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8/10/2019 Lazurek Complaint
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RETURN DATE: OCTOBER 14, 2014
COMMISSIONER,
STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY
SERVICES AND PUBLIC PROTECTION
Plaintiff
v
BOARD OF FIREARMS PERMIT
EXAMINERS AND SCOTT LAZUREK
Defendants.
SUPERIOR COURT
JUDICIAL DISTRICT OF
N W
BRITAIN AT
N W
BRITAIN
SEPTEMBER 12 2014
PETITION
OR
DMINISTR TIVE PPE L
TO THE SUPERIOR COURT for the Judicial District
of
New Britain at New Britain,
on September 12, 2014, comes the Commissioner, State of Connecticut, Department of
Emergency Services and Public Protection appealing from a final decision
of
the Board
of
Firearms Permit Examiners, mailed
on
August
1
2014 in docket
no.
14-119-R, pursuant to
Com1ecticut General Statutes 29-32b(f)
and
4-183 and complains and says that:
1.
The plaintiff is the Commissioner, State
of
Connecticut, Department
of
Emergency
Services and Public Protection, an agency of the State of Com1ecticut, with its principal offices
located at
1111
Country Club Road, Middletown, CT 06457.
2. The defendant, Board
of
Firearms Permit Examiners ( BFPE ), is a State board
charged with appeals from persons aggrieved by decisions of issuing agencies to revoke, refuse
to issue or renew permits for the sale or possession of pistols or revolvers. t has a principal
office located at 20 Trinity Street,
5th
Floor, Hartford, CT 06106.
8/10/2019 Lazurek Complaint
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4. The defendant, Scott Lazurek, is an individual who was in possession of a firearms
permit from 2009 until June 27, 2013. Mr Lazurek resides at 21 Burtville Avenue, 2nd Floor,
Derby, CT 06418.
5. On June 2, 2013, at approximately 9 p.m. defendant Lazurek was walking
on
the
boardwalk in West Haven, Connecticut with another individual Timothy Jones.
6 On June 2, 2013, both
Mr
Lazurek and his companion Jones were
each
walking on
the boardwalk with an exposed loaded pistol on their hips.
7. On June 2, 2013, two uniformed West Haven police officers who were patrolling the
crowded boardwalk asked defendant
Lazurek
and his companion Jones to show their pistol
permit in order to confirm that they were legally carrying their pistols. Jones complied with the
request, and was permitted to proceed. However, defendant Lazurek refused to show his pistol
permit to the officers to enable them to ascertain whether he was legally carrying his firearm.
8 The officer placed Lazurek under arrest and transported him to the West Haven Police
Department for processing.
9 At the police station, an inventory ofLazurek s property revealed his pistol permit and
a further check confirmed that the permit was valid. Lazurek was charged with interfering with
a police officer pursuant to Conn. Gen. Stat. 53a-167a.
10. On June 27, 2013, the Commissioner of Public Safety revoked Lazurek s pistol
permit.
11. The criminal charges against Lazurek were dismissed on July 9, 2013.
12. On August 16, 2013, Lazurek filed an appeal of the revocation of his pistol permit to
the Board of Firearms Pe1mit Examiners.
2
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13. On July 24, 2014, the Board conducted a hearing, at which time Lazurek testified
and admitted that he was openly carrying a loaded pistol
on
the crowded
West Haven
boardwalk.
Lazurek
further admitted the he refused to allow the police officer to determine whether he was
carrying a valid
pennit
by producing a
copy of
that permit.
14. At the hearing, Lazurek testified that given the same set of circumstances he would
respond in the same fashion and would again refuse to enable officers to ascertain whether he
was
legally carrying his weapon.
13. In a written decision mailed to the Commissioner
of
Emergency Services and Public
Protection on August
1
2014, the Board reinstated Lazurek's permit. The final decision is
appended hereto as Exhibit A.
14. The plaint iff has exhausted all available administrative remedies.
15. The plaintiff is aggrieved by said final decision in that substantial rights
of the
plaintiff have been prejudiced by the Defendant Board.
