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April 28, 2016 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, April 28, 2016, 10am at the

6 Fairfield Boulevard, Wallingford, CT 06492

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. Ten appellants were present and two failed to appear. The State Issuing Authority and nine 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. Peter Kuck and Dr. Charles Dike.

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

Hearings: Twelve cases were heard in the following order:

1) Case No. 15-067-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Wendell D. Avery represented the appellant. Sgt. Andrew Dzierzgowski represented the local Issuing Authority, Chief Eric Osanitsch, Windsor Locks Police Department.

Motion: Board Member Fishbein made a motion to table the case until Det. Tassinari, Special Licensing and Firearms Unit, could provide information needed from the Dept. of Emergency Services and Public Protection, Board Member Rosensweig seconded the motion. Board Member Fishbein withdrew the motion and Rosensweig withdrew the second to the motion, when Det. Tassinari returned.

Motion: Board Member Fishbein made a motion in favor of the appellant due to lack of evidence and circumstances that changed the definition of an automatic disqualifier in accordance with State statute. Board Member Johnson seconded the motion, motion passed unanimously. The Board ordered a temporary pistol permit be issued to the appellant.

2) Case No. 15-060-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Collin Konow represented the local Issuing Authority, First Selectman Betsie Petrie, Town of Lebanon.

    * Board Member Fishbein recused himself from the case.

Decision: By a unanimous decision, the Board voted to uphold the decision, of the local Issuing Authority First Selectman Betsie Petrie, Town of Lebanon, the denial of a temporary pistol permit.

3) Case No. 14-420-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Jay De 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, due to the Board having no statutory ability to find for the appellant. Board Member Johnson seconded the motion, motion passed unanimously. 

4) Case No. 14-594-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Richard Cournoyer appeared as the local Issuing Authority for the Town of Mansfield.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Sgt. Richard Cournoyer, Town of Mansfield, the denial of a temporary pistol permit.

5) Case No. 13-298-R, involving the revocation of her pistol permit to carry pistols and revolvers. The appellant failed to appear. Attorney Jay De Francisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Motion: Board Member 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 passed unanimously.

6) Case No. 14-446-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney William St. John represented the appellant. Attorney Jay De Francisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with two 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 appellant’s State pistol permit.

7) Case No. 15-063-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Joe Scully appeared for the local Issuing Authority, Chief James Wardwell, New Britain Police Department with one witness.

Withdrawal: The appellant withdrew his appeal.

8) Case No. 15-041-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative appeared for the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department.

Motion: Board Member Fishbein made a motion in favor of the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department, by default, due to the appellant’s failure to appear. Board Member Johnson seconded the motion, motion passed unanimously.

9) Case No. 15-136-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Salmeron represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department with two witnesses.

Motion: Board Member Fishbein made a motion to find for the appellant due to lack of evidence. Board Member Johnson seconded the motion, motion passed unanimously.

10) Case No. 15-042-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney John D. Bowdren represented the appellant. Officer Salmeron represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to lack of evidence. Board Member Johnson seconded the motion, motion passed unanimously.

11) Case No. 15-049-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Therina represented the local Issuing Authority, Chief Patrick Ridenhour, Stratford Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to lack of evidence. Board Member Johnson seconded the motion, motion passed unanimously.

12) Case No. 15-117-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Suplle represented the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to lack of evidence. Board Member Johnson seconded the motion, motion passed unanimously.

Secretary’s Report:

1)     Secretary Fishbein made a motion to accept the April 14, 2016 minutes as written, Board Member Overturf seconded the motion, motion carried. Board Member Rosensweig abstained.

Adjournment: Board Member Fishbein made a motion to adjourn, Board Member Greer seconded the motion, motion carried.