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July 28, 2016 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, July 28, 2016, 10am at the

Department of Emergency Services and Public Protection, Middletown, CT

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. Six appellants were present and 2 failed to appear*. The State Issuing Authority and five local Issuing Authorities were present.

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

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

Hearings: Five cases were heard in the following order:

1) Case No. 15-215-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Duncan Forsyth represented the local Issuing Authority, First Selectman Theodore Shafer, Town of Burlington with two witnesses.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, First Selectman Theodore Shafer, Town of Burlington and ordered a temporary permit to be issued.

2) Case No. 15-171-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. John Therina represented the local Issuing Authority, Chief Patrick Ridenhour, Stratford Police Department.

Motion: Board Member Kuck made a motion to find for the appellant, due to the local Issuing Authority, Stratford Police Department failing to present a case to show the appellant is unsuitable. Chairman Blando called the motion, finding no second to the motion, motion failed.

Motion: Board Member Fishbein made a motion to renew the motion made by Board Member Kuck and to find for the appellant, due to the local Issuing Authority Stratford Police Department, failed to present a case to show the appellant is unsuitable. Board Member Dike seconded the motion. Board Members Johnson and Rosensweig voted against the motion. Board Member Greer abstained.  Board Members Blando, Dike, Fishbein, Kuck and Overturf voted for the motion. The Board ordered a temporary pistol permit be issued. The motion carried 5 in favor, 2 against and 1 abstention.

3) Case 15-143-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Det. John Therina appeared for the local Issuing Authority, Chief Patrick Ridenhour, Stratford Police Department.

Motion: Board Member Kuck made a motion for the local Issuing Authority, by default, due to the appellant failing to appear, Board Member Greer seconded the motion, motion carried unanimously*.

* The appellant showed in room 245 towards the end of the meeting. He had been told by the officer at the entrance to wait in the lobby. Chairman Blando determined that due to the circumstances the Board would reschedule the hearing on September 8, 2016 in Wethersfield.

4) Case No. 15-070-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Det. Scott Segar represented the local Issuing Authority, Chief Tracey Gove, West Hartford Police Department.

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

5) Case No. 14-632-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief James Kenny, the local Issuing Authority, represented the Vernon Police Department with one witness.

Decision: The Board voted unanimously to uphold the decision of the local Issuing Authority, Chief James Kenny, the denial of a pistol permit, at this time.  

Secretary’s Report:

Secretary Fishbein made a motion to accept the July 14, 2016 minutes as submitted with corrections. Board Member Johnson seconded the motion, motion carried. Board Member Dike abstained.

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