DRAFT MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, March 24, 2016, 10am at the

6 Fairfield Boulevard, Wallingford, CT 06492

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. Eight appellants were present. 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, Ms. Gudrun Johnson.

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

Hearings: Nine cases were heard in the following order:

1) Case No. 14-229-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Det. Terri Boyko from the local Issuing Authority, Bristol Police Department, did not appear but sent a letter recommending a permit be issued. 

Motion: Board Member Greer made a motion in favor of the appellant. Board Member Kuck seconded the motion. The Board ordered a temporary pistol permit be issued to the appellant. * Board Member Fishbein arrived after this case was heard and did not participate or vote.

2) Case No. 15-013-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Law Clerk Michael Thomas, appeared on behalf of Attorney Russel to ask for the case to be rescheduled due to an office emergency. Three Greenwich police officers appeared for the local Issuing Authority, Chief James Heavey, Greenwich Police Department.

Rescheduled: Greenwich Police Department did not have an objection to rescheduling and the Board agreed to add the case to the May 26, 2016 agenda.

3) Case No. 16-003-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf. Sgt. Monahan appeared for the local Issuing Authority, Chief Vernon Riddick, Waterbury Police Department.

Motion: Board Member Kuck made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable. Board Member Fishbein seconded the motion, motion failed.

Motion (2): Board Member Overturf made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable and noted that it had been 13 months since the appellant had submitted his application and had not received a response. Board Member Kuck seconded the motion, motion carried unanimously.

4) Case No. 14-558-R, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Frank J. Riccio, II, represented the appellant. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with two witness.

Decision: By a majority, the Board voted to overturn the decision of the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, and ordered the State permit to be reinstated. Board Member Fishbein recused himself. Board Member Greer voted for the State Issuing Authority. Board Members Blando, Kuck, Overturf and Rosensweig voted for the appellant.

5) Case No. 14-368-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 for the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, by default due to the appellant’s failure to appear. Board Member Greer seconded the motion, motion carried unanimously.

6) Case No. 14-211-R, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Mark R. Zeck represented the appellant. Chief James Campbell appeared as the local Issuing Authority for the town of Thomaston.

Decision: By a majority, the Board voted to overturn the decision of the local Issuing Authority. Board Member Rosensweig voted for the local Issuing Authority. Board Members Blando, Dike, Fishbein, Kuck and Overturf voted the appellant and ordered a temporary pistol permit to be issued to the appellant.

7) Case No. 16-070-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. Atty. Ralph Sherman appeared for the appellant. First Selectman Christopher Bielik appeared as the local Issuing Authority, for the town of Beacon Falls.

Rescheduled: It was agreed by both parties due to a witnesses schedule that the case would be added to April 28, 2016.

8) Case No. 15-043-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Salmeron represented the local Issuing Authority, Chief Dean Esserman, New Haven Police Department.

Motion: Board Member Fishbein made a motion to find for the appellant due to the Issuing Authority failing to present evidence or facts that prove the appellant is unsuitable. Board Member Greer seconded the motion, motion carried unanimously. The Board ordered a temporary pistol permit be issued.

9) Case No. 15-008-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Marck Juhola represented the local Issuing Authority, the town of Montville.

Motion: Board Member Fishbein made a motion to find for the appellant, Board Member Kuck seconded the motion, motion carried.

Secretary’s Report:

1)     Secretary Fishbein made a motion to accept the February 25, 2016 minutes as written, Board Member Kuck seconded the motion, motion carried. Board Member Greer abstained.

2)     Secretary Fishbein made a motion to accept the March 3, 2016 minutes as written, Chairman Blando seconded the motion, motion carried. Board Member Overturf abstained. 

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