Full opinion text
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ [Doc. #70] and [Doc. #86] MOTIONS TO DISMISS VANESSA L. BRYANT, District Judge. The Plaintiffs, M. Peter Kuck (“Kuck”) and James F. Goldberg (“Goldberg”) bring this action individually and on behalf of others similarly situated alleging that (i) they were denied the right to keep and bear arms in violation of the Second and Fourteenth Amendments in count one; (ii) that they were denied procedural due process in connection with the revocation of a gun permit and the denial of a gun permit renewal in counts two, three and four; (hi) that they were denied substantive due process in connection with the revocation of a gun permit and the denial of a gun permit renewal in count five; (iv) that Goldberg’s right to free speech under the First Amendment was violated when his gun permit was revoked in retaliation for the exercise of his First Amendment rights in count six; and (v) that the seizure of Goldberg’s gun permit was an illegal seizure of property in violation of the Fourth Amendment in count seven. Defendants have moved to dismiss Plaintiffs’ complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R.Civ.P. 12(b)(6) as well as based on sovereign immunity under the Eleventh Amendment pursuant to Fed.R.Civ.P. 12(b)(1). In addition, Defendants assert that they are entitled to qualified and quasi-judicial immunity in connection with Plaintiffs’ allegations. For the reasons set forth below, Defendants’ motions to dismiss are granted in part and denied in part. Background i Procedural History and Background The Court recently granted Defendants’ motion to consolidate two separate actions that were pending before the Court which were Goldberg v. Danaher et al., 3:07-cv-1911 and Kuck v. Danaher et al., 3:07-cv-1390. The allegations and claims between the two actions were substantially similar, both Goldberg and Kuck have sued the same Defendants and were represented by the same counsel. Goldberg filed his original complaint on December 12, 2007 which the Court dismissed on July 22, 2008 based on Plaintiffs failure to submit a memorandum in opposition to the motion to dismiss under Local Rule 7(a)(1). Goldberg appealed the dismissal on November 3, 2001. On April 30, 2010, the Second Circuit vacated the Court’s judgment and remanded the case back to the Court. On September 3, 2010, Goldberg filed an amended complaint which Defendants have moved to dismiss. Kuck filed his original complaint on September 17, 2007 which the Court dismissed on July 25, 2008, 2008 WL 2902032. Kuck then appealed the dismissal to the Second Circuit. The Second Circuit vacated and remanded the Court’s ruling on the motion to dismiss and held that at the motion to dismiss stage the plaintiff had plausibly pled that procedural due process was violated when his appeal hearing regarding the denial of his gun permit renewal before the Connecticut Board of Permit Examiners (the “Board”) was scheduled eighteen months after the denial. Kuck v. Danaher, 600 F.3d 159 (2d Cir.2010). On September 3, 2010, Kuck filed an amended complaint, which Defendants have moved to dismiss. On August 17, 2011, the Court consolidated both actions. Since the allegations and claims in the amended complaints filed in Kuck and Goldberg’s separate actions are substantially identical, the Court will consider both amended complaints in its opinion. Plaintiffs have sued the following five Connecticut State Department of Public Safety (“DPS”) officers in their individual capacities: Alaric Fox, Albert Masek, Barbara Mattson, Thomas Karanda, and Ronald Bastura. Plaintiffs have also sued the Commissioner of DPS James Thomas in his official capacity (collectively referred to as the “DPS Defendants”). In addition, former Connecticut Governor Jodi Rell is sued in her individual and official capacities. Lastly, Plaintiffs have sued two individuals associated with the Board. They have brought suit against the sole employee of the Board, Susan Mazzoccoli, in her individual and official capacities as well as the former chairman, Christopher Adams, in his individual capacity (collectively referred to as the “Board Defendants”). ii. Statutory Framework In order to obtain a permit to carry a pistol or revolver in Connecticut, a person must apply to a local authority, either the chief of police, warden or selectman, in the jurisdiction in which he resides or maintains a place of business. Conn. Gen.Stat. §§ 29-28(a)-(b). No permit may be issued if the applicant falls under one of ten statutory exclusions. Conn. Gen.Stat. § 29-28(b). The exclusions are and in 2007 were as follows: (1) the applicant has failed to successfully complete a pistol and revolve safety or training course; (2) the applicant has been convicted of a felony or of certain enumerated misdemeanors; (3) the applicant has been convicted as a delinquent for the commission of a serious juvenile offense; (4) the applicant has been discharged from custody within the preceding twenty years after having been found not guilty by reason of mental disease or defect; (5) the applicant has been confined in a hospital for persons with psychiatric disabilities within the preceding twelve months by order of a probate court; (6) the applicant is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person; (7) the applicant is subject to a firearms seizure order issue; (8) the applicant is prohibited by federal law from shipping, transporting, possessing or receiving a firearm; (9) the applicant is an illegal alien; and (10) the applicant is less than twenty-one years of age. Conn. Gen.Stat. § 29-28(b). In addition, before a temporary permit is issued, the local authority must find that the applicant intends to use the pistol or revolver for a lawful purpose and that the applicant is a “suitable person” to receive such a permit. Id. The statute does not define the term “suitable.” Within eight weeks after an application for a temporary permit has been made, the local authority must inform the applicant whether the temporary permit has been approved or denied. Conn. Gen.Stat. § 29-28a(b). The local authority then sends the application indicating approval or denial to the Commissioner of DPS (the “Commissioner”). Id. If the local authority has denied the application for a temporary state permit, no state permit may be issued. Id. Within eight weeks after receiving an application indicating approval from the local authority, the Commissioner must inform the applicant in writing whether his application for a state permit has been approved or denied. Conn. Gen. Stat. § 29-28a(b). When an application is denied, the applicant has the right to appeal the denial to the Board of Firearm Permit Examiners (the “Board”). Conn. Gen.Stat. § 29-32b(b). State permits to carry a pistol or revolver expire after five years. Conn. Gen.Stat. § 29-30(c). Within ninety days before expiration, the issuing authority must send a notice and renewal form to the holder of the permit. Conn. Gen.Stat. § 29 — 30(f). Unless a permit has been revoked or revocation is pending, the permit remains valid for a period of ninety days after the expiration date. Id. The Commissioner must “investigate each applicant for renewal for