MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, December 11, 2014, 10am at the

Wethersfield Police Dept., Wethersfield, CT 06109

Call to Order

Chairman Frank P. Blando, called the meeting to order at 10:00am.

Chairman Frank P. Blando, read the Introductory Statement and called the roll call. Ten appellants were present and two failed to appear. The State Issuing Authority was present and five local Issuing Authorities were present.

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

Board Members Absent: Ms. Gudrun Johnson

Chairman Frank P. Blando administered the oath to all witnesses.

Hearings:

1) Case No. 14-252-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 Dora B. Schriro, Department of Emergency Services and Public Protection.

Motion: Board member Fishbein made a motion to accept the stipulated agreement between the appellant and the issuing authority to reinstate the pistol permit upon completion of the NRA safety class. Board member Kuck seconded the motion, motion carried unanimously.

2) Case No. 14-002-D, , involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. David Emerman represented the local Issuing Authority, Chief Brent Larrabee, East Haven Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Brent Larrabee, East Haven Police Department, the denial of a temporary pistol permit. Board members Blando and Kuck voted for the appellant. Board members Bernstein, Fishbein, Greer, Overturf and Rosensweig voted for the local Issuing Authority, at this time.

3) Case No. 14-388-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative appeared for the local Issuing Authority, Chief Jonathan Fontneau, Stamford Police Department.

Motion: Board member Fishbein made a motion to find in favor of the local Issuing Authority, Chief Jonathan Fontneau, Stamford Police Department, due to the appellant’s failure to appear. Board member Kuck seconded the motion, motion carried unanimously.

4) Case No. 14-236-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro appeared for the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Motion: Board member Fishbein made a motion to find in favor of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, due to the appellant’s failure to appear.  Board member Kuck seconded the motion, motion carried unanimously.

5) Case No. 13-558-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 Dora B. Schriro, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, and ordered the pistol permit be reinstated. Board member Rosensweig voted for the State Issuing Authority. Board members Bernstein, Blando, Fishbein, Greer, Kuck and Overturf voted for the appellant.

6) Case No. 14-179-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 Maurice Blanchette, Town of Ellington.

Motion: Board member Fishbein made a motion to continue the case, as agreed to by both the appellant and the local Issuing Authority, to the Board meeting on May 14, 2015. Board member Kuck seconded the agreement, motion carried unanimously.

7) Case No. 14-098-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Mike Gagner appeared for the local Issuing Authority, Chief Gary MacNamara, Fairfield Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Gary MacNamara, Fairfield Police Department, the denial of the appellants pistol permit, at this time.

8) Case No. 14-443-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Al Russo appeared for the local Issuing Authority, Chief Alan Baker, Danbury Police Department.

Motion: Board member Fishbein made a motion to accept the agreement between the appellant and the local Issuing Authority, Chief Alan Baker, Danbury Police Department, the appellant agreed to withdraw the appeal and complete a new application and within one week the local Issuing Authority will issue the permit. Board member Kuck seconded the motion, motion carried unanimously.

9) Case No.14-220-SD, involving the State denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with three witnesses.

Decision: By a unanimous decision, the Board voted to uphold the decision of State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, the State denial of the appellant’s pistol permit, at this time.

10) Case No. 14-019-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 Dora B. Schriro, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, and ordered the pistol permit be reinstated. Board members Bernstein and Overturf voted for the State Issuing Authority, at this time. Board members Blando, Fishbein, Greer, Kuck and Rosensweig voted for the appellant.

11) Case No. 14-035-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Anthony Yorio, Jr. represented the appellant with one witness. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, with one witness.

Decision: By a majority, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, and ordered the pistol permit be reinstated. Board members Overturf and Rosensweig voted for the State Issuing Authority, at this time. Board members Bernstein, Blando, Fishbein, Greer and Kuck voted for the appellant.

12) Case No. 14-165-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 Dora B. Schriro, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, the revocation of the appellant’s pistol permit, at this time.

Secretary’s Report:

Board Secretary Fishbein made a motion to accept the November 13, 2014 minutes as written, Board member Overturf seconded the motion, motion carried.

Old Business: Board Secretary Fishbein gave an update on a Case No. 14-199-R in Superior Court.

Adjournment: Fishbein made a motion to adjourn, Overturf seconded the motion, motion carried. Meeting adjourned at 8:45pm.