DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, June 23, 2016, 10am at the

Wethersfield Police Dept., 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. Six appellants were present and 2 failed to appear. The State Issuing Authority and six local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq., James A. Greer, Esq., Mr. M. Peter Kuck, Col. Kyle Overturf* and Chief Carl Rosensweig.

Board Members Absent: Dr. Charles Dike and Ms. Gudrun Johnson

Chairman Frank P. Blando administered the oath to all witnesses.

Hearings: Eight cases were heard in the following order:

1) Case No. 15-070-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Scott Segar represented the local Issuing Authority, Chief Tracy Gove, West Hartford Police Department with one witness, Chief James Kenny, Vernon Police Department.

Continued: It was agreed to continue the case to July 28, 2016

* Col. Overturf arrived after the first case (15-070-D) was heard.

2) Case No. 15-083-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Lazzara represented the local Issuing Authority, Chief John Salvatore, Monroe Police Department.

Motion: Board Member Kuck made a motion to find for the appellant due to inefficiency of evidence from the local Issuing Authority. Seeing no second to the motion, motion failed. 

Motion:  Board Member Kuck made a second motion to find for the appellant due to inefficiency of evidence from the local Issuing Authority. Board Member Fishbein seconded the motion. Board Members Kuck and Fishbein voted for the appellant. Board Members Overturf, Greer, Rosensweig and Blando voted for the local Issuing Authority. By a majority, the Board Members voted against the motion and upheld the decision of the local Issuing Authority.

3) Case No. 14-508-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Motion: Board Member Fishbein made a motion to find for the State Issuing Authority, by default, due to the appellant’s failure to appear. Board Member Kuck seconded the motion, motion carried unanimously.

4) Case No. 15-106-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative appeared for the local Issuing Authority, Chief Thomas Kulhawik, Norwalk Police Department.

Motion: Board Member Fishbein made a motion to find for the local Issuing Authority, by default, due to the appellant’s failure to appear. Board Member Kuck seconded the motion, motion carried unanimously.

5) Case No. 15-169-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Officer Giordano represented the local Issuing Authority, Chief Joel Hurliman, Shelton Police Department with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Joel Hurliman, Shelton Police Department, the denial of a temporary pistol permit, at this time.

6) Case No. 14-511-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Glenn M. Conway represented the appellant. Sgt. Monahan appeared for the local Issuing Authority, Chief Vernon Riddick, Waterbury Police Department.

Continued: The appellant and the local Issuing Authority agreed to continue the case due to scheduling issues and both parties will agree to a future hearing date.

7) Case No. 15-088-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Chief James Kenney appeared as the local Issuing Authority for the Vernon Police Department. 

Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief James Kenney, Vernon Police Department, the denial of a temporary pistol permit, at this time.

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

Continued: The appellant stated the town never took his permit application. Chairman Blando told the appellant to give the local Issuing Authority his application packet and processing fees to Det. Boyko and she agreed to review the application. Should the appellant receive an official denial, the Board agreed to continue the case to Sept. 8, 2016.

Secretary’s Report:

Secretary Fishbein made a motion to accept the June 9, 2016 minutes as submitted, Board Member Kuck seconded the motion, motion carried. Board Member Greer abstained.

Old Business: Secretary Fishbein discussed with the Board members a letter sent by Chief Montminy, Manchester Police Department, dated June 3, 2016. The letter addressed a decision made by the Board in favor of the appellant, Case 15-071-D, at the May 12, 2016 meeting. Secretary Fishbein said the Board could reopen the evidence or meet in Executive Session. Chairman Blando decided the best way to handle the issue was to go into Executive Session including the Board members, the appellant, Sgt. Jeff Foran, Manchester Police Department and staff.

New Business:

Motion: Secretary Fishbein made a motion to go into 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 15-071-D. Board Member Overturf seconded the motion, motion carried unanimously.

Motion: Secretary Fishbein made a motion to come out of Executive Session, Board Member Rosensweig seconded the motion, motion carried unanimously.

Chairman Blando asked the appellant to confirm that he now resided in East Hampton. The appellant confirmed that he had moved and now resides in East Hampton as of Oct. 15, 2015. Chairman Blando stated that the Board had met on May 12, 2016 and made a decision in favor of the appellant ordering Manchester Police Department to issue a permit. The Board had not been informed by the appellant that he had moved from Manchester to East Hampton at the May 12, 2016 meeting. Chief Montminy wrote a letter dated June 3, 2016 that his department had issued a temporary pistol permit but was not aware of the appellant’s change of address until the appellant came back a second time. The appellant had lost his temporary permit and was to receive a replacement temporary permit. It was then that the appellant told the Manchester Police Department that he lived in East Hampton. Chief Montminy asked the Board in light of the new circumstances to rescind the decision to issue a permit based upon the appellant’s change of residency to East Hampton prior to the May 12, 2016 meeting.

Motion: Board Member Kuck made a motion to rescind the decision made by the Board, Board Member Greer seconded the motion, motion carried.

Motion: Board Member Fishbein made a motion to find for the local Issuing Authority based upon the residency issue, Board Member Kuck seconded the motion, motion carried unanimously. Sgt. Foran agreed to help the appellant to apply for his permit in East Hampton.

Adjournment: Board Member Fishbein made a motion to adjourn, Board Member Kuck seconded the motion, motion carried.