March 9 2023 Minutes

PLEASE CONTACT THE BOARD IMMEDIATELY IF YOUR PERMIT WAS ISSUED OR REINSTATED PRIOR TO YOUR HEARING. THIS WILL REDUCE THE BACKLOG.

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, March 9, 2023 10am

Department of Emergency Services and Public Protection

1111 Country Club Rd., Middletown, CT 06457

Call to Order

Chairman Carolyn Futtner called the meeting to order at 10:03am.

Chairman Futtner swore in new member, Col. Kyle Overturf.

Chairman Futtner read the Introductory Statement and called the roll call. Seven appellants were present, five appellants failed to appear. Seven Local Issuing Authorities were present along with the State.

Board Members Present: Chairman Carolyn Futtner, Esq., Dr. Cynthia Conrad, Gudrun Johnson, Col. Chris Lewis, Col. Kyle Overturf, Chief Carl Rosensweig, and Stephen Sanetti, Esq.

Board Members Absent: None

Chairman Carolyn Futtner administered the oath to all witnesses.

Hearings: Twelve cases were heard in the following order:

1) Case No. 22-012-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf with one witness. Acting Chief Kevin Kinahan represented the Local Issuing Authority, Acting Chief Kevin Kinahan, Winchester Police Department.

Decision: By a majority decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit. Chairman Futtner, Ms. Johnson, Col. Lewis, Col. Overturf, Chief Rosensweig voted in favor of the Local Issuing Authority. Dr. Conrad and Atty. Sanetti voted in favor of the Appellant. Vote was 5-2 in favor of the Local Issuing Authority.

2) Case No. 22-155-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. First Selectman Kevin Cwikla represented the Local Issuing Authority, First Selectman Kevin Cwikla, Town of Lebanon, with one witness.

Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered Lebanon to issue the permit. Vote was 7-0 in favor of the appellant.

3) Case No. 21-578-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Dep. Chief Roberto Rinaldi represented the Local Issuing Authority, Chief John Bucherati, Seymour Police Department.

4) Case No. 21-525-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Matt Reed 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 Ms. Johnson, motion passed unanimously.

5) Case No. 21-495-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Matt Reed represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

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

6) Case No. 21-017-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant and Atty. James R. Hardy, II, Esq. failed to appear. DESPP Legal Staff Attorney Matt Reed represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

Motion: Board member Ms. Johnson made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Atty. Sanetti, motion passed unanimously.

7) Case No. 21-558-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Matt Reed represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

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

8) Case No. 21-378-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear. DESPP Legal Staff Attorney Matt Reed represented the State Issuing Authority, Commissioner James C. Rovella, Department of Emergency Services and Public Protection.

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

9) Case No. 22-135-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. James Thurston represented the Local Issuing Authority, Chief Paul Hammick, Bloomfield Police Department.

Withdrawn: The appellant withdrew his case.

10) Case No. 21-881-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Lt. John Schmalberger represented the Local Issuing Authority, Chief Paul Melanson, Avon Police Department.

Decision: By a majority decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit. Chairman Futtner, Ms. Johnson, Col. Lewis, Col. Overturf, Chief Rosensweig and Atty. Sanetti voted in favor of the Local Issuing Authority. Dr. Conrad voted in favor of the Appellant. Vote was 6-1 in favor of the Local Issuing Authority.

11) Case No. 22-095-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Inv. Taylor Zaldivar represented the Local Issuing Authority, Chief Marc Balestracci, Waterford Police Department.

Decision: By a majority decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit. Chairman Futtner, Ms. Johnson, Chief Rosensweig and Atty. Sanetti voted in favor of the Local Issuing Authority. Dr. Conrad, Col. Lewis, Col. Overturf, and voted in favor of the Appellant. Vote was 4-3 in favor of the Local Issuing Authority.

12) Case No. 21-856-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Det. Joseph Legen represented the Local Issuing Authority, Chief Joseph McNeil, Stratford Police Department with 2 witnesses.

Decision: By a majority decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit. Dr. Conrad, Ms. Johnson, Col. Lewis, Col. Overturf, Chief Rosensweig and Atty. Sanetti voted in favor of the Local Issuing Authority. Chairman Futtner voted in favor of the Appellant. Vote was 6-1 in favor of the Local Issuing Authority.

Secretary’s Report:

Board member Dr. Conrad made a motion to accept the minutes from February 16, 2023, seconded by Ms. Johnson motion carried. Vote 4-0-3 for acceptance of the minutes. Col. Lewis Col. Overturf and Atty. Sanetti abstained from the vote.

Old Business: None

New Business: Meeting our new Board member Elbert Gray, III, who will join us at the next hearing, March 23, 2023. Chief Rosensweig nominated Col. Kyle Overturf for Board Secretary, seconded by Dr. Conrad, Col. Kyle Overturf has been voted in unanimously.

Adjournment: Board member Ms. Johnson made a motion to adjourn seconded by Board member Col. Lewis, motion carried. Meeting ended at 1:15pm.

Office of Governmental Accountability Board of Firearms Permit Examiners