AGO 1991-028.
Case Date | August 02, 1991 |
Court | Connecticut |
(1) "Am I authorized to allow the use of this range by anyone other than for persons being trained pursuant to DOC policies and requirements in connection with their job assignment requirements?"
(2) "Am I authorized to permit the use of such range by employees whose job assignment requires certification in the use of a weapon and who simply wish to use the range for extra practice during their off-duty hours?"The relevant facts which you and your staff have provided disclose that the range is utilized by correctional officers who require instruction and practice in order to obtain current certification in the use of firearms. This certification is required in order for the officer to fulfill his duties for the Department of Correction. In addition, a privately organized gun club composed of correctional officers utilizes the range for recreational shooting purposes. This private club has apparently been using the range for approximately twenty years. We have also been advised that, as a component of the range, the private gun club constructed a small cement block building at their expense. This building is, as previously stated, on State owned property. We have been informed that the construction of the building and private use of the range was initially authorized by a former Warden of the Enfield Community Correctional Institution. Apparently this arrangement took the form of a verbal understanding between the former Warden and the private gun club. We believe that in order to respond to your inquiries, an initial distinction must be made between the issues of whether: (1) the gun club acquired some legally enforceable interest in the State property through its previous use of the land and construction of the building; (2) the Commissioner of Correction may authorize the future use of the range by the gun club if he desires to do so. ...
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