a state permit to ensure that such applicant is eligible under state law.” Conn. Gen.Stat. § 29-29(d). The Commissioner may revoke a state permit or temporary state permit “for cause,” and “shall” revoke a permit upon conviction of the holder of such permit of a felony or of any misdemean- or specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28. Conn. Gen.Stat. § 29-32(b). In addition, the Commissioner “may revoke the state permit or temporary permit based on the Commissioner’s own investigation or upon the request of any law enforcement agency.” Id. Any person aggrieved by the revocation of a pistol permit may bring an administrative appeal to the Board. Conn. GemStat. § 29-32b(b). Conn. GemStat. § 29-32b provides the statutory framework for the appeals process and the Board. The Connecticut Legislature recently amended Conn. Gen. Stat. § 29-32b which became effective July 1, 2011. Before the statute provided that “[tjhere shall be established a Board of Firearms Permit Examiners, within the Department of Public Safety for administrative purposes only.” See 2011 Conn. Legis. Serv. P.A. 11-48 (H.B.6651). Now the statute provides that “[t]here shall be established a Board of Firearms Permit Examiners, within Office of Governmental Accountability established under Section 58 of this act.” Conn. Gen.Stat. § 29-32b(a). The Board is “comprised of seven members appointed by the Governor to serve during his term and until their successors are appointed and qualify. With the exception of public members, the members shall be appointed from nominees of the Commissioner of Public Safety, the Connecticut State Association of Chiefs of Police, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc., and Ye Connecticut Gun Guild, Inc., and each of said organizations shall be entitled to representation on the board. At least one member of the board shall be a lawyer licensed to practice in this state, who shall act as chairman of the board during the hearing of appeals brought under this section.” Id. The only powers which the Governor has with respect to the Board is the appointment of Board members. The statute further provides that any person aggrieved by any refusal to issue, renew, or the revocation of a permit may within ninety days after receipt of notice and “without prejudice to any other course of action open to such person in law or in equity, appeal to the board. On such appeal the board shall inquire into and determine the facts, de novo, and unless it finds that such a refusal, limitation or revocation, or such refusal or failure to supply an application, as the case may be, would be for just and proper cause, it shall order such permit or certificate to be issued, renewed or restored, or the limitation removed or modified, as the case may be.” Conn. Gen.Stat. § 29-32b(b). The statute also provides that the Board shall schedule a hearing or an appeal within ten days of receipt of the appeal. It further provides that “[t]he board shall hold hearings at such times and places as it in its discretion reasonably determines to be required, but not less than once every ninety days, and shall give reasonable notice of the time and place of the hearing to the appellant and to the issuing authority. The board shall have the power to compel attendance at its sessions.” Conn. Gen.Stat. § 29-32b(d). In addition, [a]ll appeals hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chairman. The board shall cause a verbatim transcript of the hearing to be kept in such manner as it may determine, and shall furnish such transcript to any party appealing its decision as hereinafter set forth. The statements of witnesses made under oath shall be privileged. Decisions of the board shall be by majority vote and shall be communicated in writing to the appellant and to the issuing authority within twenty days after the rendering of the decision. If any issuing authority neglects or refuses to comply with a decision of the board within ten days after notice of the board’s decision has been given to such issuing authority, the board shall apply to the superior court for a writ of mandamus to enforce the board’s decision. Conn. Gen.Stat. § 29~32b(e). Lastly, any person who has been aggrieved by the decision of the Board may appeal that decision in state superior court. Conn. Gen.Stat. § 29-32b(f). The Board maintains an office for conducting its day-to-day business and Conn. Agencies. Regs. § 29-32b-4 provides that “[t]he office shall be staffed by a manager and other personnel as needed. Such manager shall serve as its executive head for routine administrative and operational matters.” Hi Facts as Alleged in the Amended Complaints The following relevant facts are taken from Goldberg and Kuck’s amended complaints. [Doc. # 67, 3:07-cv-1911, Goldberg Compl. and Doc. # 60, 3:07— cv1390, Kuck Compl.]. Goldberg applied in April 2007 for a temporary state permit to carry a pistol or revolver with the local authority which was shortly approved. [Doc. # 67, Goldberg Compl. at ¶ 37]. DPS then approved and issued a non-temporary permit to Goldberg on May 17, 2007. [Id. at ¶¶ 37-40]. One month later on June 21, 2007, Goldberg was arrested by the Glastonbury Police Department (“GPD”) for breach of the peace in the second degree. [Id. at ¶¶ 41-40]. Goldberg had entered a Chili’s restaurant while wearing his firearm in a holster which was visible. See James F. Goldberg v. Town of Glastonbury, et al., Docket No. 3:07-cv-01733 (SRU). The manager at Chili’s called 911 to report that a man with a firearm had entered the restaurant which resulted in the Glastonbury Police Officers arriving on the scene and arresting Goldberg for breach of the peace in the second degree. During the arrest, the GPD seized Goldberg’s pistol and his gun permit. Goldberg has sued the GPD in a separate action alleging that his Fourth Amendment rights were violated when he was arrested and his property seized. See James F. Goldberg v. Town of Glastonbury, et al., Docket No. 3:07-cv-01733 (SRU). On June 25, 2007, GPD Lieutenant Dennis Woessner forwarded a letter to Defendant DPS Officer Detective Mattson consisting of one-sentence “[e]nclosed is the case we spoke about on the phone. Thanks for all your help.” [Doc. # 67, Goldberg Compl. at ¶ 48]. Defendant Mattson then sent Goldberg a letter dated June 27, 2007 notifying him that his permit had been revoked as a “result of your involvement in an incident investigated by: Glastonbury Police Department, Case Number: 07-009576, date 6/27/2001.” [Id. at ¶¶ 49-50]. Goldberg alleges that this letter did not reference whether DPS’s revocation was based on either an investigation by DPS or upon the request of any law enforcement agency as is required under Conn. Gen.Stat. § 29-32(b). [Id. at ¶¶ 51-52], Goldberg timely appealed DPS’s revocation of his permit and was scheduled for a hearing before the Board on May 14, 2009 which was twenty-two months after the revocation of his permit. [Id. at ¶ 62]. On July 30, 2007, the charges for breach of the peace against Goldberg were nolled. [Id. at ¶¶ 57-61]. On January 29, 2008, Goldberg then re-applied for a temporary state permit with the local authority to carry a pistol before his earlier permit was reinstated and where his appeal on his prior permit was still pending. [Id. at ¶¶ 64-71], The temporary permit was approved on February 4, 2008. On February 21, 2008, Goldberg received notice from DPS that his temporary permit was also revoked for cause. The notice informed Goldberg that this second revocation was also based on his breach of peace arrest and the fact that his prior permit had been revoked and was currently under appeal with the Board. [Id.]