Office of Governmental Accountability Board of Firearms Permit Examiners

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a November 14, 2013 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, November 14, 2013, 12:00pm at the

DESPP, 1111 Country Club Rd., Middletown, CT 06457

Call to Order

Chairman Frank P. Blando, Esq. called the meeting to order at 12:00pm.

Chairman Blando read the Introductory Statement.

Roll roll call: 9 appellants were present, a representative of the Department of Emergency Services and Public Protection was present and 2 local Issuing Authorities were present and 1 local Issuing Authority failed to appear.

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

Board Member Absent: Mr. M. Peter Kuck.

Chairman Blando administered the oath to all witnesses.

Hearings:

Motion: Overturf made a motion to move Case No. 13-010-R, to the first case on the agenda. Fishbein seconded motion, motion carried.

1) Case No. 13-010-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Susan F. Filan represented the appellant. Det. Kenneth Damato represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: The State Issuing Authority and the appellant agreed that the appellant would withdraw his appeal and his permit would be reinstated in 1 year on Nov. 14, 2014, if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.

2) Case No. 13-289-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Patrick G. Lyle, Esq. represented the appellant with one witness. Det. Kenneth Damato 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.

Motion: Fishbein made a motion to move Case 12-072-R, up next on the agenda. Overturf seconded the motion, motion carried.

3) Case No. 12-072-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Kenneth Damato represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: The State Issuing Authority and the appellant agreed that the appellant would withdraw his appeal and his permit would be reinstated in 1 year on Nov. 14, 2014, if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.

4) Case No. 13-342-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. First Selectman Austin I. Tanner or a representative from the Town of Brooklyn failed to appear.

Motion: Fishbein made a motion in favor of the appellant, by default, due to a representative of the local Issuing Authority, Town of Brooklyn, failure to appear.

Motion: Col. Overturf made a motion to move Case No. 13-278-R, up next on the agenda, Fishbein seconded, motion carried.

5) Case No. 13-278-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Det. Kenneth Damato 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.

Motion: Fishbein made a motion to move Case No. 13-426-D, on the agenda next. Greer seconded the motion, motion carried.

6) Case No. 13-426-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief James L. Cetran, Wethersfield Police Department, appeared as local Issuing Authority for the Town of Wethersfield

Decision: By a unanimous decision, the Board voted to uphold the decision of local Issuing Authority, Chief James L. Cetran, Wethersfield Police Department, the denial of a pistol permit, at this time.

Det. Mattson requested Case 13-429-R, be moved up on the agenda because her witness was working the midnight shift. Chairman Blando noted by acclamation the Board was in agreement.

7) Case No. 13-429-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Barbara Mattson 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.

8) Case No. 13-350-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Chief Alan Baker, Danbury Police Department, appeared as local Issuing Authority for the City of Danbury.

Withdrawal: The appellant withdrew her appeal due to a felony conviction.

9) Case No. 13-264-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Stacy Sacharko appeared as local Issuing Authority, Chief Douglas Dortenzio, Wallingford Police Department with one witness.

Withdrawal: The appellant withdrew his appeal and will submit a new application with the correct information required.

Secretary’s Report:

  1. Secretary Fishbein made a motion to approve the minutes of the November 1, 2013 minutes, Greer seconded the motion, motion carried. Overturf abstained.

  2. Fishbein asked the Board for a discussion for consideration of the requests for an expedited hearing for Case 14-193-R and Case 14-174-R. After discussion the request was denied.

Adjournment: Fishbein made a motion to adjourn, Greer seconded the motion, motion carried. 5:14pm.