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January 28, 2016 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, January 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. Eleven appellants were present. The State Issuing Authority was present and seven local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq., Dr. Charles Dike, Mr. M. Peter Kuck, Col. Kyle Overturf and Chief Carl Rosensweig.

Board Members Absent: James A. Greer, Esq., Ms. Gudrun Johnson.

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

Hearings: Five cases were heard in the following order:

1) Case No. 14-535-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.

Withdrawal: The appellant withdrew his appeal and will be issued the permit. Should the appellant not receive his permit within three weeks, he is to call the office and be added to the next meeting’s agenda.

2) Case No. 14-603-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.

Withdrawal: The appellant withdrew his appeal.

3) Case No. 14-435-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney James A Saraceni represented the appellant. Sgt. John Slusarz represented the local Issuing Authority, Chief James Heavey, Greenwich Police Department.

Motion: Board Member Kuck made a motion in favor of the appellant. Board Member Fishbein seconded the motion. Board Member Rosensweig voted for decision of the local Issuing Authority. Board Members Blando, Dike, Fishbein, Kuck and Overturf voted for the appellant to be issued a temporary pistol permit.

4) Case No. 15-014-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Scott Cunningham represented the local Issuing Authority, First Selectwoman Susan Bransfield, Town of Portland.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, the denial of a temporary pistol permit, at this time. Board Members Fishbein and Overturf voted for the appellant. Board Members Blando, Dike, Kuck and Rosensweig voted for the local Issuing Authority.

5) Case No. 14-484-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. The appellant’s attorney failed to appear. 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.

6) Case No. 14-554-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. 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 revocation of his State pistol permit.

7) Case No. 14-602-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Mark R. Zeck represented the appellant. Chief James Campbell appeared as the local Issuing Authority in the town of Thomaston.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority. Board Member Rosensweig voted for the local Issuing Authority. Board Members Blando, Dike, Fishbein, Kuck and Overturf voted the appellant and for a temporary pistol permit to be issued to the appellant.

8) Case No. 15-016-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Joseph Skelly appeared for the local Issuing Authority, Chief James Wardwell, New Britain Police Department with one witness.

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

9) Case No. 15-012-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Det. John Alexoupoulos represented the local Issuing Chief Keith Mello, Milford Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable. Board Member Kuck seconded the motion, motion carried unanimously. The Board ordered a temporary pistol permit be issued.

10) Case No. 15-541-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. McGlynn represented the local Issuing Chief Patrick Ridenhour, Stratford Police Department.   

Motion: Board Member Fishbein made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable. Board Member Kuck seconded the motion, motion carried unanimously. The Board ordered a temporary pistol permit be issued.

11) Case No. 15-244-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Det. John Williams represented the local Issuing Chief Jeffrey Cossette, Meriden Police Department. 

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority. Board Member Rosensweig voted for the local Issuing Authority. Board Members Blando, Dike, Fishbein, Kuck and Overturf voted the appellant and for a temporary pistol permit to be issued to the appellant.

Secretary’s Report:

1)     Secretary Fishbein made a motion to accept the December 10, 2015 minutes as written, Board Member Overturf seconded the motion, motion carried. Board Member Dike abstained.

2)     Secretary Fishbein made a motion to accept the January 14, 2016 minutes as written, Board Member Dike seconded the motion, motion carried. Board Member Rosensweig abstained. 

New Business: “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 14-102-D.” Board Member Kuck made a motion to go into Executive Session to discuss the matter listed, Fishbein seconded the motion, motion carried. Board Member Fishbein made a motion to come out of Executive Session, Kuck seconded the motion, motion carried. Board Member Fishbein made a motion to instruct staff to follow the course of conduct as discussed in Executive Session, Overturf seconded the motion, motion carried.

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