. Goldberg alleges that DPS violated Conn. Gen.Stat. § 29-32(b) as it did not conduct an investigation prior to revoking either of his permits nor did it receive requests for revocation from any law enforcement agency. [Id. at ¶¶ 87-89]. Prior to Goldberg’s hearing before the Board, DPS reinstated Goldberg’s permit on September 22, 2008 stating “a review of the facts and circumstances of the incident involving your Connecticut Permit to Carry Pistols and Revolvers has been completed. Effective upon your receipt of this notice, your permit is reinstated.” [Id. at ¶ 86]. On March 19, 2007, Kuck submitted an application for renewal of his state gun permit prior to its expiration. [Doc. # 60, Kuck Compl. at ¶ 37]. DPS demanded that Kuck submit a birth certifícate or United States Passport for renewal. [Id. at ¶ 38]. Kuck was informed that since September 11, 2001 it was DPS policy to require a birth certifícate or passport for renewal. [Id. at ¶ 41]. When Kuck had originally applied for his gun permit, he was not required to provide such identification. [Id. at ¶ 44]. Kuck alleges that the submission of a United States passport or birth certificate is not a requirement under Conn. Gen.Stat. §§ 29-28(b), 29-30 for state permit renewal. On April 16, 2007, Kuck’s state permit expired. [Id. at ¶ 51]. Kuck filed a timely appeal to the Board and the Board heard the appeal on October 9, 2008. [Id. at ¶¶ 60-61]. DPS renewed Kuck’s permit following the October 9, 2008 hearing. [Id. at ¶¶ 66-67]. As the Second Circuit noted in Kuck, both Goldberg and Kuck allege that “DPS frequently denies permit applications for bogus or frivolous reasons, thereby subjecting qualified applicants to a lengthy appeals process, only to grant the permit months or years later, just before the appeal hearing.” Kuck v. Danaher, 600 F.3d 159, 165 (2d Cir.2010). In addition, both Goldberg and Kuck’s amended complaints contain allegations regarding the experience of Kuck as secretary of the Board. [Doc. # 67, Goldberg Compl. at ¶¶ 116— 229]. Kuck served as Board secretary “from prior to October 2003 until October 11, 2007.” [Id.]. In particular, Plaintiffs allege that Kuck’s attempts as Secretary to “address the [appeals] backlog” were thwarted by the actions of the DPS Defendants and the Board Defendants Adams and Mazzoccoli. Plaintiffs allege that Board Defendants Adams and Mazzoccoli collaborated with DPS to “deny Kuck the opportunity to review the facts of each appeal and schedule the cases for hearing while he was Secretary.” [Id.]. In particular, Plaintiffs allege that Mazzoccoli and Adams in responding to Kuck’s concerns about the backlog reached out to DPS to discern whether DPS planned to resolve certain appeals by reinstating the permits prior to the scheduled appeals hearing. However, the Court notes that Mazzoccoli and Adam’s conduct that the Plaintiffs complain of had the effect of reducing the number of appeals before the Board and did not result in the alleged denial of the opportunity to review the facts of each appeal. [Doc. # 67, Goldberg Compl. at ¶¶ 144-165]. Plaintiffs also allege that the Board’s appeals process was audited sometime pri- or to May, 2007 by the Auditors of Public Accounts which found that the backlog of appeals “had been a concern for at least two years and during this time had increased from an estimated wait time for hearing from fourteen to sixteen months.” [Doc. # 67, Goldberg Compl. at ¶¶ 100-109]. Plaintiffs further allege that the Auditors’ findings were reported to the Governor and therefore Governor Rell was notified that “DPS contributed to the backlog of the appeals waiting for hearing before the Board by not reviewing and then settling the majority of the cases until the month of the scheduled hearing.” [Id.]. Legal Standard The standards of review for a motion to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction and under 12(b)(6) for failure to state a claim are “substantively identical.” Lerner v. Fleet Bank, N.A., 318 F.3d 113, 128 (2d Cir. 2003). However, on a motion to dismiss under Rule 12(b)(1), the party invoking the Court’s jurisdiction bears the burden of proof to demonstrate that subject matter jurisdiction exists, whereas the movant bears the burden of proof on a motion to dismiss under Rule 12(b)(6). Id. In deciding both types of motions, the Court “must accept all factual allegations in the complaint as true, and draw inferences from those allegations in the light most favorable to the plaintiff.” In re AIG Advisor Group Sec. Litig., 309 Fed.Appx. 495, 497 (2d Cir.2009). “To survive a motion to dismiss [under Rule 12(b)(6) ], a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (internal quotation marks omitted). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. The Court’s review on a motion to dismiss pursuant to Rule 12(b)(6) is generally limited to “the facts as asserted within the four corners of the complaint, the documents attached to the complaint as exhibits, and any documents incorporated in the complaint by reference.” McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 191 (2d Cir.2007). In addition, the Court may also consider “matters of which judicial notice may be taken” and “documents either in plaintiffs’ possession or of which plaintiffs had knowledge and relied on in bringing suit.” Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir.1993). In deciding a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), however, the Court “may resolve disputed factual issues by reference to evidence outside the pleadings, including affidavits.” State Employees Bargaining Agent Coal. v. Rowland, 494 F.3d 71, 77 n. 4 (2d Cir.2007). Analysis of Plaintiffs’ Count One Claim that his Second Amendment Rights were Violated i. Analysis of whether the Connecticut Statute violated Plaintiffs’ Second Amendment Rights In count one of Ruck’s amended complaint, he alleges that DPS denied him a permit renewal based on a finding of unsuitability. DPS denied his permit renewal because Ruck had failed to demonstrate that he was not an illegal alien when he refused to provide a passport or birth certificate pursuant to one of the ten specific “eligibility” factors enumerated in Section 29-28(b). Therefore, DPS’s decision was based on their determination that Ruck was unsuitable based on one of the specific eligibility categories enumerated in the statute. The Supreme Court in Heller held that reasonable prohibitions on the possession of firearms are permissible under the Second Amendment. District of Columbia v. Heller, 554 U.S. 570, at 626-27 & n. 26, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). In Heller, Justice Scalia stated a person must be allowed to register gun if not disqualified implying withholding of a permit to one who does not