MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Friday, November 15, 2013, 12:00pm at the

Wethersfield Police Department, Wethersfield, CT

Call to Order

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

Chairman Blando read the Introductory Statement.

Roll call: 9 appellants were present, 3 appellants failed to appear, 10 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, Mr. M. Peter Kuck , Col. Kyle Overturf and Chief Carl Rosensweig

Board Member Absent: Dr. S. David Bernstein

Chairman Blando administered the oath to all witnesses.

Hearings:

1) Case No. 14-073-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief Thomas Davoren, City of Groton Police Department, appeared as the local Issuing Authority. 

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Davoren, City of Groton Police Department, the denial of a temporary pistol permit to the appellant.

2) Case No. 13-396-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Sgt. Richard Cournoyer Mansfield Resident Trooper represented the local Issuing Authority, First Selectman Elizabeth C. Patterson, Town of Mansfield.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Town of Mansfield. Blando, Fishbein and Kuck voted for the appellant. Greer, Johnson, Overturf and Rosensweig voted to uphold the decision of the local Issuing Authority, the denial of a temporary pistol permit.

3) Case No. 13-496-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Attorney Skelley represented the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department with one witness.

Motion: Fishbein made a motion in favor of the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department, the denial of a temporary pistol permit, by default, due to the appellant failing to appear. Greer seconded the motion, motion carried

4) Case No. 13-697-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative from the Town of Bridgewater failed to appear.

Motion: Fishbein made a motion to go off the case due to both parties failing to appear. Overturf seconded the motion, motion carried.*

*Phone message on following Monday, appellant withdrew because he was issued temporary permit on Nov. 15, 2013.

5) Case No. 13-284-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear.  Lt. Emerman represented the local Issuing Authority, Chief Brent Larrabee, East Haven Police Department.

Motion: Fishbein made a motion to find for local Issuing Authority, Chief Brent Larrabee, East Haven Police Department, by default, the denial of a temporary pistol permit due to the appellant’s failure to appear.

Motion: Fishbein made a motion to go into Executive Session to discuss pending litigation. Overturf seconded the motion, motion carried.

Meeting reconvened

Motion: Overturf made a motion to move the next case, 13-464-D, next on the agenda. Greer seconded the motion, motion carried.

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.  Chief Edward Stephens, Wolcott Police Department, represented the local Issuing Authority.

Withdrawal: The appellant withdrew his appeal and will reapply in January 2014.

7) Case No. 13-478-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Patrick Sweeney represented the local Issuing Authority, First Selectman Maurice Blanchette, Town of Ellington.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, First Selectman Maurice Blanchette, Town of Ellington. Greer and Rosensweig voted for the local Issuing Authority. Blando, Fishbein, Johnson, Kuck and Overturf voted for the appellant to be issued a temporary pistol permit.

8) Case No. 13-542-D, involving the denial of a temporary pistol permit to carry pistols and revolvers.  The appellant appeared on his own behalf. Lt. Mark Samsel represented the local Issuing Authority, Chief Paul Hamick, Bloomfield Police Department.

Agreement: The appellant withdrew his appeal and will reapply after March 14, 2014.

9) Case No. 13-408-D, involving the denial of a temporary pistol permit to carry pistols and revolvers.  The appellant appeared on his own behalf. Attorney Skelley represented the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department, to deny a temporary pistol permit.

10) Case No. 13-369-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Officer Joseph T. DeStefano represented the local Issuing Authority, Chief Keith Mello, Milford Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief Keith Mello, Milford Police Department and voted for the appellant to be issued a temporary pistol permit.

11) Case No. 13-313-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with one witness. Det. Brendon Mulvey represented the local Issuing Authority, Chief Thomas Grimaldo, Bristol Police Department, with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Thomas Grimaldo, Bristol Police Department, to deny a temporary pistol permit.

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