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November 17, 2016 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, November 17, 2016, 10am at the

State Police Headquarters, Middletown, CT 06457

Call to Order

Acting Chairman Craig C. Fishbein called the meeting to order at 10:00am.

Acting Chairman Fishbein read the Introductory Statement called the roll call.  15 appellants were present. The State Issuing Authority and 11 local Issuing Authorities were present.

Board Members Present: Craig C. Fishbein, Esq., Mr. Peter Kuck, Col. Kyle Overturf, Chief Carl Rosensweig, Dr. Charles Dike, and James Greer, Esq.

Board Members Absent: Chairman Atty. Frank Blando and Ms. Gudrun Johnson

Acting Chairman Fishbein administered the oath to all witnesses.

Hearings: 15 cases were heard in the following order:

1) Case No. 15-371-D involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. An officer was present as a representative of the local Issuing Authority, Chief Michael Surprenant, Plainfield Police Department.

Withdraw: Appellant withdrew

2) Case No. 15-129-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf.  Attorney Doug Sauve’ represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Motion: Board Member Rosensweig made a motion to find for the State Issuing Authority, Board Member Kuck seconded the motion, motion carried unanimously.

3) Case No. 15-280-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Attorney Doug Sauve’ represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection.

Agreement: Appellant withdrew. State will issue permit

4) Case No. 16-209-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Terri Boyko was the representative of the local Issuing Authority, Chief Brian Gould, Bristol Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority Chief Brian Gould, Bristol Police Department at this time.

5) Case No. 15-360-SD, involving the state denial of a pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Attorney Doug Sauve’ represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with 1 witness.

Decision: By majority decision, the Board decided to uphold the state denial for the State Issuing Authority. Board members Fishbein, Greer, Overturf and Rosensweig voted against the appellant. Board members Dike and Kuck voted in favor of the appellant.

6) Case No. 15-347-R, involving the revocation of a pistol permit to carry pistols and revolvers. Chief Rosensweig recused himself. The appellant appeared on his own behalf.. Attorney Doug Suave’ represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with 2 witnesses.

Decision: By majority decision, the Board decided to uphold the state denial for the State Issuing Authority. Board members Fishbein, Greer, Overturf and Dike voted against the appellant. Board member Kuck voted in favor of the appellant.

7) Case No. 15-440-D, involving the denial of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  First Selectman Richard Matters represented the local Issuing Authority, Town of Franklin.

Motion: By tie vote, the Board decided to find for the appellant. Board members Dike, Greer, and Rosensweig voted against the appellant. Board members Fishbein, Overturf, and Kuck voted in favor of the appellant.

8) Case No. 16-436-CD involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Chief James Viadero represented the local Issuing Authority, Newtown Police Department.

Agreement: The case has been continued until December 8, 2016 hearing.

9) Case No. 14-462-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Det. John Williams represented the local Issuing Authority, Chief Jeffry Cossette, Meriden Police Department.

Motion:  Board Member Kuck made a motion to find for the appellant, Board Member Dike seconded the motion, motion carried unanimously.

10) Case No. 15-405-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf, Lt. Alex Coriaty represented the local Issuing Authority, Chief Roberto Rosado, Willimantic Police Department.

Decision: By unanimous decision, the Board decided to uphold the denial for the Local Issuing Authority.

11) Case No. 15-261-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Eric Schneider represented the local Issuing Authority, Chief Armando Perez, Bridgeport Police Department.

Motion:  By unanimous decision, the Board decided to find for the appellant.

12) Case No. 15-480-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Sgt. Eric Schneider represented the local Issuing Authority, Chief Armando Perez, Bridgeport Police Department

Motion: Motion was made by Board member Kuck and seconded by Mr. Greer to find for the appellant. Motion passed unanimously.

Dr. Dike left the meeting at 4:26

13) Case No. 15-464-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant,appeared on his own behalf., and Tpr. Ekland representative of the local Issuing Authority, Town of Tolland Manager, Steven Werbner.

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority and ordered a temporary pistol permit be issued.

11) Case No. 15-210-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Cpt. Ray Osborn represented the local Issuing Authority, Chief Duane Lovello, Darien Police Department.

Decision:  By majority vote, the Board voted to overturn the decision of the local Issuing Authority and ordered a temporary pistol permit be issued. Acting Chairman Fishbein, Board member Overturf, Greer, Rosensweig for in favor of the appellant, Mr. Kuck voted against the appellant.

11) Case No. 15-191-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Trp. Benzie represented the local Issuing Authority, Sgt. Richard Cournoyer, Mansfield Resident Troopers Office.

Motion:  By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority and ordered a temporary pistol permit be issued.

Secretary’s Report:

Board member Overturf made a motion to accept the October 27, 2016 minutes as written, Board Member Greer seconded the motion, motion carried.

New Business:

Secretary Craig Fishbein resigns as Secretary

Motion made by Mr. Peter Kuck to vote Col. Kyle Overturf in as Secretary seconded by Chief Rosensweig. Motion carried unanimously.

Approval of the 2017 Hearing schedule  Motion made by Kuck to approve the 2017 schedule, seconded by Col. Overturf. Motion carried unanimously.

Adjournment: Board Member Overturf made a motion to adjourn, Board Member Kuck seconded the motion, motion carried. Meeting adjourned at 5:54pm.