establish their qualification is permissible. Id. (holding that the decision should not call into question “longstanding prohibitions on the possession of firearms” by certain classes of persons). In count one of Goldberg’s Amended Complaints, Goldberg claims that the DPS Defendants violated his right to bear arms under the Second Amendment by revoking his pistol permit based upon a determination that he was not “suitable” to hold a permit under Section 29-28(b) of the Connecticut General Statutes based on his arrest for breach of the peace in the second degree. The Second Amendment provides that “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend II. In Heller, the Supreme Court held that the Second Amendment protects the individual right to keep and bear arms for self-defense. Heller, 554 U.S. at 595, 128 S.Ct. 2783. Two years later, in McDonald v. City of Chicago, — U.S. —, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment “incorporates the Second Amendment right recognized in Heller” to the states. Id. at 3026. In Heller, the Supreme Court addressed whether several District of Columbia statutes, which generally prohibited the possession of handguns and required any other lawful firearms in the home to be kept inoperable, violated the Second Amendment. Heller, 554 U.S. at 592, 128 S.Ct. 2783. The Supreme Court found that the District of Columbia’s prohibition on operable handguns in the home was unconstitutional because the right to self-defense is central to the Second Amendment and the regulation extended to the home, “where the need for defense of self, family, and property is most acute.” Id. at 628, 128 S.Ct. 2783. The Court recognized, however, that the right to bear arms is not unlimited, noting that “the majority of 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.” Id. at 626, 128 S.Ct. 2783 (citations omitted). The Court further stated that its decision should not call into question “longstanding prohibitions on the possession of firearms” by certain classes of persons, such as the mentally ill and convicted felons, and in certain places constituting security concerns. Id. at 626-27 & n. 26, 128 S.Ct. 2783. Thus, the Supreme Court suggested that the core purpose of the right conferred by the Second Amendment was to permit “law-abiding, responsible citizens to use arms in defense of hearth and home.” Id. at 635, 128 S.Ct. 2783. The Supreme Court in Heller did not decide the appropriate level of constitutional scrutiny to be used in reviewing restrictions upon a person’s right to bear arms. Id. at 624, 128 S.Ct. 2783. Instead, the Court found that, “[u]nder any of the standards of scrutiny that we have applied to enumerated constitutionals rights,” the ban at issue “would fail constitutional muster.” Id. at 628-29, 128 S.Ct. 2783 (internal citation omitted). The Court did rule out two types of scrutiny as inappropriate for Second Amendment analysis. First, the Court held that rational basis review was improper, explaining that “[i]f all that was required to overcome the right to keep and bear arms was a rational basis, the Second Amendment would be redundant with the separate constitutional prohibitions on irrational laws, and would have no effect.” Id. at 629 n. 27, 128 S.Ct. 2783. Second, the Court rejected the “interest-balancing approach” advocated by Justice Breyer in dissent, noting that “[w]e know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest balancing’ approach.” Id. at 634, 128 S.Ct. 2783. The Second Circuit has not yet weighed in on the appropriate level of scrutiny to apply to firearms restrictions. The Circuit Courts of Appeal that have addressed the issue have generally concluded that intermediate scrutiny should be applied to the firearms restrictions they considered. For example, in United States v. Marzzarella, 614 F.3d 85 (3d Cir.2010), the Third Circuit applied intermediate scrutiny to a statute making it unlawful to possess a handgun with an obliterated serial number. Id. at 97. The Third Circuit formulated the applicable test as whether the asserted governmental interest was “significant,” “substantial,” or “important,” and whether the fit between the challenged regulation and the asserted objective is “reasonable, not perfect.” Id. at 97-98. In United States v. Reese, 627 F.3d 792 (10th Cir.2010), the Tenth Circuit adopted the Third Circuit’s approach in Marzzarella and applied intermediate scrutiny to a statute prohibiting the possession of a firearm by a person subject to a domestic protection order. Id. at 801-02. The Tenth Circuit formulated the intermediate scrutiny test as follows: “To pass constitutional muster under intermediate scrutiny, the government has the burden of demonstrating that its objective is an important one and that its objective is advanced by means reasonably related to that objective.” Id. at 802 (quoting United States v. Williams, 616 F.3d 685, 692 (7th Cir.2010) (applying intermediate scrutiny to statute criminalizing possession of a firearm by a convicted felon)). Similarly, in United States v. Masciandaro, 638 F.3d 458 (4th Cir.2011), the Fourth Circuit applied intermediate scrutiny to a regulation prohibiting the carrying or possession of a loaded handgun in a motor vehicle inside a national park. Id. at 469-70. The Fourth Circuit contemplated that courts “will employ different types of scrutiny in assessing burdens on Second Amendment rights, depending on the character of the Second Amendment question presented.” Id. at 470. The Fourth Circuit explained that, under such an approach, “we would take into account the nature of a person’s Second Amendment interest, the extent to which those interests are burdened by government regulation, and the strength of the government’s justifications for the regulation.” Id. Based upon these considerations, the Fourth Circuit employed intermediate scrutiny to the challenged regulation because it burdened the right to bear arms outside of the home, and thus did not implicate the “core right of self-defense of a law-abiding citizen in his home” recognized by Heller. Id. at 471. The Court explained, that “as we move outside the home, firearm rights have always been more limited, because public safety interests often outweigh individual interests in self-defense.” Id. at 470. Therefore, the Fourth Circuit applied intermediate scrutiny to the regulation at issue, which required the government to demonstrate that the challenged regulation “is reasonably adapted to a substantial government interest.” Id. at 471. The Ninth Circuit, by comparison, has adopted a “substantial burden” framework for the analysis of firearm regulations, under which “heightened scrutiny does not apply unless a regulation substantially burdens the right to keep and to bear arms for self-defense.” Nordyke v. King, 644 F.3d 776, 784-85 (9th Cir.2011). The Ninth Circuit in Nordyke remanded to the district court to allow the plaintiffs an opportunity to amend their complaint and, if they did so, to have the district court apply the substantial burden test to the regulation at issue, a county ordinance prohibiting the possession of firearms on county property. Most district courts to have addressed the issue have also applied intermediate