DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, August 13, 2015, 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 Blando read the Introductory Statement and called the roll call. Eight appellants were present. The State Issuing Authority was present and three local Issuing Authorities were present. One local Issuing Authority failed to appear.

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

Board Members Absent: Dr. Charles Dike.

Chairman Blando administered the oath to all witnesses.

Hearings:

1) Case No. 14-318-R, involving the revocation of his pistol permit to carry pistols and revolvers. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal by phone on the morning of the hearing.

2) Case No. 14-320-SD, involving the denial of a State pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Alex Giannone 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 the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, the denial of a State pistol permit.

3) Case No. 14-421-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Alex Giannone 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 reinstatement of the State pistol permit.  Board Member Blando voted for the State Issuing Authority, at this time. Board Members Fishbein, Greer, Johnson, Kuck, Overturf and Rosensweig voted for the appellant.

4) Case No. 14-440-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with one witness.

Motion: Board Member Fishbein made a motion to find for the appellant, the motion was seconded by Board Member Johnson, motion carried 5-2. Board Members Greer and Rosensweig voted against the motion. Board Members Blando, Fishbein, Johnson, Kuck and Overturf voted in favor of the motion.

5) Case No.  14-495-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Richard Brown appeared for the local Issuing Authority, Interim Chief Anthony Riello, Suffield Police Department.

Agreement: The appellant agreed to withdraw his appeal and the local Issuing Authority, Interim Chief Anthony Riello, Suffield Police Department, will issue the permit within 2 weeks.

6) Case No. 14-429-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Sgt. Antonio Guanata appeared for the local Issuing Authority, Chief Gary MacNamara, Fairfield Police Department.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, Chief Gary MacNamara, Fairfield Police Department and ordered the temporary pistol permit to be issued.  Board Members Greer, Kuck and Overturf voted for the local Issuing Authority, at this time. Board Members Blando, Fishbein, Johnson and Rosensweig voted for the appellant.

7) Case No. 14-499-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Dexter Herron appeared for the local Issuing Authority, Chief Michael Crowley, Groton Town Police Department.

Motion: Board Member Fishbein made a motion in favor of the appellant. In accordance with C.G.S. 29-32b(c) the failure, absent good cause shown, or refusal of the issuing authority to furnish such written statement, or to supply the appellant with an application, at least ten days prior to the hearing shall be cause for the board to grant the relief sought, forthwith and without further hearing. The local Issuing Authority failed to provide a copy of the Issuing Authority Questionnaire to the appellant. Board Member Kuck seconded the motion, motion carried unanimously.

8) Case No. 14-500-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Glen Conway represented the appellant. A representative for the local Issuing Authority, Chief Dean Esserman, New Haven Police Department, failed to appear.

Motion: Board Member Fishbein made a motion to find for the appellant, by default, due to a representative of the local Issuing Authority, Chief Dean Esserman, New Haven Police Department, failed to appear. Kuck seconded the motion, motion carried unanimously.

Secretary’s Report:

Board Secretary Fishbein called for a motion to accept the July 23, 2015 minutes as written, Kuck seconded the motion, motion carried. Board Member Overturf abstained.

Adjournment: Fishbein made a motion to adjourn, Kuck seconded the motion, motion carried.