MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, August 8, 2013, 12:00pm at the

Wethersfield Police Department, Wethersfield, CT 06109

Call to Order

Acting Chairman Craig C. Fishbein, Esq. called the meeting to order at 12:00pm.

Board Members Present: Chief T. William Knapp, Ret. (left at 3:20pm*), Attorney Craig Fishbein, Attorney Jay Greer, Mr. M. Peter Kuck, Mr. Kenneth Tramadeo and Col. Kyle Overturf.

Board Members Absent: Chairman Joseph T. Corradino, Esq.

Executive Session:

Knapp made a motion to go into Executive Session to discuss pending litigation regarding Daniel Kopp vs. Wilton Police Department, Case No. 13-463-D.  Kuck seconded the motion, motion carried unanimously.

Return to Open Meeting:

Knapp made a motion to come out of Executive Session, Greer seconded the motion, motion carried unanimously. 

Knapp made a motion to direct Susan, the Board’s Office Manager, to act in accordance the Board’s discussions in Executive  Session with regard to requesting a Writ of Mandamus on Aug. 13, 2013, for Mr. Daniel Kopp, Case No. 13-463-D if Wilton Police Department hasn’t issued his temporary pistol permit.  Fishbein seconded the motion, motion carried unanimously.

Call to order continued: Chairman Fishbein called the roll call, 10 appellants were present. The State Issuing Authority was present and 1 local Issuing Authority was present.

Chairman Fishbein administered the oath to all witnesses and read the Introductory Statement.

Secretary’s Report:

1)Secretary Knapp discussed a request to open a case that was scheduled for a hearing on June 12, 2013. The appellant had requested a delay due to military deployment and proof was provided to the Board through an email. The email went unnoticed and so at the June 12^th hearing, the Board had voted for the Issuing Authority by default, for the appellant’s failure to appear. The Board has retrieved all the documents necessary to prove the appellant was unavailable due to deployment with orders from his commanding officer.  Knapp made a motion to reopen Case No. 13-061-R, Robert Wasilewski, Kuck seconded the motion, motion carried.

2)Knapp made a motion to approve the July 25, 2013 minutes, Kuck seconded the motion, motion carried.

Hearings:

Knapp made a motion to move Case No. 13-255-SD, John L. Battaglia, from number 8 to number 3 on the agenda. Tramadeo seconded the motion, motion carried.**

1) Case No. 13-398-R, Kevin M. Ouellette, 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.

Decision: By a unanimous decision, the Board voted to uphold the decision, revocation of Mr. Ouellette’s pistol permit, by the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

2) Case No. 13-206-R, Todd A. Barber, 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.

3) Case No. 13-400-R, Cameron J. Ross, 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.

4)Case No.13-184-R, Jason A. Carlascio , involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Rachel M. Baird 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.

Withdrawal: The appellant withdrew his appeal.

5) Case No. 13-203-R, Lateesha Todd, involving the revocation of her pistol permit to carry pistols and revolvers. Attorney Keith Murray 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 majority, the Board voted to uphold the decision, revocation of Ms. Todd’s pistol permit, by the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Kuck voted for the appellant. Fishbein, Greer, Knapp, Overturf and Tramadeo voted for the State Issuing Authority.

6) Case No. 13-380-R, Salvatore A. Schaivone, 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, revocation of Mr. Schaivone’s pistol permit, by the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, at this time.

*Chief Knapp left at 3:40pm

7) Case No. 13-381-D, Arthur A. Guertin, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Hanan represented the local Issuing Authority, Chief Shawn Boyne, New Milford Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief Shawn Boyne, New Milford Police Department and for Mr. Guertin to be issued a temporary pistol permit.

**8) Case No. 13-255-SD, John L. Battaglia, involving the State denial of a non-resident pistol permit to carry pistols and revolvers. Attorney Victor N. Placente, Esq. represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: The appellant withdrew his appeal and the appellant agreed to come back and reapply for a new permit. Mr. Battaglia agreed to provide a new complete and accurate application; the associated fees and once the application is reviewed, the State Issuing Authority will issue a permit.

9) Case No. 13-176-R, Timothy M. Larson, 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, revocation of Mr. Larson’s pistol permit, by the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, at this time.

10) Case No. 13-370-R, Leland Jones, 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, revocation of Mr. Jones’s pistol permit, by the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

New Business:

Election of Board Secretary: Tramadeo nominated T. William Knapp to continue to serve as the Board’s Secretary, Overturf seconded the motion, motion passed unanimously. Knapp will serve as Board Secretary for a term of two years.

Adjournment: Tramadeo made a motion to adjourn, Kuck seconded the motion, motion carried. Meeting adjourned at 5:35pm.