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January 8, 2015 Minutes

DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, January 8, 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 Frank P. Blando, read the Introductory Statement and called the roll call. Seven appellants were present. 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., James A. Greer, Esq., Ms. Gudrun Johnson, Col. Kyle Overturf and Chief Carl Rosensweig.

Board Members Absent: Mr. M. Peter Kuck and Dr. S. David Bernstein*

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

Hearings:

1) Case No. 14-254-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Lawrence Terra represented the local Issuing Authority, Chief Christopher Arciero, Canton Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Christopher Arciero, Canton Police Department, the denial of a temporary pistol permit. Board members Blando and Fishbein voted for the appellant. Board members Greer, Johnson, Overturf and Rosensweig voted for the local Issuing Authority.

2) Case No. 14-271-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Kealyn Nivakoff represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

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

3) Case No. 14-273-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Kealyn Nivakoff represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

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

4) Case No. 14-274-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Terri Boyko represented the local Issuing Authority, Chief Thomas Grimaldi, Bristol Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Thomas Grimaldi, Bristol Police Department, the denial of a temporary pistol permit.

5) Case No.14-150-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Brian Herwerth represented the local Issuing Authority, Chief David Caron, Glastonbury Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief David Caron, Glastonbury Police Department, at this time. Board members Blando and Fishbein voted for the appellant. Board members Greer, Johnson, Overturf and Rosensweig voted for the local Issuing Authority.

6) Case No. 14-082-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with two witnesses. Sgt. Paolo D’Alessandro 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 overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, and ordered the pistol permit to be reinstated.

7) Case No. 14-279-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, Department 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 pistol permit to be reinstated.

Secretary’s Report:

Board Secretary Fishbein called for a motion to correct the December 11, 2014 minutes, to show the motion to adjourn was made by Fishbein and not Chairman Blando. Board Member Greer seconded the motion, motion carried. Secretary Fishbein made the motion to accept the minutes as corrected, Board Member Greer seconded the motion, motion carried. Board Member Johnson abstained.

New Business: The Board discussed a draft letter regarding Case No. 14-283-D, scheduled for Jan. 29, 2015. The letter to be sent to the appellant dismissed his appeal because he failed to provide a pistol permit application to the local Issuing Authority. Board member Overturf made a motion to accept the letter as written, Board Member Johnson seconded the motion, motion carried. Board Member Fishbein abstained.

Adjournment: Board Member Fishbein made a motion to adjourn, Board Member Greer seconded the motion, motion carried. Meeting adjourned 4:30pm.

*Bernstein submitted his resignation January 1, 2015