January 14, 2016 Minutes
DRAFT MINUTES
OFFICE OF GOVERNMENTAL ACCOUNTABILITY
BOARD OF FIREARMS PERMIT EXAMINERS
Thursday, January 14, 2016, 10am at the
Wallingford Parks & Recreation
6 Fairfield Boulevard, Room 3, Wallingford, CT 06492-
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. Seven appellants were present, one appellant failed to appear and two cases were resolved the day before the hearing. The State Issuing Authority and six local Issuing Authorities were present.
Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq., Dr. Charles Dike, James A. Greer, Esq., Ms. Gudrun Johnson, Mr. M. Peter Kuck and Col. Kyle Overturf.
Board Members Absent: Chief Carl Rosensweig.
Chairman Frank P. Blando administered the oath to all witnesses.
Hearings: Eight were heard in the following order:
1) Case No. 14-641-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Hawes represented the local Issuing Authority, First Selectman Mark Walter, Town of East Haddam.
Motion: Board Member Fishbein made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable. Board Member Kuck seconded the motion, motion carried unanimously.
2) Case No. 14-186-SD, involving the State denial of a 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: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, the revocation of the pistol permit at this time.
3) Case No. 14-325-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph Sherman represented the appellant. Assistant Chief Anthony Cuozzo represented the local Issuing Authority, Chief Robert Gagne, Orange Police Department.
Withdrawal: The appellant withdrew his appeal.
4) Case No. 14-623-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph Sherman represented the appellant with two witnesses. Detective Rocco Testi represented the local Issuing Authority, Chief Michael Lombardo, Trumbull Police Department with one witness.
Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, the denial of the pistol permit, at this time.
5) Case No. 15-021-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 Scott Sansom, East Hartford Police Department.
Motion: Board Member Fishbein made a motion for the local Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.
6) Case No. 14-243-R, involving the revocation of a 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.
Motion: Board Member Fishbein made a motion in favor of the appellant based on the evidence presented by the Issuing Authority, motion was seconded by Board Member Kuck. Following a discussion, Board Member Kuck withdrew his second of the motion. Due to lack of a seconded to the motion, motion failed.
2nd Motion: Board Member Fishbein made a second motion in favor of the appellant based on the Issuing Authority’s failure to prove by a preponderance of the evidence that the appellant is unsuitable. Board Member Johnson seconded the motion. Board Members Dike and Greer opposed the motion. Board Members Blando, Fishbein, Johnson, Kuck and Overturf voted in favor of the motion. Motion passed by a majority vote in favor of the appellant.
7) Case No. 14-586-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Francis Monahan represented the local Issuing Authority, Chief Vernon Riddick, Waterbury Police Department.
Motion: Board Member Fishbein made a motion in favor of the appellant. Board Member Kuck seconded the motion, motion passed unanimously.
2nd Motion: Board Member Fishbein vacated the prior motion due to the appellant no longer is a resident of Waterbury, Johnson seconded the motion, motion passed unanimously in favor of the Issuing Authority.
8) Case No. 15-048-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Mark Balaban represented the appellant. Attorney Kori T. Wisneski represented the local Issuing Authority, Chief William McKenna, Middletown Police Department.
The digital recorder stopped recording. The meeting ended with all parties involved agreeing to continue the case to March 3, 2016 in Middletown.