scrutiny to challenged firearms regulations. See, e.g., Osterweil v. Bartlett, No. 1:09-cv-825, 819 F.Supp.2d 72, 84-85, 2011 WL 1983340, at *10 (N.D.N.Y. May 20, 2011) (applying intermediate scrutiny to statute prohibiting nonresidents who are not employed in New York State from obtaining a firearms license); United States v. Smith, 742 F.Supp.2d 855, 864-65 (S.D.W.Va.2010) (applying intermediate scrutiny to statute criminalizing the possession of a firearm by a person convicted of a misdemeanor crime of domestic violence). This Court follows the approach taken by the majority of other courts to have confronted the issue and applies intermediate scrutiny to Section 29-28(b). The Court is persuaded by the reasoning of other courts that strict scrutiny should not apply to firearm regulations that restrict the right to bear arms outside the home. See, e.g., Masciandaro, 638 F.3d at 471 (“While we find the application of strict scrutiny important to protect the core right of self-defense of a law-abiding citizen in his home ..., we conclude that a lesser showing is necessary with respect to laws that burden the right to keep and bear arms outside the home.”) (internal quotation marks and citation omitted); Osterweil, 819 F.Supp.2d at 84, 2011 WL 1983340, at *10 (applying intermediate scrutiny because the challenged law “falls at least one level outside the core right recognized in Heller, i.e., the right of a law abiding individual to keep and carry a firearm for the purpose of self defense in the home”). Section 29-28(b) governs the issuance of permits to carry a pistol or revolver in public, and does not implicate the right to possess a firearm for self-defense in the home. Under Connecticut law, persons may carry a pistol or revolver in their own dwelling without a permit. See Conn. Gen.Stat. § 29-35(a) (“No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28.”); State v. Bailey, 209 Conn. 322, 346, 551 A.2d 1206 (1988) (“[T]he statute allows persons to carry a pistol in their own dwelling without a permit.”). Therefore, Goldberg’s “core right” of self-defense within his home was not violated when his pistol permit was revoked after his arrest for breach of peace at Chili’s. In addition, this Court is mindful of the Heller Court’s warning that lower courts should not interpret its decision so broadly as to invalidate all existing firearm regulations. Heller, 554 U.S. at 626-27, 128 S.Ct. 2783. As the Fourth Circuit stated in Masciandaro, requiring strict scrutiny in the circumstances presented here “would likely foreclose an extraordinary number of regulatory measures, thus handcuffing lawmakers’ ability to prevent armed mayhem in public places, and depriving them of a variety of tools for com-batting the problem.” 638 F.3d at 471 (citations and internal quotation marks omitted). Accordingly, the Court must consider whether the state has an important interest in regulating the carrying of firearms in public and whether Section 29-28(b) is substantially related to that interest. As the Second Circuit has recognized, “Connecticut clearly has a strong and compelling interest in ensuring that firearm permits are not issued to those ‘lacking the essential character or temperament necessary to be entrusted with a weapon.’ ” Kuck v. Danaher, 600 F.3d 159, 166 (2d Cir.2010) (quoting Dwyer v. Farrell, 193 Conn. 7, 12, 475 A.2d 257 (1984)). Goldberg argues, in essence, that Sections 29-28(b) and 29-32(b) are unconstitutional because they grant DPS unfettered discretion to deny and revoke permits to carry a pistol or revolver based upon a finding that a person is not “suitable” to hold a permit. According to Goldberg, the ten specific “eligibility” factors enumerated in Section 29-28(b) ensure that only law-abiding citizens competent to carry a pistol or revolver will be issued a firearm permit. [Doc. # 84, Goldberg Mem. in Opp. at 7-8]. If there remain categories of individuals who should not be eligible to hold a permit, Goldberg claims, the statute can be amended by the legislature to add additional specific, defined eligibility factors. Id. Thus, in Goldberg’s view, the suitability requirement of Section 29-28(b) is not reasonably related to the State’s interest in protecting the public from individuals who would pose a danger if entrusted with a firearm. The Connecticut Supreme Court recognized the unworkability of the approach advocated by Goldberg more than a century ago in Smith’s Appeal from County Commissioners, 65 Conn. 135, 138, 31 A. 529 (1894). In that case, the Court considered an appeal by Smith, a state citizen who contested the granting of a liquor license under a licensing statute to another citizen, Kirby, on the basis that Kirby was not a “suitable” person to receive a license. Id. Like the statute at issue in the case at bar, the statute governing liquor licensing expressly prohibited the granting of licenses to certain classes of persons, and also required a suitability determination to be made with respect to an applicant not falling within the enumerated classes to determine whether such applicant was unfit to receive a license. Id. In discussing the meaning of the term “suitable,” the Court stated: The word “suitable” as descriptive of an applicant for license under the statute, is insusceptible of any legal definition that wholly excludes the personal views of the tribunal authorized to determine the suitability of the applicant. A person is “suitable” who by reason of his character — his reputation in the community, his previous conduct as a licensee — is shown to be suited or adapted to the orderly conduct of [an activity] which the law regards as so dangerous to public welfare that its transaction by any other than a carefully selected person duly licensed is made a criminal offense. It is patent that the adaptability of any person to such [an activity] depends upon facts and circumstances that may be indicated but cannot be fully defined by law, whose probative force will differ in different cases, and must in each case depend largely upon the sound judgment of the selecting tribunal. Id. Later, in Dwyer v. Farell, the Connecticut Supreme Court observed that the legislative intent underlying the scheme for issuance of firearm permits set forth in Sections 29-28 through 29-38 was “to protect the safety of the general public from individuals whose conduct has shown them to be lacking the essential character or temperament necessary to be entrusted with a weapon.” 