MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, June 12, 2014, 10am

Wethersfield, CT 06016

Call to Order

Chairman Blando called the meeting to order at 10AM.

Chairman Blando read the Introductory Statement.

Chairman Blando called the roll call. 8 appellants were present.

The State Issuing Authority and 1 local Issuing Authority were present.

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 administered the oath to all witnesses.

Hearings:

1) Case No. 13-628-D , involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.   Officer DeStefano represented the local Issuing Authority, Chief Keith Mello, Milford Police Department .   

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Keith Mello, Milford Police Department , the denial of a temporary pistol permit, at this time. Blando, Fishbein, and Kuck voted for the appellant.   Bernstein, Greer, Johnson, Overturf and Rosensweig voted in favor of the local Issuing Authority’s decision.

2) Case No. 13-471-LR, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer DeStefano appeared for the local Issuing Authority, Chief Keith Mello, Milford Police Department.

Continued: Fishbein made a motion to continue the case to July 24, 2014, Rosensweig seconded the motion, motion carried by a majority, 7-1.

3) Case No. 14-026-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.   The local Issuing Authority, Chief James J. Heavey, Greenwich Police Department, or his representative failed to appear.

Motion: Fishbein made a motion to find for the appellant, by default, due to a representative from the local Issuing Authority, Greenwich Police Department, failure to appear. Kuck seconded the motion, motion carried.

4) Case No . 13-433-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, Dept. of Emergency Services and Public Protection .

Withdrew: The appellant withdrew his appeal.

5) Case No. 13-473-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, Dept. 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 appellant’s State pistol permit to be reinstated. Greer and Rosensweig voted for the State Issuing Authority. Bernstein, Blando, Fishbein, Johnson, Kuck and Overturf voted for the appellant.

6) Case No . 13-431-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Keith Anthony represents the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection .

Withdrew: The appellant’s attorney, Keith Anthony Esq., contacted the Board staff by email on June 11, 2014, to inform the Board that his client had decided to withdraw the appeal.

7) Case No. 13-432-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Glenn M. Conway represented the appellant with one witness. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. 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 Dora B. Schriro , Department of Emergency Services and Public Protection, the revocation of his State pistol permit, at this time.

8) Case No. 13-488-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, Dept. of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, 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 appellant’s State pistol permit be reinstated.

9) Case No. 14-259-SD, involving the denial of a State 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, Dept. of Emergency Services and Public Protection with one witness.

Withdrew: The appellant withdrew his appeal.

Secretary’s Report:

1. Fishbein made a motion to approve the May 22, 2014 minutes, made the motion, Greer seconded the motion, motion carried. Blando and Kuck abstained.  

New Business:  

Secretary Fishbein read a statistics report on the cases heard in fiscal year 2014. Secretary Fishbein reported that he and Col. Overturf had discussed reducing the present wait time for an administrative hearing and suggested scheduling “constructive denials” 6 months after receipt of the appeal. Fishbein made a motion to schedule 15 cases to each meeting agenda, Blando seconded the motion. The Board also discussed adding an additional meeting to the 2014 schedule.   Staff will pull “denials only” for review by Board Members Fishbein and Overturf to schedule a “denial only’ day possibly in September.   Blando withdrew his seconded the motion to increase the agenda to 15 cases and Fishbein withdrew his motion. The Board also discussed adding one more case per meeting in addition to adding “denial only” days. 60 dormancy cases were dismissed for failure to pursue their appeal.

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