16. The Final Decision is erroneous in one or more
of
the following ways:
a. The BFPE decision is inconsistent with its
own
precedent and existing law;
b. The
BFPE
decision misapplies
the
statutory standard
of
review established for
consideration of appeals from the revocation of handgun permits; and/or
c. The
BFPE s
decision that Lazurek is a suitable person to possess a
handgun
permit,
under the circumstances, is against the public policy
of
the State
of
Connecticut insofar as the
defendant refused to allow a police officer to assess whether the defendant's open possession of
handgun was lawful and has indicated that he would continue to do so in the future.
3
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17. The defendant
BFPE s
administrative findings of fact, conclusions of law, decision
and order are:
a
in violation
of
constitutional or statutory provisions;
b. in excess of the statutory authority of the agency;
c
made upon unlawful procedure;
d affected by other error of law;
e clearly erroneous in view of the reliable, probative, and substantial evidence on
the whole record;
f arbitrary or capricious or characterized by abuse of discretion or clearly
unwarranted exercise of discretion; or
g against public policy
WHEREFORE
the plaintiffs respectfully respect the Court to reverse the decision of
the defendant BFPE, remand the matter for fu1iher appropriate proceedings consistent with the
Court s decision, and/or to grant such other relief as may be deemed appropriate.
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BY:
PLAINTIFF
Commissioner,
State ofConnecticut,
Department
of
Emergency Services
and Public Protection
GEO
R
E JEPSEN
ATTORNEY GENERAL
110
Sherman Str
eet
Hartford, CT 06105
Te
l: 860) 808-5450
Fax:
860) 808-5591
Juris No. 433779
E-Mail: steven.barry@ct
gov
8/10/2019 Lazurek Complaint
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EXHIBIT
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1 .
STATE OF CONNECTICUT
BOARD
OF
FIREARMS PERMIT EXAMINERS
20
Trinity
Street, th Floo1'
Hartford, Com1ecticut 06106
1-860-256-2977
August 1, 2014
0002
992'1
_ 5bl
_ _
7012 34h0 - - - - - - -
Commissioner Dora B. Schl'lro
Department
of
Emergency
Setvices
and Public Protection
SLFU
Attn.
Det.
Imbimbo
1111 Countty Club
Rd.
Middletown,
CT 06457-
Re:
Case No. 14-ll9-R, Scott Lazurek, DOB 9/3/1978
Dear
Commissioner
Schriro,
AttheJuly24,
2014 meeting
of
he
Board
ofFirearms
Pennit
Exarninel'S pursuant to Section
29-32b of he General Statutes
of
Connecticut,
as
amended, the Board considered the appeal
of
Mr Scott Lazurek.
The
Board
has
found
the appellant to be
a suitable person
and have ordered
a
State
pistol
permit to be reinstated.
Mr.
Lazurek
is
directed
to
contact
the
Special
Licensing
and
Firearms
Unit
at
the
Department
of
Emergency Services and Public Protection, 860-685-8285, to implement the order
of
he
Board.
Sincerely,
' C.
FISHBEIN, ESQ.
-etary of he Board
c:
Scott Lazurek
Through his Attorney
John
C. Drapp,
III,
Esq.
144 Golden Hill St. Suite 204
Brldgepol' , CT
06604-
8/10/2019 Lazurek Complaint
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OFFICE
OF
GOVERNMENTAL
ACCOUNTABILITY
BOARD OF FIREARMS PERMIT EXAMINERS
20
Trinity Street,
5th
floor
Hartford, Connecticut 06106
EDLO
1 :3
Q.03
. Hearing: July 24, 2014 at lO:OOam or as soon thereafter as the matter may be reached.
Case No:
14-119-R
Appellant:
Scott Lazurek
Appellant s Attorney: John
C. Drapp, HI,
Esq
Issuing Authority:
Commissioner
Dora
Schrlro, Department of Emergency Services
an
Protection
D.P.S Attorney: :D 1
.1i \__:: >.:>civi
c ro
Revocation Date:
6 27
2013
Received initial appeal letter: 8 19 2013
Received Questionnaire: 8 19 2013
Witnesses:
Exhibit
A
Issuing Authority Questionnaire
Exhibit 1:
Appellant Questionnaire
Members Attendance:
Bernstein
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O v e r t u r f ~ o s e n s w e g ~
Members Vote: /
u c k ~
'r"
B e r n s t e i n \ \ ~ ) Blando': S:_\'.\
Fishbelnjj__Greer -Johnson:'l".f\
KuckM_
O v e r t u r f ~ R o s e n s w e l g : : t : . t \ ~
/