193 Conn, at 12-13, 475 A.2d 257 (quoting Rabbitt v. Leonard, 36 Conn.Supp. 108, 115-16, 413 A.2d 489 (1979)); see also Commissioner of Public Safety v. Board of Firearms Permit Examiners, 129 Conn.App. 414, 423, 21 A.3d 847 (2011). Thus, although the term “suitable” as used in Section 29-28(b) is not statutorily defined, Connecticut courts have made clear that the purpose of imposing a suitability requirement is to ensure that persons who potentially would pose a danger to the public if entrusted with a handgun do not receive a permit. See Nicholson v. Board of Firearms Permit Examiners, No. CV 94 054 10 48, 1995 WL 584377, at *3 (Conn.Super.Ct. Sept. 28, 1995) (“[A]n ‘unsuitable person’ under [Section 29-28(b) ] is one whose conduct indicates that he or she is potentially a danger to the public if entrusted with a handgun.”). Contrary to Plaintiffs’ contention, this Court does not believe it to be possible for Connecticut to discharge its duty to protect the public unless DPS and also the Board on appeal is afforded circumscribed discretion to determine whether a particular applicant seeking a pistol permit would pose a danger to the public if entrusted with a firearm. The suitability requirement is the statutory mechanism which provides DPS and also the Board with the necessary discretion. The statute enumerates certain categories of individuals who because of their conduct or characteristics are automatically ineligible to hold a pistol permit. However, whether any particular person who does not fall within those enumerated categories is suited to carry a firearm is heavily dependent upon facts and circumstances that “cannot be fully defined by law, whose probative force will differ in different cases,” and which require the exercise of sound judgment by a state authority. Smith’s Appeal, 65 Conn, at 138, 31 A. 529. As a review of Connecticut cases in which pistol permits have been revoked reveals, it is impossible for the legislature to conceive in advance each and every circumstance in which a person could pose an unacceptable danger to the public if entrusted with a firearm. See, e.g. Lepri v. Board of Firearms Permit Examiners, No. CV 960055714, 1998 WL 707810, at *2 (Conn.Super.Ct. Sept. 29, 1998) (affirming revocation of plaintiffs pistol permit where plaintiff was arrested for breach of peace after he pointed a bazooka in the direction of a neighbor and others who were on or near the neighbor’s property); Dillon v. Board of Firearms Permit Examiners, No. CV 960053199, 1997 WL 625436, at *2 (Conn.Super.Ct. Oct. 2, 1997) (affirming revocation of pistol permit where plaintiff accidently shot himself on two occasions as a result of his gross violation of gun safety rules); Hall v. Board of Firearms Permit Examiners, No. CV 950069036, 1996 WL 88511, at *4 (Conn.Super.Ct. Feb. 8, 1996) (affirming revocation of pistol permit where plaintiff shot his gun at a friend’s house and then brought the loaded gun into a bar and drove home with it after drinking for one hour and later while drinking threatened to commit suicide by shooting himself; noting that “[t]he Board is not required to wait until [plaintiff] actually shoots himself or someone else in a fit of intoxicated rage before revoking his pistol permit”). Furthermore, DPS does not exercise unbridled discretion to deny or revoke a person’s firearm permit. The principle of “ejusdem generis” mandates that where a general term follows an enumeration of terms with specific meaning, the general term is expected to apply to matters similar to the specifically enumerated terms. diLeo v. Greenfield, 541 F.2d 949, 954 (2d Cir.1976). In addition, denial or revocation decisions are subject to de novo review by the Board to determine whether, based upon all of the facts, there was “just and proper cause” for the denial or revocation. Conn. Gen.Stat. § 29-32b(b). In addition, decisions of the Board may be appealed to Connecticut Superior Court. Conn. Gen.Stat. § 29-32b(f). For these reasons, the Court holds that the statute at issue is substantially related to Connecticut’s compelling interest in protecting the public from persons who could potentially pose a dangerous if entrusted with a firearm. Section 29-28(b) enumerates categories of individuals who are ineligible to hold a firearm permit, and affords DPS discretion to determine whether denial or revocation of a permit in particular circumstances not covered by the express statutory grounds is warranted, subject to review by the Board as well as the Superi- or Court. In this case, Goldberg’s permit was revoked by DPS based upon his arrest for breach of peace in connection with an incident that occurred at Chili’s restaurant. This arrest provided DPS with a reasonable basis to revoke Goldberg’s permit pending a determination of whether, based upon all of the facts and circumstances, he was suitable to hold a permit, i.e., that he would not pose a danger to the public if entrusted with a weapon. Goldberg appealed the revocation, and his permit was ultimately returned to him after his criminal case was nolled. While the Court is troubled by the time which elapsed from the date the permit was revoked to the date it was reinstated, particularly in light of the time frames prescribed by the appeal statute, the record is not sufficiently developed for the Court to draw any reasoned conclusions. In these circumstances, the Court holds that the DPS Defendants did not violate Goldberg’s Second Amendment right to bear arms. ii Analysis of Whether the Connecticut Statute is Unconstitutionally Void for Vagueness As the Defendants acknowledge, count one of the Amended Complaints may also be construed to assert a void for vagueness challenge to Section 29-28(b) under the Second and Fourteenth Amendments. See [Doc. # 67, Goldberg Compl. at ¶ 243] (alleging that the policy choices exercised by the state legislature and the DPS Defendants in interpreting Section 29-28(b)’s “vague principle of suitability” are “now subject to limitations necessitated by an individual’s fundamental right to keep and bear arms”). Plaintiffs do not specify whether they challenge Section 29-28(b) facially or as applied. Therefore, the Court will analyze both types of challenges. A Facial Challenge “Facial challenges are generally disfavored.” Dickerson v. Napolitano, 604 F.3d 732, 741 (2d Cir.2010). There are several reasons for this. First, limiting such “third party” standing “serves institutional interests by ensuring that the issues before the court are concrete and sharply presented.” Id. (quoting Thibodeau v. Portuondo, 486 F.3d 61, 71 (2d Cir.2007)). Second, “[c]laims of invalidity often rest on speculation.” Id. (quoting Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 450, 128 S.Ct. 1184, 170 L.Ed.2d 151 (2008)). Third, facial challenges “run contrary to the fundamental principles of judicial restraint that courts should neither anticipate a question of constitutional law in advance of the necessity of deciding it nor formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.” Id. Fourth, “facial challenges threaten to short circuit the democratic process by preventing laws embodying the will of the people from being implemented in a manner consistent with the Constitution.” Id. at 742. Nevertheless, facial challenges have been permitted in certain rare circumstances when the claims were based on the assertion of a First Amendment right. Id. In such cases, a plaintiff was “allowed to challenge a law that may be legitimately applied to his or her own expressive conduct if the law has the potential to infringe unconstitutionally on the expressive conduct of others.” Id. Neither the Supreme Court nor the Second Circuit has definitively decided whether a facial void for vagueness challenge can be maintained where, as here, the challenge is not properly based on the First Amendment. Id. at 743. In Dickerson, the Second Circuit identified two possible standards that may govern non-First Amendment vagueness