MINUTES
OFFICE OF GOVERNMENTAL ACCOUNTABILITY
BOARD OF FIREARMS PERMIT EXAMINERS
Thursday, April 7, 2022, 10am at the
DESPP, 1111 Country Club Rd.
Middletown, CT 06457
Call to Order
Chairman Frank P. Blando called the meeting to order at 10:10am.
Chairman Blando read the Introductory Statement and called the roll call. Twelve appellants were present, two appellants failed to appear. Nine local Issuing Authorities were present along with the State.
Board Members Present: Chairman Frank P. Blando, Esq., Secretary Carolyn Futtner Esq., Dr. Cynthia Conrad, Chief Carl Rosensweig and Stephen Sanetti, Esq.
Board Members Absent: Anthony Iaconis, Esq., and Gudrun Johnson, and Col. Chris Lewis.
Chairman Frank P. Blando administered the oath to all witnesses.
Hearings: Fourteen cases were heard in the following order:
1) Case No. 21-577-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Michael Paoletti represented the Local Issuing Authority, Acting Chief Rebeca Garcia, Bridgeport Police Department.
Withdrew: The appellant withdrew her case.
2) Case No. 20-393-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. DESPP Legal Staff Attorney Kate Ayers represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.
Withdrew: The appellant withdrew his case.
3) Case No. 20-386-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. DESPP Legal Staff Attorney Kate Ayers represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection with one witness.
Decision: By a majority decision, the Board voted in favor of the appellant. Chairman Blando, Secretary Atty. Futtner, Dr. Conrad and Atty. Stephen Sanetti voted in favor of the appellant and Chief Rosensweig voted in favor of the State Issuing Authority. Vote was 4-1 in favor of the appellant.
4) Case No. 21-203-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Michael Paoletti represented the Local Issuing Authority, Acting Chief Rebeca Garcia, Bridgeport Police Department.
Withdrew: The appellant withdrew his case.
5) Case No. 20-383-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Kate Ayers represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.
Motion: Board member Atty.Sanetti made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Dr. Conrad, motion passed unanimously.
6) Case No. 20-385-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Kate Ayers represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.
Motion: Board member Dr. Conrad made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Secretary Atty. Futtner, motion passed unanimously.
7) Case No. 21-361-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq. with one witness. Chief Steven Clark represented the Local Issuing Authority, Chief Steven Clark, Newington Police Department.
Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered Newington to issue the temporary pistol permit.
8) Case No. 21-555-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Chief Steven Clark represented the Local Issuing Authority, Chief Steven Clark, Newington Police Department.
Decision: By a majority decision, the Board voted in favor of the appellant. Chairman Blando, Dr. Conrad and Atty. Stephen Sanetti voted in favor of the appellant and Board Secretary Atty. Futtner, Chief Rosensweig voted in favor of the Local Issuing Authority. Vote was 3-2 in favor of the appellant.
9) Case No. 22-313-R, Rachel M. Baird requested a Declaratory Ruling on this case.
First: Declaratory Ruling discussion:
C.G.S. 53-202g (b) states that because a person is in compliance with reporting a firearm when lost or stolen within the allotted time allowed (72 hours) the state cannot revoke the permit.
Three votes were taking during the discussion to determine the Board’s interpretation of C.G.S. Sec. 53-202g.
First vote: Because the appellant complied with General Statutes Sec. 53-202g(a) it was unlawful to revoke his pistol permit based on that Statute given the last sentence in General Statutes Sec. 53-202g(b) saying that he shall not lose his right to a firearm permit in this State due to his compliance with the Statute.
Vote Yes: Futtner, Sanetti, Conrad
Vote No: Rosensweig, Blando
Second vote: The SLFU shall provide to the Appellant at the time when the revocation notice is sent to the permit holder support for its determination that the permit holder who has complied with General Statutes Sec. 52-202g is not suitable.
Vote Yes: Sanetti, Conrad, Blando
Vote No: Rosensweig, Futtner
Third vote: The Board will consider, on an expedited basis appeals from permit holders were revoked after compliance with General Statutes Sec. 52-202g.
Vote Yes: Conrad, Sanetti
Vote No: Futtner, Rosensweig, Blando
9) Case No. 22-313-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant was represented by Rachel M. Baird, Esq. DESPP Legal Staff Attorney Kate Ayers represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.
Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered the State to reinstate the pistol permit.
10) Case No. 21-573-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Det. Joseph Legen represented the Local Issuing Authority, Chief Joseph McNeil, Stratford Police Department.
Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered Stratford to issue the temporary pistol permit.
11) Case No. 21-564-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Det. Joseph Legen represented the Local Issuing Authority, Chief Joseph McNeil, Stratford 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. 21-422-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq. Cpt. Robert Palmer represented the Local Issuing Authority, Chief James Canon, Suffield Police Department.
Decision: By a majority decision, the Board voted to uphold the Local Authority. Chairman Blando, Board Secretary Atty. Futtner, Chief Rosensweig and Atty. Stephen Sanetti voted in favor of the Local Issuing Authority. Dr. Conrad voted in favor of the Appellant.
Vote was 4-1 in favor of the Local Issuing Authority.
13) Case No. 21-453-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Cpt. Robert Palmer represented the Local Issuing Authority, Chief James Canon, Suffield Police Department.
Decision: By a unanimous decision, the Board voted to uphold the decision of the Local Issuing Authority.
14) Case No. 21-600-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Sgt. Kenneth Karoak represented 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.
Secretary’s Report:
Board Secretary Futtner made a motion to accept the minutes from March 24, 2022, seconded by Chief Rosensweig, motion carried.
New Business:
Adjournment: Chief Rosensweig made a motion to adjourn. Seconded by Board Secretary Futtner, motion carried. Meeting ended at 3:55pm.