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June 11, 2015 Minutes

DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, June 11, 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 and two failed to appear. The State Issuing Authority was present. Seven local Issuing Authorities were present and one failed to appear.

Board Members Present: Chairman Frank P. Blando, Esq*. Secretary Craig C. Fishbein, Esq., Dr. Charles Dike**, James A. Greer, Esq., Ms. Gudrun Johnson and Chief Carl Rosensweig.

Board Members Absent: Mr. M. Peter Kuck and Col. Kyle Overturf

Chairman Blando administered the oath to all witnesses.

Hearings: Ten cases were heard in the following order:

1) Case No. 14-164-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Matthew Coutoute represented the appellant with one witness. 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 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 appellant’s permit to be reinstated. Board Members Rosensweig and Fishbein voted for the State Issuing Authority. Board Members Blando, Dike, Greer and Johnson voted for the appellant.

2) Case No. 15-218-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. A representative did not appear for the local Issuing Authority, First Selectman Kevin Skulczyk, Town of Griswold.

Attorney Sherman presented a letter signed by the Office of Resident State Trooper in Jewett City stating that a permit would be issued in the next few days to the appellant at his last known residency on file.

Motion: Board Secretary Fishbein made a motion to accept an agreement with stipulations given by the appellant and the local Issuing Authority. Board Member Johnson seconded the motion, motion carried.

3) Case No. 14-383-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Duncan J. Forsyth represented the appellant. A representative appeared for the local Issuing Authority, First Selectman Theodore Shafter, Town of Burlington.

Withdrawal: The appellant withdrew his appeal.

4) Case No. 13-407-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

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

5) Case No. 14-102-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf however he arrived late. A representative was present for the local Issuing Authority, Chief Joseph Gaudett, Bridgeport Police Department and left after the second roll call.

Motion: Board Secretary Fishbein made a motion to mark over the case to July 9. 2015. Board Member Johnson seconded the motion, motion carried.

6) Case No. 15-351-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Brian Wright appeared for the local Issuing Authority, Chief Margaret Ackley, New London Police Department.

Withdrawal: The appellant withdrew his appeal.

7) Case No. 14-403-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with one witness. Officer Jason Tetrault appeared for the local Issuing Authority, Chief William McKenna, Middletown Police Department.

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 be issued.

8) Case No. 14-287-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Guy P. Soares represented the appellant. Det. Kenneth Jones appeared for the local Issuing Authority, Chief Michael Lombardo, Trumbull Police Department.

*Chairman Blando recused himself from the Case 14-287-D.

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

9) Case No. 14-409-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. John Alesopoulos appeared for the local Issuing Authority, Chief Keith Mello, Milford Police Department.

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

10) Case No. 15-438-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Terry Boyko appeared for the local Issuing Authority, Chief Thomas Grimaldi, Bristol Police Department.

**Dr. Charles Dike left prior to Case 15-438-CD.

Motion: Board Secretary Fishbein made a motion to find for the local Issuing Authority, Chief Thomas Grimaldi, Bristol Police Department, based upon the failure of the appellant to show a bona fide permanent residence as required by C.G.S. 28-28 (b). Board Member Johnson seconded the motion, motion carried.

Secretary’s Report:

Board Secretary Fishbein made a motion to accept the May 28, 2015 minutes as written, Board Member Greer seconded the motion, motion carried.

New Business:

Board Secretary Fishbein made a motion to go into Executive Session in accordance with 1-225 (f) and 1-200 (6) (d) to discuss pending litigation. Board Chairman Blando made a friendly amendment to wave the rules to add Executive Session to the agenda. Greer seconded the amendment. Board Chairman Blando made a motion to go into Executive Session in accordance with 1-225 (f) and 1-200 (6) (d), as amended, Greer seconded the motion, motion carried.

Board Secretary Fishbein made a motion to come out of Executive Session, Board Member Greer seconded the motion, motion carried.

Under other new business Board Secretary Fishbein discussed a case that was appealed to Superior Court and that it sustained the Board’s decision. The State Department Emergency Services and Public Protection will not appeal the decision due to new legislation. 

Adjournment: Board Secretary Fishbein made a motion to adjourn, Board Member Johnson seconded the motion, motion carried. Meeting adjourned at 4:50pm.