Professional Documents
Culture Documents
: HHB-CV-14-6026730-S
COMMISSIONER
STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY
SERVICES AND PUBLIC PROTECTION
SUPERIOR COURT
v.
The defendant, Board of Firearms Permit Examiners, hereby files, with the court
and with the plaintiff, a proposed certified list of papers in the record as set forth in CGS
4-183(g), as follows:
1.
Appellant Questionnaire
2.
3.
Hearing Notices
4.
5.
6.
Letter of Reinstatement
7.
8.
* These materials have been requested. However, these materials will be provided in
a supplemental to the Proposed Certified List.
-- ----
Respectfully submitted ,
DEFENDANT,
BOARD OF FIREARMS PERMIT EXAMINERS
GEORGE JEPSEN
ATTORNEY GENERAL
JfuOALrl 1.
VaA1~
BY:
DeAnn S. Varunes
Assistant Attorney General
Juris No. 427037
11 O Sherman Street
Hartford , CT 06105
Tel: (860) 808-5450
Fax: (860) 808-5591
E-Mail: deann.varunes@ct.gov
CERTIFICATION
I hereby certify that a copy of the foregoing was mailed to the following on this
7th day of November, 2014:
/J1QA/l
v~ -
DeAnn S. Varunes
Assistant Attorney General
2
CERTIFIED LIST
ATTACHMENT 1
STATE. OF CONNECTICUT
DEPARTMENT OF EMERGENCY SERVlCES
AND PUBLIC PROTECTION
DIVISION OF STATE POLICE
Special Licensing 8' Firearms Unlt
06/27/2013
SCOTT R LAZUREK'
Dear Sir(Madam:
. Your 11 Pennft to Carry.Pistols or. Revolvers 11 -is revokedJ effective inunediately> as n lesult ot'your tnvolvemeut .
in an incident investigated by: West Haven Police Department, Case Number: 2013021495 INTERFERING,
Dote: 06/02/2013,
If you still have possession of the permit, Connecticut Generttl Statutes Section 2932, requires that you return
said permit to the Connecticut State Police Special Licensing & Fireanhs Unit,' 1111, Counby Club Road,
Midcllelown, C'J' 064'5'19294.
.
Tf for ri_ny reason you no longer posseSs the pennit (011 f!llY duplicate pennits)i you n1ust sub1nit' a 1v!'itten1
notarized staten1ent that st~tes:
' .
'
(1)
You are a'varc the Penn.it ls revoked,
(2)
The reason you are unable to return the permit.
Iffor any reason you locate the permit, you will return it immediately to the Connecticut State Police
(3)
Firearms Un1t,
'
.You MUST do this even if your pennit ws confocated by !lie' state Police or a rrnmicipa\ police agency. Any
such confiscation must be reported to this office.
Per CGS 29~32) any person \Yho fails to sutTender such permit \Yi thin five (5) Qays of receipt of this notification ,
shall be glllltyof a Class C Misdemeano1'.
To appeal th~.s rovocat!on; contact The Board ofFlrOanns PermltExaminen~, State Office Bldg. 1 2o Trinity St
Ha1tford, CT 06106.(Tel. 860-256.Q.977). You have niuety'(90) days from tl1e receipt of this letter iii which to
file such an appeal. As your appeal l'ight will lapse at the end ofnincty days, it recommended tliat you protect
, thi'.. rlgl1t by contacting the Board no matter what the circumstances of this revocation might be.
.
is
Sinccrcl)r,
RoubenP. Bradford
Cormuissioner
.Cf.
BY:
.
(860) 685-8285
I'bt;ne: (!lt>0)-6858:1,90 Firearms/Permits (860)-685-8160 Lkenslng Fax: (860)-,6858496
Middletown, CT 06457-2389
An Afjlrmafive Aci/011/Eqllffl Opportunity Employer
www.ct.gov/dps
CERTIFIED LIST
ATTACHMENT 2
Pagel of4
Appellant Questionnaire
CASE
[\-\ - \ \
1. NAME
C\ +- R_
Scott
R.
(First)
Lazurek
2. HOME ADDRESS:
3, Mailing Address, If different from home address or the address of your attorney,
(optional)
c/o Drapp & Jaumann, LLC, 144 Golden Hill Street, Suite 204, Bridgeport, CT 06604
- - ..
(City or Town)
5. Telephone number where you can be reached or a message left by the Board office:
Home ( _ _ _ ) _______,, ______ . . __
__
Work (
)
____ _
Cell C21l.~ __ )_9_ss_-9_1_0_1_ _ __
-~
Where ______
8, EMPLOYER:
Name
Carriage
Address;
limo Service
Oxford
CT
06478
-----~--~
(City or Town)
9. Have you ever held a permit or license to carry a pistol or revolver? _ _Y_e_s_
(Yes/No)
If "Yes"
When ___J_u_ne_2~0~09,---,-~-~Where~_c_o_n_ne_c_lic_u_t_ _ _ _ _~~~~--(Mo.)
