MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, October 13, 2016, 10am at the

Wethersfield Police Dept., Wethersfield, CT 06109

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.  13 appellants were present. The State Issuing Authority and 9 local Issuing Authorities were present.

Board Members Present: Craig C. Fishbein, Esq., Ms. Gudrun Johnson, Col. Kyle Overturf, Chief Carl Rosensweig, Dr. Charles Dike, and James Greer, Esq.

Board Members Absent: Chairman Atty. Frank Blando and Mr. Peter Kuck

Acting Chairman Fishbein administered the oath to all witnesses.

Hearings: 13 cases were heard in the following order:

1) Case No. 15-330-D involving the denial of his pistol permit to carry pistols and revolvers. An agreement was reached prior to the hearing. Issuing Authority was not present,

Agreement: An agreement was made prior to the hearing by Chief Armando Perez to issue the appellant his temporary permit.

2) Case No. 15-318-D, involving the denial of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. First Selectman, Richard Ives was present for the local Issuing Authority, Town of Brooklyn.

Withdraw: Appellant withdrew

3) Case No. 14-482-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.. Attorney Jay DonFrancisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with 1 witnesses.

Decision: By majority decision, the Board found in favor of the appellant. Board members Fishbein, Dike, Greer, Johnson, and Overturf voted in favor of the appellant. Board member Rosensweig voted against the appellant.

4) Case No. 16-130-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant, represented by Attorney Ralph D. Sherman, and Heather Desmond representative of the local Issuing Authority, Chief William McKenna, Middletown Police Department with 2 witnesses.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority Chief William McKenna, Middletown Police Department at this time.

5) Case No. 15-372-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Stephen Krzanowski appeared for the local Issuing Authority, Chief Michael Maniago, Torrington Police Department.

Withdraw: Appellant withdrew.

6) Case No. 15-362-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Cpt .Golden representative of the local Issuing Authority, Chief Carl Sferrazza, Enfield Police Department.

Withdraw: Appellant withdrew.

7) Case No. 15-353-D, involving the denial of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.. Off. Cory Caserta represented the local Issuing Authority, Chief Jonathan Fontneau, Stamford Police Department.

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

8) Case No. 15-321-R involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Jay DonFrancisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with 1 witness (appellant).

Agreement: Attorney Jay DonFrancisco asked for a continuance so that the state can subpoena the Milford officer who issued an at risk warrant. The case has been continued until December 8, 2016

9) Case No. 14-516-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman Esq.. First Selectman, Robert Morra represented the local Issuing Authority, Town of Bolton.

Agreement: Town of Bolton will issue permit

10) Case No. 15-151-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.. Attorney Jay DonFrancisco represented the State Issuing Authority, Commissioner Dora B. Schriro, Dept. of Emergency Services and Public Protection with 1 witnesses.

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

11) Case No. 16-251-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant was represented by Atty. Frank Riccio. Sgt. Robert Brown represented the local Issuing Authority, Chief Gerald Narowski, Derby Police Department.

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

12) Case No. 155-073-D, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf, Sgt. Monahan represented the local Issuing Authority, Chief Vernon Riddick, Waterbury Police Department.

Withdraw: Appellant withdrew

Dr. Dike left the meeting at 4:10

13) Case No. 15-352-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant, represented by Attorney Phillip Russell and had 1 witness, and Lt. Weisgerber representative of the local Issuing Authority, Chief Thomas Kulhawik, Norwalk Police Department with 1 witnesses.

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

Secretary’s Report:

Board member Overturf made a motion to accept the September 22, 2016 minutes as written, Board Member Johnson seconded the motion, Atty. Greer abstained, motion carried.

New Business: “Executive Session pursuant to C.G.S. 1-200(6), C.G.S. 1-200(8), and C.G.S. 1-200(9)(C) relative to matter 14-511-D.” Board Member Overturf made a motion to go into Executive Session at 5:20pm to discuss the matter listed, Greer seconded the motion, motion carried. Board Member Overturf made a motion to come out of Executive Session at 5:25pm, Johnson seconded the motion, motion carried. Board Member Johnson made a motion to instruct staff to follow the course of conduct as discussed in Executive Session, Greer seconded the motion, motion carried.

Adjournment: Board Member Overturf made a motion to adjourn, Board Member Johnson seconded the motion, motion carried. Meeting adjourned at 5:35pm.