Update, Jan. 9
New Canaan Police Chief Leon Krolikowski has issued this statement: “This morning, we confirmed and clarified a protocol with the Department of Public Safety and Public Protection, which allows us to resume issuing Temporary State Pistol Permits. We are glad this issue is resolved.”
Original Article
Saying there’s a flaw in how applicants for gun permits are screened for mental health issues, New Canaan Police on Thursday announced that the department is suspending the issuance of Temporary State Pistol Permits.
New Canaan Police Chief Leon Krolikowski
Specifically, screening for applicants locally does not cover whether they’re included in a Connecticut Department of Mental Health & Addiction Services database which tracks individual’s mental health history—an omission that “compromises public safety,” according to a press release from New Canaan Police Chief Leon Krolikowski.
“Critical mental health information must be made available to the local authority before the temporary state permit is issued,” he said.
Krolikowski continued: “Presently, the local authority relies upon the applicant to voluntarily disclose on the pistol permit/eligibility certificate application, mental health conditions which would prohibit the issuance of a temporary state permit. While this disclosure is helpful, access to the DMHAS database is critical.”
The department opened the issue in a Dec. 23 letter to Gov. Dannel Malloy, he said. It’s printed in full below.
Part of the letter reads: “I know you appreciate and are concerned about the gun violence that has occurred in our state as the direct result of individuals possessing firearms that are mentally ill. Until the local authority is provided access to the VATS database, I will refuse temporary state permits; this is a very real public safety issue.”
Here’s the state law regarding pistol permit applications. The legality of the chief’s position is unclear. Reached by NewCanaanite.com, Krolikowski said that the cost-benefit of possibly issuing pistol permits to people who would not be responsible with a firearm outweighed any blowback he may get.
Krolikowski said the law itself is OK but that the process needs to change, where the DMHAS database check comes sooner rather than later. He flagged the problem in November while reviewing a temporary pistol permit application and saw a ‘DMHAS’ box on it, and started making inquiries.
Krolikowski said he had no response from Malloy or acknowledgement of his letter.
The state agency’s database, the “Voluntary Admission Tracking System,” would corroborate whether an applicant has a mental health history that the state law itself defines as a roadblock to issuing a pistol permit/possession of a firearm, the chief said.
“While we support an individual’s rights under the Second Amendment to the Constitution, it is also our responsibility to ensure that we are issuing pistol permits to responsible, capable and qualified applicants,” Krolikowski said. “We are gravely concerned about the gun violence that has occurred in our state as the direct result of individuals possessing firearms that are mentally ill. As such, until the local authority is provided access to the VATS database, the New Canaan Police Department will suspend issuing temporary state permits; this is a very real public safety issue.”
Here is the full text of Krolikowski’s Dec. 23 letter:
Dear Governor Malloy:
We recently uncovered a serious flaw in the State of Connecticut’s pistol permit application, background check and approval process. Specifically, how the process relates to mental health screening. This process is outlined in Connecticut Public Act 13-3, sections 8, 10-11.
When an individual applies for a sixty (60) day temporary state pistol permit to carry pistols and revolvers (temporary state permit) at their city/town, a series of state, as well as federal databases (SPRC, III) are searched to ensure the applicant is not prohibited from being issued a pistol permit/possessing a firearm. See CGS Sec. 29-28.
I recently confirmed that the temporary state permit issuing authority (local police chief/first selectman) does not have access to the State Department of Mental Health & Addiction Services (DMHAS) database, Voluntary Admission Tracking System (VATS), that determines the applicant’s mental health history, which may prohibit the issuance of a pistol permit/possession of a firearm. See PA 13-3, Sect. 8.
Presently, the local authority relies upon the applicant to voluntarily disclose on the pistol permit/eligibility certificate application (DPS 799-C), mental health conditions which would prohibit the issuance of a temporary state permit. While this disclosure is helpful, access to the DMHAS database is critical. Consequently, since local issuing authorities do not have access to the DMHAS database, temporary state permits may be issued to applicants that have mental health histories that prohibit the individual from being issued a temporary state permit/carrying/possessing a firearm.
A representative of the Connecticut State Police Weapons Unit advised us that once the local authority issues a temporary state permit, and the applicant appears in person to obtain a permanent state pistol permit, the VATS database will be checked. Subsequently, if the applicant is in the VATS database the temporary pistol permit will be revoked and the individual may be criminally charged for failing to disclose mental health history on the DPS 799-C.
Clearly, this is problematic and must be corrected. Critical mental health information as outlined in PA 13-3, Sections 8, 10-11, must be made available to the local authority before the temporary state permit is issued.
I urge you to review the State of Connecticut’s pistol permit application process. It is critical that the local police departments have access to all databases when conducting background checks prior to issuing temporary state permits. It is our responsibility to ensure that we are issuing these permits to responsible, capable and qualified applicants.
I know you appreciate and are concerned about the gun violence that has occurred in our state as the direct result of individuals possessing firearms that are mentally ill.
Until the local authority is provided access to the VATS database, I will refuse temporary state permits; this is a very real public safety issue.
You may contact me directly … Yours Truly,
Leon M. Krolikowski
Chief of Police
Mike-Do you know what authority a locale has to halt the permit process outlined in the statute you linked? Is this effective immediately? Was the letter to the governor previously published?
Thanks for reporting.
Robin, I don’t know. I spoke to Chief Krolikowski this afternoon—article is updated, including the full text of his letter to the governor—and the upshot for him is that he simply cannot in good conscience continue with the process as it is, where there’s a risk that an individual will obtain a temporary pistol permit without that DMHAS database check. Will follow up.
In addition to being legally questionable, this also won’t actually stop anyone from getting a permit. If the local issuing authority (New Canaan Police Chief or First Selectman) has rejected or not approved the permit request within 8 weeks you can file an appeal to the CT Board of Firearms Examiners and have them issue you the permit:
http://www.ct.gov/bfpe/cwp/vie…|
I hope the Chief consulted with counsel knowledgeable in CT firearm law before making this decision, I’d hate to see him get sued and have my tax dollars spent on lawyers to defend what is likely an illegal policy. CT is still a shall issue state with specific rules regarding the permitting process that this would appear to violate.
I admire the stand that Chief Krolikowski has taken. I believe that it is important to be more careful in the issuance of gun licenses. All it would take would be one deadly incident in New Canaan by someone with a history of mental issues, and his stance would seem prescient.
Chief Krolikowski is not saying that people should not have guns, only that it is a prudent step to make sure, where possible, that weapons should remain in responsible hands. Bravo Chief!
Firstly I do not believe a local Chief of Police has the constitutional Authority to individually mandate barring a constitutional right.
Secondly, when I conferred with a reporter his investigation indicated that the NCPD could actually directly contact the State and obtain this information.
Third, this action would not stop any permit holder from other towns from bringing fire arms into New Canaan inclusive of the millions of NYS residents who have reciprocity to carry into CT.
Conclusion this mandate would protect no one and just deny New Canaanites their constitutional right to protect their property and families against criminals with unregistered firearms who commit home evasions.
FYI we had this update today from the chief: This morning, we confirmed and clarified a protocol with the Department of Public Safety and Public Protection, which allows us to resume issuing Temporary State Pistol Permits.
We are glad this issue is resolved.