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April 11, 2019 Minutes

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, April 11, 2019, 10am at the

Wethersfield Police Department, 250 Silas Deane Hwy.

Wethersfield, CT 06109

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.  Ten appellants were present, three appellants failed to appear and one case was continued the day before the hearing. The State Issuing Authority and eleven Local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Col. Kyle Overturf, Board members Carolyn Futtner Esq., Dr. William Sledge, Chief Carl Rosensweig, Gudrun Johnson and Mr. M. Peter Kuck.

Board Members Absent: None

Hearings: Fourteen cases were heard in the following order:

1) Case No. 19-026-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Angelo Stavrides represented the Local Issuing Authority, Chief Jeffry Cossette, Meriden Police Department.

Withdrawal: The appellant withdrew his case.

2) Case No. 18-167-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant did not appear. Det. Michael Evangelisti represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

Continued: This case has been continued to 6/6/19 pending an agreement.

3) Case No. 18-282-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq.  Atty. Jason Buchsbaum represented the Local Issuing Authority, First Selectman Patricia DelMonaco, Town of New Fairfield with one witness (First Selectman).

Decision: By a majority decision, the Board voted in favor of the Local Issuing Authority to uphold the denial of the pistol permit. . Chairman Blando Atty. Futtner, Dr. Sledge, Chief Rosensweig and Ms. Johnson voted in favor of the Local Issuing Authority. Col. Overturf and Mr. Kuck voted in favor of the appellant.

4) Case No. 17-614-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. Det. Michael Evangelisti represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

Motion: Secretary Col. Overturf made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Johnson, motion passed unanimously.

5) Case No. 18-079-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. Det.  Michael Evangelisti represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

Motion: Secretary Col. Overturf made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.

6) Case No. 19-102-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Brian Santa appeared for the Local Issuing Authority, First Selectman Lori Spielman, Town of Ellington.

Motion: Secretary Col. Overturf made a motion for the Local Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Johnson, motion passed unanimously.

7) Case No. 18-655-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Gomes was present for the Local Issuing Authority, Chief Patrick Daley, Norwich Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit. Mr. Kuck recused himself from the vote.

8) Case No. 19-020-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. Heather Desmond was present for the Local Issuing Authority, Chief William McKenna, Middletown Police Department.

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.

9) Case No. 18-592-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Angelo Stavrides represented the Local Issuing Authority, Chief Jeffry Cossette, Meriden Police Department.

Withdrawal: The appellant withdrew his case, moved to New Britain.

10) Case No. 18-600-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq.  Lt. Heather Desmond was present for the Local Issuing Authority, Chief William McKenna, Middletown Police Department.

Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered Middletown to issue the temporary pistol permit.

11) Case No. 18-518-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Kenneth Keroack appeared for the Local Issuing Authority, Chief Fernando Spagnolo, Waterbury Police Department.

Decision: By a unanimous decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit.

12) Case No. 19-446-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Luis Rivera appeared for the Local Issuing Authority, Acting Chief Otoniel Reyes, New Haven Police Department.

Continuance: This case has been continued to June 6, 2019.

13) Case No. 19-010-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Sgt. Robert Brown represented the Local Issuing Authority, Chief Gerald Narowski, Derby Police Department.

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.

14) Case No. 17-645-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf.  Lt. David Emerman represented the Local Issuing Authority, Chief Ed Lennon, East Haven Police Department.

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.

Secretary’s Report:

Board member Atty. Futtner made a motion to accept the minutes from March 21, 2019, seconded by Dr. Sledge, motion carried. Col. Overturf and Mr. Kuck abstained.

New Business:

Vote on reconsideration 5-2 on not hearing these cases.  Chairman Blando, Col. Overturf, Atty. Futtner, Chief Rosensweig and Ms. Johnson voted to not hear the cases and Dr. Sledge and Mr. Kuck voted to hear the cases. Motion was in the majority to not hear the cases.

Adjournment: Secretary Col. Overturf made a motion to adjourn. Seconded by Board member Johnson, motion carried. Meeting ended at 3:45pm.