MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Friday, March 1, 2013, 12:00pm at the

Wethersfield Police Department, Wethersfield, CT

Call to Order

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

Chairman Fishbein read the Introductory Statement

Chairman Fishbein called the roll call.  13 appellants were present and 1 appellant was absent.

Twelve local Issuing Authorities were present.

Board Members Present: Chief T. William Knapp, (Ret.), Craig C. Fishbein, Esq., Jay Greer,   Esq., Mr. M. Peter Kuck, Mr. Kenneth Tramadeo and Col. Kyle Overturf.

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

Hearings:

1) Case No. 13-104-D, Benedetto Izzo, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Remington represented the local Issuing Authority, Chief Thomas McLoughlin, North Haven Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Thomas McLoughlin, North Haven Police Department. Fishbein voted for the appellant. Greer, Knapp, Kuck, Overturf and Tramadeo voted for the local Issuing Authority at this time.

2) Case No. 13-048-D, Mark E. Mars, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Samsel represented the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority Chief Paul Hammick, Bloomfield Police Department, and to issue a temporary pistol permit to the appellant, Mr. Mars.

3) Case No. 13-087-D, Stephen J. Martin, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Dethlefsen represented of the local Issuing Authority Chief Michael Gugliotti, Waterbury Police Department.

Motion: Overturf made a motion to recess, Kuck seconded the motion, motion carried.

Motion: Overturf made a motion to delay the case until April 11, 2013, Kuck seconded the motion, motion carried.

4) Case No. 13-021-D, Jean Volcy, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative appeared on behalf of the local Issuing Authority, Chief Patrick Ridenhour, Stratford Police Department.

Motion: Knapp made a motion to uphold the decision of the local Issuing Authority, Chief Ridenhour, due the appellant not properly filing his appeal within 90 days of his denial. Greer seconded the motion, motion carried.

5) Case No. 13-160-D, Joseph A. Schachter, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Martinez and Det. Occhiatini appeared on behalf of the local Issuing Authority, Lt. Leonard Bunnell, Montville Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Lt. Bunnell, Montville Police Department. Kuck voted for the appellant. Fishbein, Greer, Knapp, Overturf and Tramadeo voted for the local Issuing Authority, at this time.

6) Case No. 13-074-D, Ryan A. Ciresi, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. The local Issuing Authority, Chief Edward Stephens, from Wolcott Police Department, also appeared.

Agreement: Chief Edwards agreed to issue a temporary permit to Mr. Ciresi. Mr. Ciresi withdrew his appeal.

7) Case No. 12-094-D, Alexander Enwonwu, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Varoe appeared for the the local Issuing Authority, Chief Michael Crowley, Groton Town Police Department.

Withdrawal: Mr. Enwonwu withdrew his appeal and will apply in the town in which he resides.

8) Case No. 13-109-D, Joseph F. Zyra, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Hall represented the local Issuing Authority, Chief Carl Sferrazza, Enfield Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority Chief Carl Sferrazza, Enfield Police Department, and voted for Mr. Zyra to receive his temporary pistol permit.

9) Case No. 13-085-D, David L. Mason, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Hall represented the local Issuing Authority, Chief Carl Sferrazza, Enfield Police Department.

Motion: Tramadeo made a motion to decide in favor of the appellant, Mr. Mason, by default, due to the local Issuing Authority’s failure to provide the written statement as to why the appellant was denied, at least 10 days prior to the hearing in accordance with C.G.S. 29-32b(c). Kuck seconded the motion, motion carried.

10) Case No. 13-096-D, Juan Rolon, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative from the local Issuing Authority appeared on behalf of Chief Margaret Ackley, New London Police Department.

Withdrawal: The appellant, Mr. Rolon, withdrew his appeal.

11) Case No. 13-105-D, Vincent Volpe, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative from the local Issuing Authority appeared on behalf of Chief Margaret Ackley, New London Police Department.

Withdrawal: The appellant withdrew his appeal.

12) Case No.12-390-D, Edward J. Schrak, III, involving the denial of a pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Lt. Ash represented the appellant, Chief Shawn Boyne, New Milford Police Department.

Motion: Tramadeo made a motion to decide in favor of the appellant, Mr. Mason, by default, due to the local Issuing Authority’s failure to provide the written statement as to why the appellant was denied, at least 10 days prior to the hearing in accordance with C.G.S. 29-32b(c). Kuck seconded the motion, motion carried.

13) Case No. 13-163-D, Brendan M. Browne, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative from the local Issuing Authority, Chief Richard Guisti, Sr., Middlebury Police Department, failed to appear.

Motion: Fishbein made a motion in favor of the appellant, by default, due to the local Issuing Authority’s failure to appear. Knapp seconded the motion, motion carried.

14) Case No. 13-186-D, Aaron Canfield, involving the denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative from the local Issuing Authority, First Selectman Hamel, Town of Bethlehem failed to appear.

The Board was informed by Mazzoccoli, Office Manager, the Bethlehem Selectman’s office had called the Board’s office and said they had a permit waiting for Mr. Canfield but were unable to reach him. Mazzoccoli followed up and was also unsuccessful in reaching the appellant.

Decision: By a unanimous decision, the Board voted for the appellant.

Secretary’s Report:

1) Knapp made a motion to approve the January 10, 2013 minutes, Tramadeo seconded the motion, motion carried.

2) Knapp made a motion to approve the January 24, 2013 minutes, Overturf seconded the motion, motion carried. Tramadeo and Kuck abstained.

3) Knapp made a motion to approve the February 14, 2013 minutes with 2 corrections: the order of T. William Knapp name and Greer was not in attendance at January 24, 2013 meeting. Kuck seconded the motion to accept as corrected, motion carried.

Old Business:

1) Letter to legislature, Knapp made a motion to table the item, Greer seconded the motion, Kuck abstained, motion carried.

2) Request for a declaratory ruling, Knapp made a motion to table the item, Overturf seconded the motion, Kuck opposed the motion, motion carried.

Adjournment: Kuck made a motion to adjourn, Greer seconded the motion, motion carried.