(Yr,)
(State)
10. Have you ever flied an appeal with the Board prior to this appeal? ~lf so what was
the result?
8/12/2013
Page 2 of 4
If you are appealing a permit REVOCATION, you may skip Questions 11, 12 & 13
11. Where did you apply for the permit you are now seeking?
-------
(Borough, Town,)
(State)
---
---------------~~----~--------------
14. Give Name of the Police Department or First Selectman who revoked /denied or failed to
issue a permit:
Department of Emergency Services and Public Protection, Division of Stale Police, Special Licensing & Firearms Unit
- - - - -..- -.. - - - - - - - - - -
16. What Is the date that you where notified of the denial or revocation:
Leiter dated June 27, 2013
---
(Month)
(Day)
(Year)
17, How did you learn of the denial or revocation (Check One):
In Writing.
X
Phone call
Other_ __
request the Board reinstate my pistol permit as I have done nol11lng warranting lls revocation, particularly In light of the dismissal
of the criminal charge.
~~~
Your signature;_..;::'.;~~<-::::'. ~-
- - - - Date
-3-
http://www.ct.gov/bfpe/cwp/view.asp7a=3291&Q=4I9136&pp=l2&n= 1
8/12/2013
NAME
Page 3 of 4
Scott R, Lazurek
ARREST HISTORY
Include all arrests, violations, and infractions within or outside this state,
CHARGE
-~"'-"
DATE
DISPOSITION
--
..,~
...
--
CHARGE
DISPOSITIO=cN,-'---~D"'A_c_T'"'E'-----
None
---------+---------j----------+----------1
t---"----------f-----------1---- -----+-------------1
The foregoing Information Is full and complete. r understand that Section 29-29 of
the Connecticut General Statutes, as amended, provides that no permit shalf be
Issued unless fulf information concerning my criminal record (ff any) has been
given t;? the lss!!Jflg authority.
~~z;:::.--~-c;?
--..,
~~...-___ ... e
August12,2013
/jif}ntlliitU~m-~----
c ..,-~
Date
http://www.ct.gov/b~ie/cwp/view.asp?a=329 l&Q=419I36&pp=12&n= J
8/l2/2013
CERTIFIED LIST
ATTACHMENT 3
l
i
'
STATE OF CONNECTICUT
OFFICE OF GOVERNMENTAL ACCOUNTABILITY
BOARD OF FIREARMS PERMIT EXAMINERS
20 Trinity Street, 5th Floor
Hartford, Connecticut 06106
Tel: 1-860-256-2977
Fax: 1-860-256-2997
www.ct.oov/bfoe
09/16/2013
Scott R. Lazurek
Thrnugh his Attorney
John Drapp Ill
144 Golden Hill St. Suite 204
Bridgeport, CT 06604
Case # 14-119-R
Dear Mr./Ms, Lazurek,
The Board is in receipt of your appeal letter and appellant questionnaire, The Bomd sets a tentative hearing date
for this appeal to be heard. However, the elate is subject to change at the discretion of the Board.
Yom new tentative hearing dnte: 09/04/2014
You may review changes to the hearing date on the Board's website:
http://www.ct.gov/bfoe/cwp/view.asp?a=3598&Q=4 (8410 or http://www.ct.gov/bfoe
When your case is ready to be heard, a final Hearing Notice will be sent by Certified Mail, with the
Hearing date, time, location and instructions about the hearing,
Ifyom permit was revoked and it directly affects or deprives yo\\ of your job, where you are presently
employed, please contact the Board immediately, 860-256-2977. Be ready to prnvidc the Board with
documentation that shows proof of your present employment.
The only documents required are the initial appeal letter and appellant questionnaire. For those persons who
have been admitted to a hospital/emel'gcncy !'oom under a risk warrant, you are also required to submit a copy
of the hospital discharge instructions.
In addition to the documents required, you may also want to submit copies of dociunents such as DD-214
military honorable discharge certificate, a favorable job evaluation OI' thank you letters from people or
organizations you may have volunteered assistance, to be included a pa1t of your file, However, reference letters
must be addressed "To the Boal'd of Firearms Permit Examiners" and specifically speak to the appellants denial
or the revocation ofa pistol permit, Letters addressed to "To Whom It May Concern" will not be accepted by
the Board. You must notify the Board if you have a change of address or phone tl\1mber.
1. You, together with yom witnesses if any, should be at the hearing fully prepared to testify under oath as to all
facts and information pertinent to the matter.
