DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, July 24, 2014, 10am at the

Wethersfield Police Dept., Wethersfield, CT 06109

Call to Order

Chairman Frank P. Blando, called the meeting to order.

Chairman Frank P. Blando, read the Introductory Statement and called the roll call. Eleven appellants were present and one failed to appear. The State Issuing Authority was present and three local Issuing Authorities were present and two local Issuing Authorities failed to appear.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq., Dr. S. David Bernstein, James A. Greer, Esq., Ms. Gudrun Johnson, Mr. M. Peter Kuck and Chief Carl Rosensweig.

Board Members Absent: Col. Kyle Overturf.

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

Hearings:

1) Case No. 13-132-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant and Sgt. Paolo D’Alessandro, representative the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection, came to an agreement the day before the hearing.

Agreement: The appellant withdrew his appeal and was reinstated his State permit on July 23, 2014.

2) Case No. 13-471-LR, involving the local revocation of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. John Alexopoulos represented the local Issuing Authority, Chief Keith Mello, Milford Police Department with one witness. 

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Keith Mello, Milford Police Department, the local revocation of the temporary pistol permit.

3) Case No. 14-104-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Jeff Golden represented the local Issuing Authority, Chief Carl J. Sferrazza, Enfield Police Department.

Motion: Fishbein made a motion for the appellant to be issued a temporary pistol permit, Kuck seconded the motion, motion passed unanimously.

4) Case No. 14-087-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative for the local Issuing Authority, First Selectman Susan Chapman, Town of New Fairfield, failed to appear.

Motion: Kuck made a motion for the appellant to be issued a temporary pistol permit, by default, due to the local Issuing Authority, First Selectman Susan Chapman, Town of New Fairfield, failure to appear. Rosensweig seconded the motion, motion passed unanimously.

5) Case No. 14-111-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative for the local Issuing Authority, Chief Dean M. Esserman, New Haven Police Department, failed to appear.

Motion: Kuck made a motion for the appellant to be issued a temporary pistol permit, by default, due to the local Issuing Authority, Chief Dean M. Esserman, New Haven Police Department, failure to appear. Greer seconded the motion, motion passed unanimously.

6) Case No. 14-088-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Gary Wallace represented the local Issuing Authority, Chief William McKenna, Middletown Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief William McKenna, Middletown Police Department and for the appellant to be issued his temporary pistol permit.

7) Case No.  14-081-SD, involving the denial of a State pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Motion: Rosensweig made a motion for the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection, by default, for the appellant’s failure to appear. Kuck seconded the motion, motion passed unanimously.

8) Case No. 14-119-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney John C. Drapp represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with one witness.

Decision: By a tie vote, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection, and for the State pistol permit to be reinstated.  Blando, Johnson and Rosensweig voted for the State Issuing Authority. Bernstein, Fishbein and Kuck voted for the appellant.

9) Case No. 14-065-R, 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 Dora B. Schriro, Dept. 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 Dora B. Schriro, Department of Emergency Services and Public Protection, the revocation of the appellant’s State pistol permit, at this time.

10) Case No. 14-107-R, 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 Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Withdrew: The appellant withdrew his appeal.

11) Case No. 13-654-R, 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 Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Motion: Fishbein made a motion to continue the case to the August 14, 2014 meeting and to place the case first on the agenda. Kuck seconded the motion, motion passed unanimously.

12) Case No. 14-114-R, 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 Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Motion: Kuck made a motion in favor of the appellant due to the State Issuing Authority’s failure to provide the reason for the revocation in accordance with CGS 29-32b. Greer seconded the motion. Motion failed. Kuck voted in favor the motion, Blando, Bernstein, Greer, Johnson and Rosensweig voted against the motion.

Motion: Kuck made a motion to continue the case to the next hearing scheduled on August 14, 2014. Greer seconded the motion, motion carried unanimously.

13) Case No. 14-105-R, 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 Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Agreement: The appellant withdrew his appeal and the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection, issued the State pistol permit.

Secretary’s Report:

Fishbein made a motion to accept the July 10, 2014 minutes as written, Rosenweig seconded the motion, motion carried. Kuck and Johnson abstained.

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