Connecticut firearms board sued over returning Derby man’s pistol permit Case stems from incident on West Haven beach

The commissioner of the state’s public safety department has filed suit against the state Board of Firearms Permit Examiners and a Derby man, appealing the return of the man’s pistol permit in what a state prosecutor had called “a nothing case.”

Scott Lazurek, 36, of 21 Burtville Ave., was a security guard who had had his permit revoked by West Haven police in June 2013. Police had stopped him and a friend on the city boardwalk as they carried their loaded pistols in the open.

Lazurek refused to show his permit, which he was later found to have with him. His friend willingly showed his permit.

A charge of interfering with a police officer was dismissed in July 2013, with Assistant State’s Attorney John Barney telling the court that Lazurek “was just stubborn” and “giving (police) a hard time.”

“It kind of was a nothing case. He had no record,” Barney said at the time.

The state firearms permit examiners reinstated Lazurek’s permit on Aug. 1, 2014, after a hearing, writing that they had found Lazurek “to be a suitable person.”

The commissioner of the state Department of Emergency Services and Public Protection filed suit Sept. 12 to appeal the reinstatement of Lazurek’s permit.

In its appeal, the DESPP said the firearms permit examiners’ decision was “erroneous” because it was “inconsistent with its own precedent and existing law” and “misapplies the statutory standard of review” for appeals.

The appeal also said that defining Lazurek as a “suitable person” “is against the public policy of the State of Connecticut insofar as the defendant refused to allow a police officer to assess the defendant’s open possession of (a) handgun was unlawful and (he) has indicated that he would continue to do so in the future” under similar circumstances. Lazurek acknowledged in a hearing before the firearms permit examiners that he was openly carrying a loaded pistol on “the crowded West Haven boardwalk,” the suit says.

The DESPP’s appeal also called the board’s decision “clearly erroneous” and “arbitrary or capricious or characterized by abuse of discretion.”

Michael Lawlor, Gov. Dannel P. Malloy’s adviser on criminal justice issues, said that what is central to the case is that “the statute that governs this notion of suitability really doesn’t define what suitability means, it leaves it up to the board.”

Lazurek’s attorney in the initial court case, John C. Drapp III of Bridgeport, said in an email that he was not involved in the appeal, but wrote, “having been involved in the criminal court proceedings as well as the administrative proceedings before the Board of Firearms Permit Examiners, both of which were resolved favorably to Mr. Lazurek, I am confident that Mr. Lazurek will again prevail in this third attack on his right to bear arms.”

Lazurek said Thursday in an email response to a request for comment, “I am looking forward to having the state explain what I did wrong.”

Further, a GoFundMe account set up to raise money for Lazurek in the case said he is concerned about it setting a precedent. On the donation site, Lazurek says, “I was stopped for openly carrying my firearm in West Haven and refused to show my permit (invoking) my rights due to no reasonable suspicion,” also citing court cases on open carry and search and seizure.

“I understand that money is tight for everyone although this would be a great way to set precedence in this state and show that this is a open carry state. I made my decision based on my passion for not only my rights but ALL of OUR rights.”

The Connecticut Citizens Defense League Inc. also is supporting Lazurek (a member of the group) saying in a blog post, in part, “CCDL is not involved in this case, but it’s importance to the rights of all gun owners in Connecticut should be obvious.”

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