MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Friday, January 24, 2014

Wethersfield Police Dept., Wethersfield, CT 06109

Call to Order

Chairman Blando called the meeting to order at 12:15pm.

Chairman Blando called the roll call. 7 appellants were present.

The State Issuing Authority was present and 3 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., Ms. Gudrun Johnson, Mr. M. Peter Kuck , Col. Kyle Overturf and Chief Carl Rosensweig.

Chairman Blando administered the oath to all witnesses.

1) Case No. 13-627-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 was represented by Chief Michael Metzler, Seymour Police Department.

Motion: Kuck made a motion in favor of the appellant in accordance with C.G.S. 29-32b, due to the local Issuing Authority, Chief Metzler’s, Seymour Police Department, failure to provide a statement in writing to the appellant, setting forth the reasons for the denial, at least 10 days prior to the hearing.  Fishbein seconded the motion, motion failed 5 to 3.

Motion: Greer made a motion for the local Issuing Authority, Chief Metzler, Seymour Police Department, to provide the cause for the denial within 2 weeks to the appellant and for the case to be continued to the next hearing on Feb. 28, 2014. Kuck seconded the motion, motion carried unanimously.

2) Case No. 13-638-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Todd O’Connell represented the local issuing authority Chief Murray Pendleton, Waterford Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief Murray Pendleton, Waterford Police Department, and ordered a temporary pistol permit to be issued to the appellant.  

3) Case No. 13-310-R, involving the revocation of his pistol permit to carry pistols and revolvers.  Attorney Jeremy Donnelly represented the appellant. Attorney Christine Plourde represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses.

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, and ordered the reinstatement of the appellant’s pistol permit.  Greer, Johnson and Rosensweig voted for the State Issuing Authority. Bernstein, Blando, Fishbein, Kuck and Overturf voted for the appellant.

4) Case No. 13-274-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Christine Plourde represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement:  The appellant agreed to withdraw his appeal and the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection agreed to reinstate the appellant’s State pistol permit within 2 days of hearing.

5) Case No. 13-378-R, involving the revocation of his pistol permit to carry pistols and revolvers.  Attorney Rachel M Baird represented the appellant.  Attorney Christine Plourde represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with 3 witnesses.

Decision: By a majority, the Board voted 4-3, to uphold the decision of the State Issuing Authority, Commissioner Rueben F. Bradford, Department of Emergency Services and Public Protection, the revocation of the appellant’s pistol permit.  Kuck recused himself.  Bernstein, Blando and Fishbein voted for the appellant. Greer, Johnson, Overturf and Rosensweig voted for the State Issuing Authority.

6) Case No. 13-336-R, involving the revocation of his pistol permit to carry pistols and revolvers.  Attorney Carmine Giuliano represented the appellant.  Attorney Christine Plourde 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 Rueben F. Bradford, Department of Emergency Services and Public Protection, the revocation of the appellant’s pistol permit.  Overturf recused himself.  Greer and Kuck were absent.

7) Case No. 13-641-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Lt. Lawrence Ash represented the local issuing authority Chief Shawn Boyne, New Milford Police Department.

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

Secretary’s Report:

1) Fishbein made a motion to approve the January 9, 2014 minutes. Johnson seconded the motion, motion carried.

Adjournment: Overturf made a motion to adjourn, Bernstein seconded the motion, motion carried. 8:55pm.