Lazurek Complaint

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.


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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.

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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.

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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


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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-


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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: /

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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 \ ~

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Lazurek Complaint

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