343 Conn. 62
Conn.2022Background
- Anthony Leo applied for a Connecticut state pistol permit; Stratford Police denied it based on a prior New York misdemeanor conviction for possession of ketamine, deeming it equivalent to Conn. Gen. Stat. § 21a-279 and thus an automatic disqualifier under § 29-28(b)(2)(B).
- Leo appealed to the Board of Firearms Permit Examiners; at a de novo hearing the board concluded the out-of-state conviction was not an automatic bar and, after questioning Leo about the conviction, drug use, employment and family, found him suitable and ordered issuance of a permit.
- The police department appealed the board’s decision to the Superior Court under the UAPA; the trial court reversed the board, holding § 29-28(b)(2)(B) incorporates equivalent out-of-state convictions and that the board abused its discretion in finding Leo suitable.
- The Connecticut Supreme Court reviewed statutory interpretation de novo and administrative factfinding for substantial evidence and abuse of discretion.
- The Supreme Court held that § 29-28(b)(2)(B) creates per se disqualification only for felonies or the specifically enumerated Connecticut offenses (no out-of-state equivalency language), but an out-of-state conviction may be considered in the issuing authority’s discretionary suitability determination; it reversed the trial court and reinstated the board’s order.
Issues
| Issue | Plaintiff's Argument (Stratford PD) | Defendant's Argument (Leo) | Held |
|---|---|---|---|
| Whether § 29-28(b)(2)(B) bars issuance based on out-of-state equivalent misdemeanors | Statute should be read to bar equivalent out-of-state convictions to avoid two classes of similarly risky applicants | Statute’s plain text lists Connecticut statutes only and omits equivalency language used elsewhere, so no per se bar for out-of-state misdemeanors | § 29-28(b)(2)(B) does not include out-of-state equivalents; only felonies and the specifically enumerated Connecticut offenses are per se bars; out-of-state convictions may be weighed in suitability determinations |
| Whether the board abused its discretion in finding Leo suitable | Board ignored legislative intent and public danger posed by drug offenders; Leo’s conviction and hearing performance show unsuitability | Board had opportunity to assess credibility, considered the conviction and circumstances, and substantial evidence supports suitability | Board’s factual and discretionary finding was supported by substantial evidence; trial court improperly substituted its judgment for the board’s |
| Whether statutory context (e.g., § 29-32, other statutes) requires reading an equivalency provision into § 29-28(b) | Definition of “conviction” and nearby provisions imply extraterritorial convictions must count | Legislature has expressly included out-of-state equivalency language in other statutes but did not do so in § 29-28(b); expressio unius applies | Court declined to read an equivalency provision into § 29-28(b); legislative choice to exclude equivalency stands and policy changes belong to legislature |
Key Cases Cited
- Dept. of Public Safety v. State Board of Labor Relations, 296 Conn. 594 (Conn. 2010) (agency statutory interpretation deference principles; plenary review where interpretation not time-tested)
- Dolgner v. Alander, 237 Conn. 272 (Conn. 1996) (substantial evidence standard for administrative factfinding)
- Smith's Appeal from County Commissioners, 65 Conn. 135 (Conn. 1894) (suitability for licensure is a factual, discretionary judgment for issuing authority)
- Hickey v. Commissioner of Motor Vehicles, 170 Conn. 136 (Conn. 1976) (out-of-state convictions may be considered under a separate discretionary authority but are not automatically equivalent)
- Mayer v. Historic District Commission, 325 Conn. 765 (Conn. 2017) (application of expressio unius canon in statutory interpretation)
- Frank v. Department of Children & Families, 312 Conn. 393 (Conn. 2014) (credibility determinations are for the factfinder)
- Meriden v. Freedom of Information Commission, 338 Conn. 310 (Conn. 2021) (UAPA review framework)
- Commissioner of Public Safety v. Board of Firearms Permit Examiners, 129 Conn. App. 414 (Conn. App. 2011) (issuing authority discretion to deny a firearms permit for unsuitability)