, 140 Conn. 478 (Conn. 1953) (suitability standard relies on community reputation and sound judgment of the licensing tribunal)