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April 9, 2015 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, April 9, 2015, 10am at the

Wethersfield Police Dept., Wethersfield, CT 06109

Call to Order

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

Chairman Blando read the Introductory Statement and called the roll. Six appellants were present and one failed to appear. The State Issuing Authority and five local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., James A. Greer, Esq., Ms. Gudrun Johnson, Mr. M. Peter Kuck and Col. Kyle Overturf.

Board Members Absent: Secretary Craig C. Fishbein and Chief Carl Rosensweig

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

Hearings:

Nine cases were heard in the following order:

1) Case No. 14-343-R, involving the revocation of his 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, Department of Emergency Services and Public Protection.

Agreement: The appellant agreed to withdraw his appeal. Sgt. D’Alessandro representing the State Issuing Authority, agreed to issue the permit after the appellant has completed a NRA Gun Safety Class and on the condition of his current suitability, he hasn’t committed any offence that violates the criminal law and doesn’t have any statutory disqualifying events, at that time.

2) Case No. 14-316-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Russo represented the local Issuing Authority, Chief Alan D. Baker, Danbury Police Department. 

Withdrawal: The appellant withdrew his appeal.

3) Case No. 14-277-R, involving the revocation of his State pistol permit to carry pistols and revolvers. Atty. John T. Walkley represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal. 

4) Case No. 14-145-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Atty. Ralph D. Sherman represented the appellant. Det. R. Spellman represented the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department. 

Motion: Board Member Kuck made a motion to rule in favor of the appellant and for a temporary pistol permit to be issued. Board Member Overturf seconded the motion, motion carried by a majority. Board Member Greer voted for the Issuing Authority. Board members Blando, Johnson, Kuck and Overturf voted for the appellant.

5) Case No. 14-337-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with one witness. Lt. Heather Desmond represented the local Issuing Authority, Chief William McKenna, Middletown Police Department with two witnesses. 

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief William McKenna, Middletown Police Department, and ordered a temporary pistol permit to be issued. 

6) Case No. 14-260-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Two officers were present to represent the local Issuing Authority, Chief Sean Cox, East Hampton Police Department.

Motion: Board Member Overturf made a motion in favor of the Issuing Authority, Chief Sean Cox, East Hampton Police Department, due to the appellant’s failure to appear. Board Member Kuck seconded the motion, motion carried unanimously.

7) Case No. 14-241-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Atty. Ralph D. Sherman represented the appellant. Lt. Arthur Weisgerber represented the local Issuing Authority, Chief Thomas Kulhawik, Norwalk Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Thomas Kulhawik, Norwalk Police Department, the denial of a temporary pistol permit. Board Member Kuck voted for the appellant. Board members Blando, Greer, Johnson, and Overturf voted for the local Issuing Authority.

Secretary’s Report:

Board member Greer made a motion to accept the March 26, 2015 minutes as written, Johnson seconded the motion, motion carried.

New Business:

Adjournment: Kuck made a motion to adjourn, Greer seconded the motion, motion carried. Meeting adjourned at 1:15pm.