BFPE: September 7, 2017 Minutes
Minutes

September 7, 2017 Minutes

 

MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, September 7, 2017, 10am at the

Department of Emergency Services and Public Protection

1111 Country Club Rd., Middletown, CT 06457

 

Call to Order

Chairman Frank P. Blando called the meeting to order at 10:05am.

Chairman Blando read the Introductory Statement and called the roll call.  Ten appellants were present, six appellant failed to appear and two cases were resolved the day before the hearing. The State Issuing Authority and nine local Issuing Authorities were present.

Board Members Present: Chairman Frank P. Blando, Esq., Secretary Col. Kyle Overturf,  Dr. William Sledge, Chief Carl Rosensweig, Mr. Peter Kuck, and Mr. James Greer.

Board Members Absent: .Ms. Gudrun Johnson

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

Hearings: Sixteen were heard in the following order:

1) Case No. 16-380-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Bensey represented the local Issuing Authority, Chief Armando Perez, Bridgeport Police Department.

Motion: Board Member Kuck made a motion for the local Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Greer, motion passed unanimously.

2) Case No. 16-336-R, involving the revocation of a 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.

Motion: Board Member Rosensweig made a motion for the State Issuing Authority, due to an outstanding Protective order. Motion was seconded by Col. Overturf, motion passed unanimously.

3) Case No. 16-226-R, involving the revocation of a 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: Chief Rosensweig made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.

4) Case No. 16-220-R, involving the revocation of a 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 Kuck made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Dr. Sledge, motion passed unanimously.

5) Case No. 16-319-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative Lt. Tim Gavallas appeared for the local Issuing Authority, Chief John Gavallas, Watertown Police Department.

Motion: Chief Rosensweig made a motion for the local Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.

6) Case No. 17-568-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Sgt. Art Weisgerber represented the local Issuing Authority, Chief Thomas Kulhawik, Norwalk Police Department.

Withdrew: The appellant withdrew his case

7) Case No. 16-282-R, involving the revocation of a 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 one witnesses.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, and upheld the revocation of the pistol permit.

8) Case No. 16-170-R, involving the revocation of a pistol permit to carry pistols and revolvers. The appellant failed to appear appeared. Sgt. Alex Giannone represented the State Issuing Authority, Commissioner Dora B. Schriro, Department of Emergency Services and Public Protection with two witnesses.

Motion: Board Secretary Col. Overturf made a motion for the State Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.

9) Case No. 16-469-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf.  A representative did not appear for the local Issuing Authority, Chief John Salvatore, Monroe Police Department.

Motion: Board Member Kuck made a motion in favor of the appellant based on the failure of Monroe to appear, seconded by Board Member Greer. Following a discussion, we were told by the appellant that she has moved to another town. Board Member Kuck withdrew his motion along with Mr Greer withdrawing his second.  

Withdrew: The appellant withdrew her case.

10) Case No. 16-473-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant failed to appear.  Off. David Sheehan represented the local Issuing Authority, Chief Matthew Canelli, North Branford Police Department.

Motion: Board Member Col. Overturf made a motion for the local Issuing Authority, by default, due to the appellant failing to appear. Motion was seconded by Board Member Kuck, motion passed unanimously.

11) Case No. 16-465-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on her own behalf.  A representative did not appear for the local Issuing Authority, First Selectman Susan Chapman, Town of New Fairfield.

Motion: Board Member Kuck made a motion in favor of the appellant based on the failure of New Fairfield to appear, seconded by Board Member Greer. Motion passed unanimously.

12) Case No. 16-504-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness.  A representative Tpr Pariseau along with one witness appeared for the local Issuing Authority, First Selectman Kevin Lyden, Town of Salem.

Decision: By a majority decision, the Board voted to uphold the decision of the State Issuing Authority, the denial of the pistol permit. Col Overturf, Dr. Sledge, Atty. Greer and Chief Rosensweig voted against the appellant and Chairman Blando and Mr. Kuck voted in favor of the appellant.

13) Case No. 16-497-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  A representative Lt. Timothy Juergens along with one witness appeared for the local Issuing Authority, Chief Scott Sansom, East Hartford Police Department.

Motion: Board Secretary Col. Overturf made a motion for the Issuing Authority due to the appellant serving a 3 year jail sentence in Puerto Rico; seconded by Board Member Chief Rosensweig. Four Board members approved the motion, Chairman Blando, Chief Rosensweig, Dr. Sledge and Col. Overturf, one opposed the motion, Atty. Greer, and one Board member, Mr. Kuck, abstained the motion. Motion carried by majority.

14) Case No. 17-438-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq.  A representative Sgt. Brian VanNess appeared for the local Issuing Authority, First Selectman Jeff Manville, Town of Southbury.

Decision: By a unanimous decision, the Board voted to uphold the decision of the Local Issuing Authority, the denial of the pistol permit.

15) Case No. 16-496-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  A representative Det. McGlynn appeared for the local Issuing Authority, Chief Joseph McNeil, Stratford Police Department.

Motion: Col. Overturf made a motion to find for the appellant due to lack of evidence to prove the appellant unsuitable, seconded by Mr. Kuck. Motion passed unanimously. 

16) Case No. 16-521-D, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant was represented by Ralph D. Sherman, Esq.  A representative Det. Scott Segar appeared for the local Issuing Authority, Chief Tracey Gove, West Hartford Police Department.

Decision: By a unanimous decision, the Board voted in favor of the appellant and ordered West Hartford to issue him his permit.

 

Secretary’s Report:

Board member Chief Rosensweig made a motion to accept the August 17, 2017 minutes as submitted, Dr. Sledge seconded the motion, motion carried. Col. Overturf and Atty. Greer abstained from the vote.

 

New Business:  Discussion on memorandum of decision from a pending lawsuit.

 

Adjournment: Board Member Kuck made a motion to adjourn, Board Member Greer seconded the motion, motion carried. Meeting ended at 3:15pm.