challenges. Id. The Dickerson Court did not, however, resolve which standard should apply, or indeed whether such challenges are even cognizable at all. Id. The first possible standard is that such challenges are permitted only when “no set of circumstances exists under which the [law] would be valid.” Id. (quoting United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987)); accord Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982) (“To succeed [in a vagueness challenge], the complainant must demonstrate that the law is impermissibly vague in all of its applications.”). The Second Circuit explained that this standard “effectively eliminates facial challenges outside of the First Amendment context that could not also be brought as an as-applied challenge, since any law that is unconstitutional in every set of circumstances is also necessarily unconstitutional when applied to any plaintiff.” Dickerson, 604 F.3d at 743-44; see also United States v. Rybicki, 354 F.3d 124, 129-30 (2d Cir.2003) (discussing decisions that have “held that when ... the interpretation of a statute does not implicate First Amendment rights, it is assessed for vagueness only ‘as applied’”); United States v. Nadi, 996 F.2d 548, 550 (2d Cir.1993) (“[V]agueness challenges that do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the statute’s facial validity.”). The second possible standard is derived from the Supreme Court’s plurality opinion in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. 1849, 144 L.Ed.2d 67 (1999), where the plurality expressed some skepticism about the “no set of circumstances” standard enunciated in Salerno and Hoffman and upheld a facial vagueness challenge to an anti-loitering statute. Morales, 527 U.S. at 55 n. 22, 119 S.Ct. 1849. Courts have interpreted the Morales decision as applying a facial vagueness challenge to a statute with no First Amendment implications since the Morales court found that the freedom to loiter was a part of the liberty interest protected by the Due Process Clause. See Dickerson, 604 F.3d at 743; Morales, 527 U.S. at 53, 119 S.Ct. 1849. The statute at issue in Morales was a Chicago ordinance that required a police officer, upon observing a person “whom he reasonably believes to be a criminal street gang member loitering in any public place with one or more persons,” to order all such persons to disperse, and made any person’s failure to obey such an order a violation. Id. at 47 n. 2, 119 S.Ct. 1849. The statute defined “loiter” as “to remain in any one place with no apparent purpose.” Id. Justice Stevens, writing for the plurality, explained: This is not an ordinance that simply regulates business behavior and contains a scienter requirement. It is a criminal law that contains no mens rea requirement, and infringes on constitutionally protected rights. When vagueness permeates the text of such a law, it is subject to facial attack. Id. at 55, 119 S.Ct. 1849 (internal citations and quotation marks omitted). The plurality found the statute to be impermissibly vague because it failed to give citizens adequate notice of what conduct is forbidden and what is permitted and afforded too much discretion to the police to determine what activities constituted loitering. Id. at 64, 119 S.Ct. 1849. The statute at issue in Morales also in fact has First Amendment implications since the anti-loitering statute can be seen to impermissibly restrict a citizen’s right to assemble which would infringe upon the First Amendment. See McDonald, 130 S.Ct. at 3031 (“[T]he Court held that the general ‘right of the people peaceably to assemble for lawful purposes,’ is protected by the First Amendment”) (quoting U.S. v. Cruik shank, 92 U.S. 542, 551-552, 23 L.Ed. 588 (1875)). If the Morales decision does implicate the First Amendment then the appropriate standard for review should be the Salerno and Hoffman standard as that standard has been held to apply to vagueness challenges outside the First Amendment context. However assuming that Morales does not involve any First Amendment implications and that the Morales plurality’s decision suggests that a facial vagueness challenge can apply outside the First Amendment context, the approach of the Morales plurality has not been adopted by a majority of the Supreme Court as a whole. Therefore, the Second Circuit has recognized that it is not required to apply the Morales plurality’s approach. Rybicki, 354 F.3d at 131. Nonetheless, in Rybicki the Second Circuit observed that under that approach, “to invalidate as unconstitutionally vague on its face a statute that does not implicate First Amendment rights and might be valid under some set of circumstances, a court would have to conclude that the law is ‘permeated’ with vagueness, and, perhaps, that it infringes on a constitutional right and has no mens rea requirement[.]” Id. (citation omitted). At least one other Circuit has expressly declined to adopt the Morales plurality’s approach, instead applying the standard enunciated in Salerno and Hoffman Estates. See Hotel & Motel Ass’n of Oakland v. City of Oakland, 344 F.3d 959, 972 (9th Cir.2003) (“Until a majority of the Supreme Court directs otherwise, a party challenging the validity of an ordinance on vagueness grounds outside the domain of the First Amendment must demonstrate that ‘the enactment is impermissibly vague in all of its applications.’ ”) (quoting Hoffman Estates, 455 U.S. at 495, 102 S.Ct. 1186). Applying the Salerno/Hoffman Estates standard, Section 29-28(b) clearly survives Goldberg’s facial void for vagueness challenge. There are innumerable factual circumstances in which invocation of the suitability standard to revoke a person’s pistol permit on the basis that he poses a danger to the public, even though he does not fall within one of the express statutory grounds for revocation, would be constitutionally valid. For instance, it could not possibly be unconstitutional for the state to revoke a person’s pistol permit after he develops incurable dementia, is diagnosed with paranoid schizophrenia and makes threats to harm others, repeatedly shoots himself, or has an alcohol or drug addiction and repeatedly engages in reckless activity with his firearm while intoxicated. As the Second Circuit has acknowledged, the standard applied in Morales is not binding because it was not endorsed by a majority of the Supreme Court. Rybicki, 354 F.3d at 131. The Parties have not cited and this Court has not found any decision that has applied the Morales plurality’s standard in the context of a facial vagueness challenge under the Second Amendment. In the absence of express guidance from the Supreme Court and the Second Circuit’s pronouncement in Rybicki, this Court concludes that the Morales plurality’s approach is not applicable to the present circumstances. Were the Morales plurality’s approach applicable however, the statute would not be vague because the statute’s enumerated basis for denial of a permit in light of the fundamental principle of statutory construction “ejusdem generis” circumscribes the discretion of DPS and the Board and gives citizens adequate notice of who is and who is not eligible to receive a gun permit. In Morales, the plurality focused on the fact that the ordinance was vague “not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all.” 527 U.S. at 61, 119 S.Ct. 1849 (internal quotation marks and citation omitted). Here, since the Connecticut statute provides enumerated categories which qualify and limit the discretionary category regarding suitability it does provide an “imprecise but comprehensible normative standard” unlike the standard at issue in Morales. In addition, the Morales plurality also suggested that the statute was unconstitutional because it gave too much discretion to a police officer to determine what conduct constituted loitering and thereby encouraged arbitrary and discriminatory enforcement. 