MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, December 12, 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 12:05pm.

Acting Chairman Fishbein read the Introductory Statement.

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 arrived at 12:55pm

Roll call: 6 appellants were present, the State Issuing Authority was present, 2 local Issuing Authorities were present and 1 local Issuing Authority failed to appear.

Acting Chairman Fishbein administered the oath to all witnesses.

Hearings:

1) Case No. 13-602-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative appeared for the local Issuing Authority, First Selectman Lisa Pellegrini, Town of Somers.

Withdrawal: The appellant withdrew the appeal.

2) Case No. 13-340-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 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 pistol permit, at this time.

3) Case No. 13-341-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 majority, the Board voted 5-3 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 pistol permit. Blando, Fishbein and Kuck voted for the appellant. Bernstein, Greer, Johnson, Overturf and Rosensweig voted for the Issuing Authority.

4) Case No. 13-300-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Erin M. Field 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 5-3 to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Greer, Johnson, and Rosensweig voted for the State Issuing Authority. Bernstein, Blando, Fishbein, Kuck and Overturf voted for the appellant and ordered for the State permit to be reinstated. 

5) Case No. 13-382-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  A representative for the local Issuing Authority, Chief Louis Fusaro, Norwich Police Department failed to appear.

Motion: Acting Chairman Fishbein made a motion to find for the appellant, by default, due to a representative from the local Issuing Authority failing to appear. Overturf seconded the motion, motion carried. The Board ordered a temporary pistol permit to be issued.

6) Case No. 13-464-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Lt. Brian Herwerth represented the local Issuing Authority, Chief David Caron, Glastonbury Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief David Caron, Glastonbury Police Department, the denial of a pistol permit, at this time.

Secretary’s Report: 

1) Fishbein asked for a motion to approve the November 14, 2013 minutes. Overturf made a motion to approve the minutes, Greer seconded the motion, motion carried.

2) Fishbein asked for a motion to approve the November 15, 2013 minutes. Overturf made a motion to approve the minutes, Greer seconded the motion, motion carried.

3) FOI workshop date: the Board members agreed to meet on January 23, 2014 in Wethersfield at 2pm.

4) February meeting date: Overturf made a motion to change the meeting date scheduled for Thursday, February 13, 2014 to Friday, February 28, 2014 in Wethersfield. Kuck seconded the motion, motion carried.

Adjournment: Fishbein made a motion to adjourn, Overturf seconded the motion, motion carried. 6:45pm.