DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, April 25, 2013, 12:00pm at the

DESPP, 1111 Country Club Rd., Middletown, CT

Call to Order

Chairman Joseph T. Corradino, Esq. called the meeting to order at 12:00pm.

Chairman Corradino called the roll call. 12 appellants were present and 2 appellants failed to appear.

The State Issuing Authority was present and 5 local Issuing Authorities were present.

Board Members Present: Chairman Joseph T. Corradino, (left at 6:30**) Esq., Chief T. William Knapp, (Ret.), Attorney Craig Fishbein, Attorney Jay Greer, Mr. M. Peter Kuck, Mr. Kenneth Tramadeo and Col. Kyle Overturf. (Left at 4:25pm*)

Chairman Joseph T. Corradino administered the oath to all witnesses.

Secretary T. William Knapp made a motion to move #7, 13-141-R, Jack Fernandes to #2 on the agenda. Tramadeo seconded the motion, motion carried.

Hearings:

1)Case No. 13-15-D, Darlene A. Kupinski, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Officer Lawrence Terra represented the local Issuing Authority, Chief Christopher Arciero, Canton Police Department.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, Chief Christopher Arciero, Canton Police Department. Corradino and Greer voted for the local Issuing Authority. Fishbein, Knapp, Kuck, Overturf and Tramadeo voted for the appellant and for Ms. Kupinski to be issued her temporary pistol permit.

2) Case No. 13-128-D, Scott M. Rainey, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. McDermott represented the local Issuing Authority, Mayor John Rodolico, Town of Ledyard.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Mayor John Rodolico, Town of Ledyard, and voted for the appellant, Mr. Rainey, to be issued his pistol permit.

3) Case No. 13-050-D, Alfonso Sanchez, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Kim Nikola represented the local Issuing Authority, Chief Joseph L. Gaudett, Bridgeport Police Department.

Agreement: The appellant agreed to withdraw his appeal and reapply for a new permit with the correct information and the local Issuing Authority agreed to issue a temporary pistol permit in 2 weeks with no additional fees.

4) Case No. 13-075-D, Yolanda S. Singleton, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Officer Edward Rondano appeared for the local Issuing Authority, Chief Robert Nivakoff, Stamford Police Department.

Motion: Tramadeo made a motion in favor of the appellant, Ms. Singleton, and for her to be issued a temporary pistol permit. Knapp seconded the motion, motion carried unanimously.

5) Case No. 13-040b-D, Felicia M. Keramidas, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf with one witness. Det. Occhialini represented the local Issuing Authority, Sgt. Martin Martinez, Montville Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Sgt. Martin Martinez, Montville Police Department, and voted for the appellant, Ms. Keramidas, to be issued a temporary pistol permit.

6) Case No. 13-188-R, Stephen Schafer, 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 unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Schafer’s pistol permit, at this time.

7) Case No. 13-141-R, Jack Fernandes, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Lawrence J. Merly represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: Attorney Merly requested a continuance, the Board members unanimously voted to deny a continuance. The appellant withdrew his appeal.

8) Case No. 13-063-R, Johwon Brown, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Glenn M. Conway appeared on behalf of his client Mr. Brown. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Continued: It was ordered to continue the case until June 13, 2013 and that Attorney Conway and Sgt. D’Alessandro submit a memorandum addressing the current issue and 18 USC922 (G)(3) by June 1, 2013.

9) Case No. 13-091-R, Jared Levin, 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 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 voted for the appellant, Mr. Levin, to be reinstated his pistol permit.

10) Case No. 13-055-R, Ernest W. Bailey, 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.

Motion: Corradino motioned: It is the order of the Board to reinstate the pistol permit to Mr. Bailey on or after April 25, 2014 and that reinstatement is on the condition of the current suitability and that he hasn’t committed any offence that violates the criminal law and doesn’t have any statutory disqualifying events and at that time he presents his letter from his treating psychiatrist that declares he is not a danger to himself or others and that psychiatrist feels it safe for Mr. Bailey to carry firearm. Fishbein seconded the motion, motion carried unanimously.

11) Case No. 13-059-R, Dillon T. Herman, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. 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 uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Herman’s pistol permit, by default, for the appellant’s failure to appear.

* Col. Overturf left at 4:25pm

12) Case No. 13-034-R, Jose M. Vargas, 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 majority, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Greer voted for the Issuing Authority. Corradino, Fishbein, Knapp, Kuck and Tramadeo voted for the appellant, Mr. Vargas, to be issued his pistol permit.

** Chairman Corradino left at 6:30pm

13) Case No. 13-108-SD, Timothy Phillips, involving the state denial of a 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.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the state denial of Mr. Phillips pistol permit, at this time.

14) Case No. 13-037-R, Howard R. Kracht, 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 unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of the appellant’s, Mr. Kracht, pistol permit at this time.

Secretary’s Report:

1)     Knapp made a motion to Approve the March 1, 2013 minutes, Tramadeo seconded the motion, motion carried.

2)     Knapp made a motion to Approve the March 14, 2013 minutes, Tramadeo seconded the motion, motion carried.

Old Business:

New Business:

1)     Writ of Mandamus, Case No. 13-089-D, Chief James Rovella, Hartford Police Dept. vs Jose Martinez heard on Feb. 14, 2013. The Board voted unanimously to request the Attorney General’s Office submit a Writ of Mandamus if Mr. Martinez does not receive his temporary pistol permit by April 26, 2013.

Adjournment: Knapp made a motion to adjourn, Tramadeo seconded the motion, motion carried.