2. All witnesses are subject to examination by the members of the Board and cross-examination by the opposing
party or his attorney,
3. Notice of reasons for denial. You, as the Issuing Authority, are required to provide to the appellant named
above, at the address shown, the specific reason's you denied the appellant a permit. This information must
be in the hands of the appellant no later than 10 days before the date of the hearing. It is recommended
that. the information be sent by certified mail. (See enclosed doc11ment.)
4, Additional Copies. Please send or fax a copy of the information sent to the appellant also to the Board. Fax:
860-256-2997
5. Insufficient Notice. The Issuing Authority's reasons for denial must clearly state the specific substantive
reasons for denial. Concluso1y statements such as "not suitable" are insufficient. The Board has consistently
ruled that the appellant has a right to know what it is that he or she must prepare to defend against.
6. Documentary Evidence. Any documents, photographs or other tangible items you intend to offer as evidence at
the hearing must be sent to the appellant, the SLFU, and the Board in advarrce of the hearing preferably at the same
time as the information mentioned in number 3 above. The Board has generally ruled that the appellant should not be
caught by 'surprise' and be unable to prnsent a defense to the allegations against him or her. If the reason for denial
is an intentionally false or incomplete entry on the application form, a copy of the application must also be provided.
7. If you have documents, that you want the Board to consider and you have not faxed or mailed at least 2
days before the hearing, then you will need to bring 10 copies of each. Board's fax number is 860-256-2997.
8. Prnsence ofissuing Authority. The Board is interested in hearirrg pernonally from you as the Issuing Authority so
that we may understand yom concerns and the reason why you believe an applicant is unsuitable. Moreover, a
person appealing your decision has the right to cross-examine you and each ofyou1 witnesses personally. It is
therefore impo1tant that you and they be personally present at the hearing, whether or not either of you is represented
by counsel.
SCHEDULING
The Board's hearing sessions typically last into the mid to late evening hours. While the law requires that you
provide the information to the appellant no later than 10 days before the scheduled hearing date, in an attempt to
encourage very early submission of the required materials, we will place the hearings scheduled for a given day
on the agenda and hear those cases in the order in which the Board receives your compliance.
CONCLUSION
Thank you for yom anticipated compliance with these prncedures. We strive in each case to hold fair and
impa1tial hearings in Ol'der to implement the statutes of this State in a manner consistent with due process and
the rnle of law.
Sincerely,
C. FISHBEIN, ESQ.
retary of the Board
'
I;
Scott Lazurek
Tlll'ough his Attorney
John C. Drapp, Ill
144 Golden Hill St. Suite 204
Bridgepo1t, CT 06604-
. 1. The Board has introduced some new procedures to address both the backlog of pending cases
and the reduction in our staff and funding resources. Please note all of the procedures outlined
below:
2. Special Rule for Medical anti Psychological Denials. If the reason for denial is a history of
mental or medical issues, including but not limited to homicidal or suicidal ideation, you should
brirtg 10 copies of any relevant medical, psychiatric, psychological, or other clinical records
which detail' your examination, diagnosis, comse of treatment, and the discharge instructions
from your doctor or staff at the hospital. The Board is unable to obtain these records on its own
given its staffing, funding, and time constraints. The Board considers unresolved psychological
issues as particularly relevant to our statut01y obligation in determining your suitability to carry a
pistol or revolver outside your place of residence or business.
3. You together with your witnesses, if any, should be at the hearing fully prepared to testify
under oath as to all facts and info1mation pertinent to the matter.
4. All witnesses are subject to examination by the members of the Board and cross-examination
by the opposing patty or his attorney.
5. You must bring l 0 copies of any documents, letters or exhibits that you want to be considered
by the Board on the day of the heal'ing. Documents, letters or exhibits that do not have 10
copies will not be accepted into eviclonce. If you have already mailed documents, letters or
exhibits prior to the hearing date, the l 0 copies wiJI be made by out office staff.
6. Under the Jaw, all appeals hearings of the Board arc required to be conducted in an informal
manner, but othenvise acco1ding to the rules of evidence. The issuing authorities, as well as you,
the appellant, are entitled to a fair and impartial hearing. The hearings before the Board are open
to the public, to the press, and to other news media,
7. Statements, letters and references submitted should be addressed to the Board of Firearms
Permit Examiners and specifically speak to the appellant's application fo1 a pistol permit. Letters
addressed to "To Whom It May Concern" will ru!! be accepted by the Board.
CONCLUSION
Thank you for yotl!' anticipated compliance with these procedures. We strive in each case to hold
fair and impattial hearings in order to implement the statutes of this State in a manner consistent
with due process and the rule of law.
Sincerely,
C. FISHBEIN, ESQ.
retary of the Board
CERTIFIED LIST
ATTACHMENT 4
STATE OF CONNECTICUT
BOARD OF FlllliARMS PERMIT EXAMINERS
To be mailed to the appcllnnt for infoi-nn1ti(l11 only) at least 10 days prior to the hea1ing in com1ectl'on \Vith an appeal lo be
emlsidered by the Boarcl.pursnant to the provisions of Seerton 29-32b(e) of the General Simnlos of Connecticut, as amended.
