MINUTES

 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, January 9, 2014

Wethersfield Police Dept., Wethersfield, CT 06109

Call to Order: Chairman Blando called the meeting to order at 10:00am and read the Introductory Statement.

Roll call: 7 appellants were present and 1 appellant withdrew previous to the hearing. The State Issuing Authority and the local Issuing Authority representatives were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq.,  Dr. S. David Bernstein, James A. Greer, Esq., Ms. Gudrun Johnson, Mr. M. Peter Kuck , Col. Kyle Overturf and Chief Carl Rosensweig.

Chairman Blando administered the oath to all witnesses.

1) Case No. 12-466-R,  involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal.

2) Case No. 13-326-R,  involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Mitchell Lake represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal prior to the hearing.

3) Case No. 14-309-SD, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Frank P. Cannatelli represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Motion: Secretary Fishbein made a motion the case was not appealed in a timely manner in accordance with Connecticut State Statute 29-32b and therefore the Board dismisses the appeal. Kuck seconded the motion, motion carried unanimously.

4) Case No. 13-256-R,  involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a tie vote, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Bernstein, Johnson, Overturf and Rosensweig voted for the State Issuing Authority. Blando, Fishbein, Greer and Kuck voted for the appellant. A State Pistol Permit is to be issued.

5) Case No. 13-155-R,  involving the revocation of his pistol permit to carry pistols and revolvers. Attorney John Barbieri represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, and the reinstatement of his State Pistol Permit. 

6) Case No. 13-385-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney John Barbieri represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal.

7) Case No. 13-530-D,  involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. James Dimmock represented the local Issuing Authority, Chief Murray Pendleton, Waterford Police Department.

Motion: Secretary Fishbein made a motion for the appellant, Kuck seconded the motion, motion carried. A temporary pistol permit is to be issued.

8) Case No. 13-468-D,  involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Detective Edward DeLaura represented the local Issuing Authority, Chief Murray Pendleton, Waterford Police Department.

Withdrawal: The appellant withdrew his appeal.

Executive Session: Secretary Fishbein made a motion to go into Executive Session to discuss the possibility of a Writ of Mandamus, Greer seconded the motion, motion carried. After the session, Fishbein voted to come out of Executive Session, Greer seconded the motion, motion carried. Chairman Blando asked for a motion to instruct the Office Manager to 1) call the local Issuing Authority to see if they received the decision letter 2) fax the decision letter if it was not received 3) call the local Issuing Authority to confirm the fax was received 4) Call the appellant's attorney to have his client pick up the temporary pistol permit. If the local Issuing Authority decided not to issue the temporary pistol permit, the Office Manager was instructed to contact the Board’s Assistant Attorney General to request a Writ of Mandamus. The Board voted unanimously in favor of the motion. 

Secretary’s Report: 

1) Secretary Fishbein asked for a motion to approve the December 12, 2013 minutes. Kuck made a motion to approve the minutes, Greer seconded the motion, motion carried.

Adjournment: Chairman Blando made a motion to adjourn, Overturf seconded the motion, motion carried. 2:45pm.