MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, May 26, 2016, 10am at the

6 Fairfield Boulevard, Wallingford, CT 06492

Call to Order

Chairman Frank P. Blando called the meeting to order at 10:0am.

Chairman Blando read the Introductory Statement and called the roll call. Six appellants were present and one failed to appear. The State Issuing Authority and four local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Craig C. Fishbein, Esq., James A. Greer, Esq., Ms. Gudrun Johnson, Mr. Peter Kuck and Chief Carl Rosensweig.

Board Members Absent: Dr. Charles Dike and Col. Kyle Overturf

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

Hearings: Seven cases were heard:

1) Case No. 15-495-CD, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Detective Bane represented the local Issuing Authority, Chief William McKenna, Middletown Police Department.

*Chief Rosensweig recused himself.

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

2) Case No. 14-450-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 in favor of 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 Kuck seconded the motion, motion carried.

3) Case No. 15-013-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Atty. Philip Russel representing the appellant stated that the local Issuing Authority did not have an issue with the appellant’s absence and agreed to go forward. Det. Anthony Fiscella represented the local Issuing Authority, Chief James Heavey, Greenwich Police Department with two witnesses.

Motion: Board Member Fishbein made a motion to find for the appellant. Board Member Kuck seconded the motion, motion carried. Board Member Greer voted for the local Issuing Authority. Board Members Blando, Fishbein, Johnson, Kuck and Rosensweig voted the appellant and ordered a temporary pistol permit to be issued to the appellant.

4) Case No. 16-199-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection.

Agreement: Sgt. Alex Giannone representing the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection, informed the Board that it was agreed to reinstate the State pistol permit to the appellant.

5) Case No. 15-044-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Chief Douglas Fuchs, Redding Police Department was present as the local Issuing Authority for the Town of Redding with one witness.

Decision: By a unanimous decision, the Board voted to overturn the decision, of the local Issuing Authority Chief Douglas Fuchs, Redding Police Department, and ordered a temporary pistol permit be issued to the appellant. 

6) Case No. 14-524-D, 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.

Decision: By a unanimous decision, the Board voted to overturn the decision, of the local Issuing Authority Chief Brian Gould, Bristol Police Department, and ordered a temporary pistol permit be issued to the appellant. 

7) Case No. 15-101-R, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with two witnesses.

Decision: By a unanimous decision, 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 appellant’s pistol permit be reinstated. 

Secretary’s Report: Board Member Kuck made a motion to table the May 12, 2016 minutes as written, Board Member Fishbein seconded the motion, motion carried.

New Business: Budget Cuts. Board Secretary Fishbein discussed budget chart “FY2106 Other Expenses” provided by Susan, the Office Manager. Secretary Fishbein explained the chart including one-time expenses that cannot be anticipated. The budget cuts and the cost of each meeting results in the Board not being able to meet as often for Administrative hearings. Due to the number of meetings being reduced Secretary Fishbein had instructed the Office Manager to increase the number of cases heard per meeting to 22. Chairman Blando suggested the Board continue with the meeting schedule from July to November 17 and then the Board will review the meeting schedule at that time. It was also discussed the change of the meeting location to Wethersfield starting June 23^rd. Board Member Kuck discussed the Board sending a letter to the Governor’s office regarding effect of the budget cuts on the due process for appellants and his previous court order regarding the Board’s backlog.

Old Business:

Board Member 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 16-125-CD and 16-001-CD. Board Member Greer seconded the motion, motion carried.

Board Member Kuck made a motion to come out of Executive Session, Board Member Fishbein seconded the motion, motion carried.

Board Member Fishbein made a motion to follow the course of conduct as discussed in Executive Session. Board Member Johnson seconded the motion, motion carried.

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