NOTE: lf thcappef\J relates to a Revocation rather than to a non~issuance, you may omit responses to questions 1, 21 3, 5, 61 and
7 on the Questionnaire. H<J\Yever, please be sure to iufonn us fully as to the reasons for the Revocation of the Appellan~s pe11nit.
PERMIT#'. -
-------------~-
l,
:I.
\Vhat form of applle111ion did yo11 require ofthe appeliant (please send the completed appltcatlon, or a tme and complete
copy t.hereof1 to the Board with this Questionnaire when completed)?
3.
~at
4,
5.
Cl.o..ft(}'.UnJ.ml~ K>'s~
f'oun 2'
The FBI?
WJ1cn? ______
(Date)
(b)
When?~---
(Date)
6.
7,
Copy attached for Board {Jf Firearms and Penn it nxa1niners, if applfoable.
Telephono 860-256-2977
20 Trinity St. 5"' Floor, Hartford CT 06106
An Equp/ Opportunity E1i1ployer
g,
State lhc reasons (a) for your refusal or failure to fu111ish the appellant \VJrh an application, or (b)
fbr your refus11l or failure 10 issue the requested permit to the appeUant, or (c) for your revocation
of the appellant .~ penni4 as the case tni'.IY be (be speCific ~a mere recitation that the appclh1nt is
11ot a su itabtc person fs insufficient.)
1
i .''
9.
State hero any other lnf'onnation or ki101v!edgo you have 'vhich you feel should be oonsldcrcd by
the Board at the heerl11g; fol' e'ample, if you know anything about 1he appellant which, in your
oplnlon 1 ,yould be a just and proper cause to deny a pennil to tho appellant, explain, olenrly and
concisoly1 the nature of that" infonnation or kno\vfodgo.
Upon cotnpktloni thJs Qllestionnrifre alld flflY acco1npnnylng docu1nents should be faxed to (860)-256-2997
or mailed to;
STATE OF CONNECTICUT
Board Of Firearms Pen11i! DxmnJners
20 Trinity St, 5th Floor
Hartford Connecticut 06106
Upo11 ao1npletlon 1 mall th!$ questlonuaire, the perm ft nppl!cntion 11nd any supporting documents to
the nppeUant1s home ndd1ess, or tLI.e attorney repieseu1ing ihc appellanti at least 10 days 1.JriOr to the
hearing In eccordance with C.G,S. Z9-32b (c)
Telephone 860-256-2977
20 Trinity St. ~ l'loor, Hartford CT 06106
An Equal Oppor/unlly Employer
CERTIFIED LIST
ATTACHMENT 5
Hearing: July 24, 2014 at 10:00am or as soon thereafter as the matter may be reached.
case No: 14"119-R
Appellant: Scott Lazurek
Appellant's Attorney: John c. Drapp, III, Esq
Issuing Authority: Commissioner Dora Schriro, Department of Emergency Services an
Protection
D.P.S Attorney:
'D 1 ~ \<l.,">-'.'>qvt
d.ro
Members Attendance:
Bernstein
Kuck'v
Overturf_~Rosenswelg~
Members Vote:
\
~
'y
'\o
\ (j\
\~
'\:, i
\.
\,1 \
\',
CERTIFIED LIST
ATTACHMENT 6
CERTIFIED LIST
ATTACHMENT 7
CERTIFIED LIST
ATTACHMENT 8
STATE OF CONNECTICUT
BOARD OF FlllliARMS PERMIT EXAMINERS
20 Trinity Street, 5U 1 Floor
August 1, 2014
Commissioner Dora B. Schriro
Department of Emergency Services and Public Protection
SLFU /Attn, Det. Imbimbo
1111 Country Club Rd.
Middletown, CT 06457Re: Case No. 14-Jl9-R, Scott Lazurek, DOB 9/3/1978
Dear Commissioner Schl'iro,
At the July 24, 2014 meeting of the Board ofFireanns Permit Examiners pursuant to Section
29-32b of the General Statutes of Connecticut, as amended, the Board considered the appeal
of Mr. Scott Lazurek.
TI1e Bom'<l has found the appellant to be a suitable person and have ordered a State pistol
pennit to be reinstated,
Mr. Lazurek .is directed to contact the Special Licensing and Firearms Unit at the Dcpatiment
of Emergency Services and Public Protection, 860-685-8285, to implement the order of the
Board.
Sincerely,
~FI~HBE~,ESQ.
S~~fthe
Board
C
c:
Scott Lazutek
Through his Attorney
John C. Drapp, Ill, Esq.
144 Golden Hill St. Suite 204
Bddgepo1t, CT 06604-