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September 12, 2013 Minutes

DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, Sept. 12, 2013, 12:00pm at the

DESPP, 1111 Country Club Rd., Middletown, CT 06457

Call to Order

Acting Chairman Craig Fishbein, Esq. called the meeting to order at 12:00pm.

Chairman Fishbein called the roll call. 10 appellants were present.

The State Issuing Authority was present and 7 local Issuing Authorities were present.

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

*Chairman Corradino arrived at 12:10pm and left at approximately 6:30pm.

Chairman Joseph T. Corradino administered the oath to all witnesses.

Hearings:

1) Case No. 13-246-D, Fatima Silva, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf with one witness. Lt. Brian H. McCauley represented the local Issuing Authority, Chief John Salvatore, Monroe Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief John Salvatore, Monroe Police Department, the denial of a temporary pistol permit.

2) Case No. 13-314-D, Jan S. Chowaniec, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Mark Samsel represented the local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department.

Withdrawal: The appellant Mr. Chowaniec withdrew his appeal.

3) Case No. 13-014-R, Robert Beaudry, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant with one witness. 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 decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection and voted for Mr. Beaudry’s permit to be reinstated.

4) Case No. 13-259-R, Glenn MacPherson, 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 uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. MacPherson’s pistol permit, at this time.

5) Case No. 13-196-R, David J. Ebnot, 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 majority, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Corradino, Fishbein, Greer, Knapp, Overturf and Tramadeo voted for the Issuing Authority. Kuck voted for the appellant.

6) Case No. 12-370-D, Quinton Van Gundy, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Dennis Woessner represented the local Issuing Authority, Chief David A. Caron, Glastonbury Police Department.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief David A. Caron, Glastonbury Police Department. Corradino, Fishbein, Greer, Knapp and Overturf voted for the Issuing Authority, at this time. Tramadeo and Kuck voted for the appellant.

7) Case No. 13-494-D, Matthew Abrams, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Dennis Woessner represented the local Issuing Authority, Chief David A. Caron, Glastonbury Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief David A. Caron, Glastonbury Police Department and voted for Mr. Abrams to be issued a temporary pistol permit.

8) Case No. 13-113-D, Kenneth Klenk, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative from the New Canaan Police Department appeared for the local Issuing Authority, Interim Chief Leon Krolikowski, New Canaan Police Department.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority, Interim Chief Leon Krolikowski, New Canaan Police Department.  Corradino and Greer voted for the Issuing Authority. Fishbein, Kuck, Knapp, Overturf and Tramadeo voted for the appellant to be issued a temporary pistol permit.

Chairman Corradino left at 6:20pm.

9) Case No. 13-195-D, Johanna Roman, involving the denial of a pistol permit to carry pistols and revolvers. Attorney Alfred F. Morroco represented the appellant with one witness. Det. Sgt. Christopher Lennon represented the local Issuing Authority, Chief Thomas Grimaldi, Bristol Police Department with one witness.

Decision: By a majority, the Board voted to uphold the decision of the local Issuing Authority, Chief Thomas A. Grimaldi, Bristol Police Department. Kuck recused himself.  Fishbein and Tramadeo voted for the appellant. Greer, Knapp, and Overturf voted for the local Issuing Authority.

10) Case No. 13-078-D, Steven M. Doyle, involving the denial of a pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Det. Sgt. Wheeler represented the local Issuing Authority, Chief Shawn Boyne, New Milford Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief Shawn Boyne, New Milford Police Department and voted for Mr. Doyle to be issued a temporary pistol permit.

Secretary’s Report:

1)     Secretary Knapp made a motion to approve the August 8, 2013minutes, Tramadeo seconded the motion, motion carried.

2)     Secretary Knapp presented a draft letter that he and Assistant Attorney General DeAnn Varunes wrote regarding PA 13-3 and two changes to the application process. The letter addresses three specific questions regarding residency. Knapp made a motion to send the letter seeking a formal opinion from the Office of Attorney General. Kuck seconded the motion, motion carried.

3)     Secretary Knapp spoke to the Board about the issue of Writ of Mandamus and how sometimes the 45 day deadline to appeal falls in between hearing dates. He mentioned that some appellant’s permits were being further delayed while waiting for the Board meeting. Knapp asked the Board members opinion, if the Board Secretary could request the Writ of Mandamus, without waiting for the next hearing and for the Board members to vote. It was agreed that he would follow up with Assistant Attorney Varunes regarding the matter and possibly addressing the subject as a Board policy.

Old Business: none

New Business: none

Adjournment: Tramadeo made a motion to adjourn, Kuck seconded the motion, motion carried. The meeting adjourned at 8:09pm.