527 U.S. at 71, 119 S.Ct. 1849 (“The ordinance is unconstitutional, not because a policeman applied this discretion wisely or poorly in a particular case, but rather because the policeman enjoys too much discretion in every case.”) (emphasis in the original). As discussed above, the principle of “ejusdem generis” places limits on the discretion of DPS and the Board in the permit process and therefore protects against the potential for the arbitrary and discriminatory enforcement that was found in Morales. Moreover, in Rybicki the Second Circuit suggested that the Morales standard might apply only in the limited circumstances where the “law is ‘permeated’ with vagueness, and, perhaps, that it infringes on a constitutional right and has no mens rea requirement!!]” Rybicki, 354 F.3d at 131. (citation omitted). The statute at issue in this case is not a criminal statute without a mens rea requirement, like the anti-loitering statute at issue in Morales. The Second Circuit has observed that “[l]aws with civil consequences receive less exacting vagueness scrutiny.” Arriaga v. Mukasey, 521 F.3d 219, 223 (2d Cir.2008); see also Village of Hoffman, 455 U.S. at 498-99, 102 S.Ct. 1186 (expressing “greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe”). While the statute at issue implicates a constitutional right, the Court does not believe the consequence complained of, namely revocation of a permit to carry a weapon outside of the home, is as severe as the deprivation of liberty occasioned by an arrest and incarceration. Furthermore, the Court does not find Section 29-28(b) to be “permeated” with vagueness. The term “suitable” has a clear definition under Connecticut law. It has long been established that a person is not “suitable” to carry a firearm if he lacks “the essential character or temperament necessary to be entrusted with a [lethal] weapon,” Dwyer, 193 Conn. at 12, 475 A.2d 257, and thus is potentially dangerous to the public. Therefore, Plaintiffs’ facial vagueness challenge fails. B. A.s Applied Challenge In order to survive an as applied vagueness challenge under the Due Process Clause, a law must be “crafted with sufficient clarity to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited and to provide explicit standards for those who apply [it].” Perez v. Hoblock, 368 F.3d 166, 174-75 (2d Cir.2004) (citations and internal quotation marks omitted). “The first way that a law may be unconstitutionally vague as applied to the conduct of certain individuals is ‘if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits.’ ” VIP of Berlin LLC v. Town of Berlin, 593 F.3d 179, 186-87 (2d Cir.2010) (quoting Hill v. Colorado, 530 U.S. 703, 732, 120 S.Ct. 2480, 147 L.Ed.2d 597 (2000)). The relevant inquiry is “whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Id. “Even if a person of ordinary intelligence has notice of what a statute prohibits, the statute nonetheless may be unconstitutionally vague ‘if it authorizes or even encourages arbitrary and discriminatory enforcement.’ ” Dickerson, 604 F.3d at 747 (quoting Hill, 530 U.S. at 747, 120 S.Ct. 2480). Nevertheless, a law need not “achieve meticulous specificity, which would come at the cost of flexibility and reasonable breadth.” Id. (citation and internal quotation marks omitted). “Moreover, a statute that provides what may be unconstitutionally broad discretion if subjected to a facial challenge may still be upheld as constitutional on an as-applied challenge if the particular enforcement at issue [is] consistent with the core concerns underlying the [statute] such that the enforcement did not represent an abuse of discretion under the statute.” Id. (citation and internal quotation marks omitted); see also VIP of Berlin, 593 F.3d at 191 (“[A] court may determine that a statute provides adequate guidance if either: (1) the statute as a general matter provides sufficiently clear standards to eliminate the risk of arbitrary enforcement; or (2) even in the absence of such standards the conduct at issue falls within the core of the statute’s prohibition^]”). Thus, the Court must decide whether Section 29-28(b) as a general matter provides sufficiently clear standards to provide persons of ordinary intelligence notice of what conduct it prohibits and to eliminate the risk of arbitrary enforcement, and if not, whether the conduct at issue in this case falls within the core of the statute’s prohibition. Applying these standards, the Court holds that Goldberg’s as applied vagueness challenge cannot succeed. As previously discussed, Section 29-28(b) enumerates certain categories of individuals who are automatically ineligible to hold a pistol permit. However, the legislature cannot possibly be expected to anticipate in advance every circumstance in which a person could potentially pose a danger to the public if entrusted with a firearm. Thus, the statute requires a discretionary “suitability” determination to be made by DPS before issuing a pistol permit in order to determine whether the applicant possesses the “essential character and temperament necessary to be entrusted with a weapon.” Dwyer, 193 Conn. at 12, 475 A.2d 257. A person of ordinary intelligence would understand what type of conduct could result in the revocation of his pistol permit. Specifically, a person of ordinary intelligence would understand that his permit will be subject to revocation if he develops a condition or engages in conduct which indicates that he may pose a danger to the public if he is allowed to carry a firearm in public. In addition, the statute provides sufficient guidance to DPS in the circumstances of this case to eliminate the risk of arbitrary enforcement in its enumerated qualifications. The nature of the state interest at issue requires that DPS have the flexibility to determine on a case-by-case basis whether a particular applicant would pose a danger to the public if entrusted with a firearm. The factors which would make a person unsuitable are many and evanescent. However, the Board’s discretion is adequately circumscribed by the enumerated factors for determination of an applicant’s qualifications. Further, the statute has built-in procedural mechanisms to ensure that pistol permits are not revoked absent just cause. A person aggrieved by the denial or revocation of a permit may appeal the denial to the Board, which must conduct a de novo review and determine based upon all of the facts whether the denial or revocation was supported by just and proper cause. The Board’s decision may be appealed to Connecticut