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September 8, 2016 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, September 8, 2016, 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. 10 appellants were present and 4 failed to appear. The State Issuing Authority and 11 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, Mr. M. Peter Kuck, Col. Kyle Overturf and Chief Carl Rosensweig.

Board Members Absent: Dr. Charles Dike

Chairman Blando administered the oath to all witnesses.

Hearings: 14 cases were heard in the following order:

1) Case No. 16-209-CD, 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 Brian Gould, Bristol Police Department.

Decision: Board member Craig Fishbein made a motion to continue until the October 27, 2016 hearing seconded by Board Member Kuck, so both appellant and Issuing Authority can be better prepared as neither have  complete knowledge of entire case. Motion carried unanimously.

2) Case No. 15-275-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 with one witness.

Decision: Appellant withdrew

3) Case No. 16-440-CD, involving the denial of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief James Heavey appeared as the local Issuing Authority for the Greenwich Police Department.

Decision: By a majority, the Board voted to uphold the decision of the Local Issuing Authority, Chief James Heavey of Greenwich Police Department, the denial of a temporary pistol permit. The vote was 4-3. Board Members Blando, Fishbein and Kuck voted for the appellant. Board Members Overturf, Greer, Johnson, and Rosenweig, voted for the local Issuing Authority.

4) Case No. 15-249-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Motion: Board Member Fishbein made a motion to find for the State Issuing Authority, Dora B. Schriro, Dept. of Emergency Services, by default, due to appellant’s failure to appear. Kuck seconded the motion, motion carried unanimously.

5) Case No. 15-273-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Det. Terri Boyko represented the local Issuing Authority, Chief Brian Gould, Bristol Police Department.

Motion: Board Member Kuck made a motion to find for the local Issuing Authority, Chief Brian Gould, Bristol Police Department, by default, due to appellant’s failure to appear. Greer seconded the motion, motion carried unanimously.

6) Case No. 15-308-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Town Manager Sean Hendricks appeared for the local Issuing Authority, Town of Killingly.

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

7) Case No. 15-229-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 Michael Crowley, Groton Town Police Department.

Motion: Board Member Greer made a motion to find for the local Issuing Authority, Chief Michael Crowley, Groton Town Police Department, by default, due to appellant’s failure to appear. Fishbein seconded the motion, motion carried unanimously.

8) Case No. 15-267-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 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. Board member Kuck recused himself.

9) Case No. 15-289-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 Brian Gould, Bristol Police Department.

Withdrawal: The appellant withdrew his appeal, Bristol will issue a temporary pistol permit.

10) Case No. 15-177-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Town Manager Sean Hendricks appeared as the local Issuing Authority for the Town of Killingly.

Withdrawal: The appellant withdrew his appeal.

11) Case No. 15-143-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Therina appeared for the local Issuing Authority, Chief Joseph McNeil, Stratford Town Police Department.

Motion: Board Member Fishbein made a motion to find for the Appellant.  Kuck seconded the motion, motion carried unanimously.

12) Case No. 16-436-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief James Viadero appeared as the local for the Newtown Police Department.

Agreement: Chief James Viadero made an agreement for the appellant to reapply at no cost and if there was no handgun disqualifiers, the appellant would be issued a temporary pistol permit.

13) Case No. 16-509-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Deputy Chief John Cappiello represented the local Issuing Authority, Chief Thomas Wydra, Hamden Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to the representative for the local Issuing Authority, Chief Thomas Wydra, Hamden Police Department, had failed to prove the appellant is unsuitable. Board Member Kuck seconded the motion, by a majority the motion passed. Vote 6-1. Board Member Rosensweig voted for the local Issuing Authority. Board Members Blando, Fishbein, Overturf, Greer, Kuck, and Johnson voted for the appellant.

14) Case No. 15-192-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Heather Desmond represented the local Issuing Authority, Chief William McKenna, Middletown Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief William McKenna, Middletown Police Department.

Secretary’s Report:

Secretary Fishbein made a motion to accept the August 11, 2016 minutes as written, Board Member Overturf seconded the motion, motion carried. Board Members Greer and Blando abstained.

Secretary Fishbein made a motion to accept the August 16, 2016 minutes as written, Board Member Johnson seconded the motion, motion carried. Board Member Greer abstained.

New Business:

Adjournment: Secretary Fishbein made a motion to adjourn, Board Member Overturf seconded the motion, motion carried. Meeting adjourned at 3:00pm.