MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday October 25, 2012, 12:00pm at the

Department of Emergency Services and Public Protection

Call to Order

Secretary T. William Knapp called the meeting to order at 12:00pm.

Secretary Knapp called the roll call 15 appellants were present, 1 appellant was absent, and  1 appellant withdrew prior to the hearing and was issued a permit. The State Issuing Authority was present and 6 local Issuing Authorities were present.

Board Members Present: Attorney Joseph T. Corradino, Chairman, Chief T. William Knapp, (Ret.), Board Secretary, Atty. Jay Greer, Mr. M. Peter Kuck, Col. Kyle Overturf and Mr. Kenneth Tramadeo.

Secretary Knapp made a motion to move to the top of the agenda Case No.’s 12-318-D, 12-329-R, 12-346-R and 12-313-R.  Kuck seconded the motion, motion carried.

Chairman Corradino read the Introductory Statement and administered the oath to all witnesses.

Attorney Craig Fishbein was sworn in by Chairman Corradino and welcomed as the newest member of the Board of Firearms Permit Examiners.

Hearings

1) Case No. 12-194-R, Sean Collins, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal in accordance with C.G.S. 29-28 (b).

2) Case No. 12-318-D, Marie Williams, involving the denial of a pistol permit to carry pistols and revolvers by the local Issuing Authority Chief J. Darren Steward, Stonington Police Department.

Withdrawal: The appellant called the Office Manager, Mazzoccoli, to report that she, Williams, had made an agreement to withdraw her appeal and that the local Issuing Authority, Chief Steward. Stonington Police Department had agreed to issue her the temporary pistol permit the morning of the hearing.

3) Case No. 12-274-D, Evan J. Pelaccia involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Joseph DeStefano represented the local Issuing Authority Chief Keith Mello, Milford Police Department.

Decision: By a majority, the Board voted to overturn the denial of the local Issuing Authority, Chief Mello, Milford Police Department. Greer voted for the local Issuing Authority. Corradino, Fishbein, Knapp, Kuck, Overturf and Tramadeo voted for the appellant and to issue Mr. Pelaccia a temporary pistol permit.

4) Case No. 12-284-R, Michael Burton, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: The appellant, Mr. Burton, agreed to withdraw his appeal in an agreement with Sgt. D’Alessandro of the State Issuing Authority to reissue permit in 6 months, April 25, 2013, if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.

5) Case No. 12-306-R, Bruce Richmond, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with two witnesses. Chairman Corradino made a motion to reopen the evidence. Kuck seconded the motion, motion carried.

Decision: By a majority, the Board voted to uphold the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, at this time. Kuck and Tramadeo voted for the appellant. Corradino, Fishbein, Greer, Knapp and Overturf voted for the State Issuing Authority, Commissioner Reuben F. Bradford.

6) Case No. 12-329-R, Joseph Woszczyna, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal due to an active protective order.

7) Case No. 12-346-R, Steve Delcegno, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Guy P. Soares represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal due to an active protective order.

8) Case No. 12-346-R, Luis Ortiz, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro 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 voted to overturn the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, and voted for Mr. Ortiz’s permit to be reinstated.

9) Case No. 12-228-R, Jose E. Maldonado, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: The appellant, Mr. Maldonado, agreed to withdraw his appeal in an agreement with the Sgt. D’Alessandro of the State Issuing Authority to reissue permit in 6 months, April 25, 2013, if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.

10) Case No. 12-285-R, Hector Arocho, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Imisa Torres, DESPP, translated for the appellant. Sgt. Paolo D’Alessandro 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 voted to overturn the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, and voted for Mr. Arocho’s permit to be reinstated.

11) Case No. 12-308-R, Daniel R. Parlato, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Decision: By a unanimous decision, the Board voted to uphold the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, by default, for the appellant, Mr. Parlato, failure to appear.

12) Case No. 12-354-D, Jude Onakpoma, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Marcus Jacoboski   represented the local Issuing Authority Chief Christopher Edson, Naugatuck Police Department.

Withdrawal: The appellant, Mr. Onakpoma, withdrew his appeal.

13) Case No. 12-218-D, Jonathan H. Merriam, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Edward Demers represented the local Issuing Authority, Chief Richard Wileman, Middlebury Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision to deny from the local Issuing Authority, Chief Richard Wileman, Middlebury Police Department, and voted for Mr. Merriam to be issued a temporary pistol permit.

14) Case No. 12-214-D, Zaneta S. West, the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Officer Manmeet Colon represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision to deny from the local Issuing Authority, Chief Dean Esserman, New Haven Police Department, and voted for Ms. West to be issued a temporary pistol permit.

*Board Member Peter Kuck left the meeting at 4:30pm.

15) Case No. 12-235-D, Mark A. Rhodes, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Manmeet Colon represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, Chief Dean Esserman, New Haven Police Department and voted for the appellant, Mr. Rhodes to be issued a temporary pistol permit. Fishbein voted for the local Issuing Authority. Corradino, Greer, Knapp, Overturf and Tramadeo voted for the appellant.

16) Case No. 12-323-D, Marie E. Majewski, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf with one witness. Officer John Zematis represented the local Issuing Authority, Chief Richard Mulhull, Newington Police Department.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, Chief Richard Mulhull, Newington Police Department and voted for the appellant, Ms. Majewski to be issued a temporary pistol permit. Greer voted for the local Issuing Authority. Corradino, Fishbein, Knapp, Overturf and Tramadeo voted for the appellant.

17) Case No. 12-353-D, Gennero Ottiano, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief Michael Surprenant, Plainfield Police Department was represented as the local Issuing Authority.

Decision: By a unanimous decision, the Board voted to uphold the decision to deny from the local Issuing Authority, Chief Michael Surprenant, Plainfield Police Department, at this time.

Secretary’s Report:

1)   Approval of the September 27, 2012 minutes. Knapp made a motion to accept the minutes as written, Tramadeo seconded the motion, motion carried. Corradino, Knapp, Overturf and Tramadeo voted in favor of the motion. Fishbein and Greer abstained.

2)   Approval of the October 11, 2012 minutes. Knapp made a motion to accept the minutes as written, Tramadeo seconded the motion, motion carried. Corradino, Greer, Knapp, Overturf and Tramadeo voted in favor of the motion. Fishbein abstained. Fishbein abstained.

D. Old Business:

1) Request for a Declaratory Ruling. Knapp made a motion to deny the request, Tramadeo seconded the motion, motion carried. Corradino, Greer, Knapp, Overturf and Tramadeo voted to support the motion. Fishbein was opposed.

Adjournment: Overturf made a motion to adjourn, Tramadeo seconded the motion, motion carried.