October 13, 2011 Minutes
BOARD OF FIREARMS PERMIT EXAMINERS
October 13, Thursday, 12:00pm
Call to Order
Chairman Joseph T. Corradino, Esq. called the meeting to order at 12:00pm.
Corradino called the roll call, 13 appellants were present, 1 appellant was absent, State Issuing Authority was present and 3 local Issuing Authorities were present.
Chairman Corradino read the Introductory Statement and Administered the Oath to all witnesses.
Board Members Present: Mr. Arthur Carr, Chairman Joseph T. Corradino, Esq., Chief T. William Knapp (Ret.), Mr. M. Peter Kuck, Colonel Kyle E. Overturf and Mr. Kenneth V. Tramadeo.
Board Members Absent: none, one vacancy
Cases scheduled for hearings:
1) Case No. 11-102-R,
The State Issuing Authority reissued the appellant’s permit prior to the hearing.
2) Case No. 11-154-R, Edward Salgado, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses.
Decision: By a unanimous decision, the Board members voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection at this time.
3) Case No. 10-273-D, Donald Meyers, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Donna Lemaire, represented the local Issuing Authority, Chief Mark J. Sirois, East Hartford Police Department.
Decision: By a unanimous decision, the Board members voted to overturn the decision of the local Issuing Authority, Chief Mark J. Sirois, East Hartford Police Department and voted for the appellant, Mr. Meyers, to be issued a temporary pistol permit.
4) Case No. 11-25-R, Steven Molasky, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Peter W. Soulsby represented the appellant with two witnesses. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses.
Decision: By a unanimous decision, the Board members voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.
5) Case No. 11-80-R, Marcia Russell, involving the revocation of her pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses.
Decision: By a majority, the Board members voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, revocation of the appellants pistol permit. Carr, Corradino, Knapp, Overturf and Tramadeo voted for State Issuing Authority at this time. Kuck voted for the appellant.
6) Case No. 11-74-D, Michael Vitale, Jr. involving the denial of a pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Sgt. Kris Hormuth represented the local Issuing Authority, Chief John C. DeCarlo, Branford Police Department.
Agreement to issue: The appellant, Mr. Vitale, Jr. agreed to submit a new application, $69 in fees and to disclose all the information required and the Branford Police Department will issue a temporary pistol permit within 30 days. If the appellant does not receive the pistol permit, his case will be again scheduled with the Board in January 2012. If the appellant does not comply with the local issuing authority, this will be further reason to deny due to unsuitable behavior.
7) Case No. 11-155-R, Dexter Jones, Sr. involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses.
Decision: By a unanimous decision, the Board members voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, by default, due to the appellant’s failure to appear.
8) Case No. 10-332-R, Anthony Takacs, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.
Continued: Mr. Takacs did not show to the hearing but his attorney, Ralph D. Sherman Esq., did appear. Attorney
9) Case No. 11-118-D, Christian Harding involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officers representing the local Issuing Authority Chief Gerald Narowski, Derby Police Department, had called to inform the Board that they were on their way to the hearing.
Withdrawal: Mr. Harding withdrew his appeal at the hearing due to a current protective order, therefore the Board is unable to provide him with relief and his case is dismissed. Representatives from the local issuing authority were contacted and told they no longer need to appear at the hearing.
10) Case No. 11-107-R, John Scafariello involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.
Decision: By a unanimous decision, the Board members voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection at this time.
11) Case No. 10-309-R, Filippo Accettullo, Jr. involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.
Decision: By a unanimous decision, the Board members voted to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection and for Mr. Accettullo, Jr. to be reinstated his pistol permit.
12) Case No. 11-38-D Allen Burnsworth involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. First Selectman John E. Hodge, Town of
Agreement: The appellant, Mr. Burnsworth, agreed to withdraw his appeal and the local issuing authority, First Selectman John E. Hodge, Town of
13) Case No. 11-158-R, Justin Rondeau involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.
Withdrawal: The appellant, Mr. Rondeau, withdrew his appeal at the hearing due to a current court order to not possess firearms, surrender his permit and received accelerated rehabilitation. After accelerated rehabilitation the appellant can reapply for a new permit.
14) Case No. 11-100-R, Robert Houseman involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Trooper Thomas Hatfield represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.
Decision: By a unanimous decision, the Board members voted to overturn the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection and for Mr. Houseman to be reinstated his pistol permit.
Secretary’s Report:
1) Tramadeo made a motion to accept the minutes, Overturf seconded the motion, motion carried. Kuck abstained.
2) Secretary Knapp discussed a letter from Mr. Stephen Epifano, who did not appear to his scheduled hearing on July 14, 2011 because he was sick. Epifano requested a new hearing. Det. Mattson, SLFU, disclosed that Mr. Epifano had a pending felony. Knapp made a motion to deny Epifano’s request. Kuck seconded the motion, motion carried.
3) E. Jonathan Hardy sent a letter requesting to discuss the details of his report on the towns not following the Board’s Declaratory Ruling. The Board voted to send a new letter to all Chiefs and First Selectmen regarding the Declaratory Ruling. Knapp made a motion to write the letter, Kuck seconded the motion, motion carried. *see attached document from Peter Kuck.
4) Knapp made a motion to write a letter to Governor Malloy requesting he appoint a Board member to fill the vacancy for the “Public” position. The motion was amended to request an attorney to request a lawyer to fill the vacancy, Tramadeo seconded the amendment. Kuck seconded the motion to write the letter as amended, motion carried.
5) Knapp noted that 10 cases scheduled were resolved prior to the hearing.
6) Knapp made a motion to dismiss the 8 cases listed on the Dormancy list for failure to pursue an appeal. Kuck seconded the motion, motion carried.
New Business:
Susan Mazzoccoli, the Board’s office manager, presented her newly designed Issuing Authority Questionnaire form. Appellants were returning the Issuing Authority Questionnaires to the Board and there was also an increase in phone calls asking what to do with the form. The new Issuing Authority Questionnaire was to give more information to the appellant without costing money or more work for SFLU. Det. Mattson, SLFU, discussed that it would be difficult to change the form since it would need to be computer programmed and that it would cost money. It was decided that Ms. Mazzoccoli would purchase a stamp and give it to SLFU to stamp on the form. Corradino suggested the stamp would say “Notice to Appellant Keep This Document For Your Records.”
Motion to adjourn: Knapp made a motion to adjourn, Tramadeo seconded the motion, motion carried.