DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, December 10, 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. Seven appellants were present and two failed to appear. One appellant withdrew the day before the hearing. 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., Ms. Gudrun Johnson, Mr. M. Peter Kuck, Col. Kyle Overturf and Chief Carl Rosensweig.

Board Members Absent: Dr. Charles Dike and James A. Greer, Esq.

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

Hearings: Nine cases were heard in the following order:

1) Case No. 13-643-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney John R. Donovan represented the appellant. Atty. Jay Don Francisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Decision: The Board Members vote was a tie vote resulting in favor of the appellant resulting in a vote overturning the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection. The Board has ordered the permit to be reinstated. Board Members Johnson, Overturf and Rosensweig voted for the State Issuing Authority. Board Members Blando, Fishbein and Kuck voted for the appellant.

2) Case No. 14-525-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. John Therina appeared for the local Issuing Authority, Chief Patrick Ridenhour, Stamford Police Department.

Motion: Board Member Fishbein made a motion for the appellant. Board Member Kuck seconded the motion, motion carried unanimously.

3) Case No. 12-054-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Dominic Angiolillo appeared for the local Issuing Authority, Chief Edward Stephens, Wolcott Police Department. Board Member Kuck recused himself.

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

4) Case No. 14-602-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Chief James Campbell, Thomaston Police Department appeared as the local Issuing Authority.

Motion: Board Member Fishbein made a motion to find for the local Issuing Authority, Chief James Campbell, Thomaston Police Department, by default, due to appellant’s failure to appear. Board Member Kuck seconded the motion, motion carried.

5) Case No. 14-120-R, involving the revocation of her pistol permit to carry pistols and revolvers. The appellant failed to appear. Attorney Jay Don Francisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

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

6) Case No. 14-561-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Jeff Foran appeared for the local Issuing Authority, Chief Marc Montminy, Manchester Police Department.

Withdrawal: The appellant withdrew his appeal and will reapply for a new pistol permit. Should the appellant be denied, the case will be expedited.

7) Case No. 14-354-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with one witness. Attorney Jay Don Francisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with two witnesses.

Decision: By a majority, 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. Board Members Blando and Kuck voted for the appellant. Board Members Fishbein, Johnson, Overturf and Rosensweig voted for the Issuing Authority.

8) Case No. 14-557-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Officer Carroll represented the local Issuing Authority, Chief Murray Pendleton, Waterford Police Department.

Motion: Board Member Fishbein made a motion for the appellant. Board Member Kuck seconded the motion, motion carried unanimously.

9) Case No. 14-549-R, involving the revocation of her pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Attorney Jay Don Francisco 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 the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, the revocation of the pistol permit, at this time.

Secretary’s Report:

Board Secretary Fishbein made a motion to except the Nov. 18, 2015 minutes as written, Board Member Overturf seconded the motion, motion carried.

New Business:

1)     Election of Board Secretary: Chairman Blando called for the nomination of the Board Secretary. Board Member Overturf nominated Atty. Craig Fishbein to serve as Board Secretary, Board Member Kuck seconded the motion. Chairman Blando called for the nominations to be closed, Board Member Kuck made the motion to close the nominations, Board Member Overturf seconded the motion, motion carried unanimously. Fishbein abstained from voting. Chairman Blando asked for any other nominations, seeing no other nominations, Atty. Craig Fishbein was reelected unanimously Board Secretary for term of two years.

2)     "Executive Session pursuant to C.G.S. 1-200(6), C.G.S. 1-200(8), and C.G.S. 1-200(9)(C) relative to matter 14-111-D." Chairman Blando called for a motion to amend the matter 14-111-D with the correct case number 14-448-D. Secretary Fishbein made the motion to amend the agenda to reflect the correct case number 14-448-D, Board Member Kuck seconded the motion, motion carried unanimously. Chairman Blando called for a motion to go into Executive Session, Secretary Fishbein made a motion to go into Executive Session, Board Member Kuck seconded the motion, motion carried unanimously. The Board met in Executive Session. Chairman Blando called for a motion to come out of Executive Session, Secretary Fishbein made a motion to come out of Executive Session, Board Member Kuck seconded the motion, motion carried unanimously. Secretary Fishbein made a motion. It was recommended that staff follow the course of action as discussed in Executive Session.

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