413 A.2d 489 | Conn. Super. Ct. | 1979
The plaintiff commenced this action complaining of the revocation of his pistol permit without prior notice and an opportunity to be heard. He seeks a writ of mandamus ordering the reinstatement of his permit; a hearing before any future revocation is effected; a temporary injunction restraining any attempt to enforce the revocation; and a declaratory judgment that the defendant's action in revoking the permit without notice or a *109 hearing is unconstitutional.1 The defendant's motion to dismiss on the ground that the plaintiff did not exhaust his administrative remedies was denied by the court, which also issued a temporary injunction against enforcement of the revocation.
When governmental action deprives an individual of a liberty or property interest, as those terms are used in the
The court will make every presumption in favor of validity when considering the constitutionality of legislation, and will sustain the act unless the challenger establishes its unconstitutionality beyond a reasonable doubt. New Milford v. SCA Services ofConnecticut, Inc.,
The plaintiff argues that by the defendant's action he was denied the fundamental right to bear arms and to defend himself, a right he claims he has under article
The question has also been faced by several states. State constitutions which provide to the "people" the right to keep and bear arms for the common defense do not necessarily grant individuals that same right. The right is "not directed to guaranteeing individual ownership or possession of weapons."Commonwealth v. Davis,
Every provision of the constitution must be construed to give it effective operation and to suppress the mischief at which it was aimed. Palka v. Walker,
The language of article
The next question then becomes: Does the statutory scheme for permit revocation satisfy the due process requirements of the
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Section
The plaintiff's private interest here is the continued possession of his pistol permit and his ability to carry his pistol on his body. Unless the plaintiff has shown that he needs the weapon in connection with his livelihood or that it is absolutely necessary for his self-defense, this interest, although important, is not substantial. An important factor in assessing the impact of official action on a private interest is the duration of any potentially wrongful deprivation of the property interest. Mackey
v. Montrym,
The second factor — the risk of erroneous deprivation and the probable value, if any, of safeguards — requires an assessment of the relative reliability of the procedures used and the substitute procedures sought. Mackey v. Montrym, supra, 10. The due process clause does not require error-free determinations.Greenholtz v. Inmates of the NebraskaPenal and Correctional Complex,
The Supreme Court has required a hearing closely approximating a trial only in Goldberg v.Kelly,
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The plaintiff seeks pre-revocation notice and a hearing. Frequently there could be a long delay before such a hearing could be held. At issue is the right to carry a dangerous weapon. Time is of the essence in such a situation. Under the statute, the plaintiff may request a hearing as soon as he receives notice of the revocation. Any error in the revocation can be corrected within a reasonable period of time. The present scheme provides a reasonably reliable procedure for checking the validity of the facts upon which the revocation is based.
The government's interest, including the function involved and the fiscal and administrative burdens that the plaintiff's suggested procedures would produce, is the final factor to be weighed. The governmental interest here is to protect the safety of the general public from individuals whose conduct has shown them to be lacking the essential character or *116
temperament necessary to be entrusted with a weapon. Matter of Pelose v. County Court of WestchesterCounty,
"Reasonable gun control legislation is within the police power of a legislative body to enact; any such restriction imposes a restraint or burden upon the individual, but the interest of the governmental unit is, on balance, manifestly paramount." Mosher
v. City of Dayton,
The states have always had great leeway in adopting summary procedures to protect the public health and safety. Mackey v. Montrym, supra, 17. Unlike the situation in Society for Savings v. ChestnutEstates, Inc.,
The summary nature of a pistol permit revocation is vital to protect the public safety. A permittee who is, in fact, unfit to carry a pistol could conceivably do a great deal of harm if given advance notice that his permit might be revoked; it could even result in the loss of human life. The risk is too great.
The requirements of procedural due process are met by General Statutes §§