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http://www.newburyportnews.com/local/x2117356540/Ruling-on-gun-permit-case
Newburyport News said:April 28, 2014 Ruling on gun permit case
Judge: Salisbury man cannot be denied license due to misdemeanor
By Dave Rogers Staff Writer
SALISBURY — A marijuana possession conviction 41 years ago cannot stop a local man from obtaining a gun permit, a federal judge ruled last week, overturning Salisbury police Chief Thomas Fowler’s decision to deny him a permit for that reason in January 2013.
The suit, filed in U.S. District Court by Michael Wesson along with Thomas Woods of Natick and Commonwealth Second Amendment Inc., claimed that Salisbury and Natick town officials violated the two men’s constitutional rights by denying them access to firearms based on what is now a civil offense rather than a criminal one, according to court documents.
Wesson, 64, was convicted of misdemeanor marijuana possession in Maine in 1973 and paid a $300 fine to resolve the charge without a lawyer.
Woods, 51, paid a $10 fine after he was convicted in 1983 for marijuana possession in Virginia. Neither has been convicted of a felony or any disqualifying misdemeanors in any jurisdiction. Furthermore, neither plaintiff is a current drug user or alcohol-dependent person, the complaint reads.
U.S. District Court Judge Richard Stearns agreed with the plaintiffs’ argument, ruling that the denials infringed upon their Second Amendment right to posses firearms in their home for purposes of self-defense and the right to maintain proficiency in their use.
“The chiefs of police of Salisbury and Natick are ordered to give prompt consideration to any application of plaintiffs for the necessary permits and/or licenses to maintain firearms for self-defense in their homes and, subject to such reasonable restrictions as the licensing authorities may decide to impose, to transport them to lawful location for purposes of practice shooting,” Stearns’ decision reads.
According to the complaint, Massachusetts General Laws prohibits those with a marijuana conviction from being issued gun permits. “Accordingly, Massachusetts has imposed a complete ‘firearm’ ban on plaintiffs and the entire class of persons convicted of marijuana possession no matter when in history the conviction occurred and without regard for whether that person is not a current user of illegal drugs or drug or alcohol dependent,” the complaint reads.
Attorney Jeffrey T. Scrimo said his clients sued the towns and their police chiefs as a way of clarifying that they have been wrongfully denied their right to bear arms.
“Mr. Wesson and Mr. Woods are good men who each made a minor, non-violent mistake when they were young. Both went on to lead successful and productive lives. We felt very strongly that it was wrong that Massachusetts law forever denied them a fundamental right under the United States Constitution on that basis. The court issued a thoughtful and well-reasoned decision that affirmed our belief. We are thankful for the support of Comm2A in this case, and for the individual Constitutional rights we feel are vitally important to protect,” Scrimo wrote in an email Thursday.
Brent Carlton, president and co-founder of the Jamaica Plain-based Commonwealth Second Amendment Inc., said the judge’s decision proves that outdated state statues are vulnerable to change.
“Civil rights litigation is a viable way to regain some of our rights,” Carlton said.
Carlton went on to say that his nonprofit agency, which promotes a better understanding of rights guaranteed by the Second Amendment, picks its battles carefully with the expectation of coming out on top.
“We’re not in this to waste money and create bad case law,” Carlton said.
Reached Thursday, Fowler said Wesson has yet to re-apply for a gun permit.
“But I anticipate he will,” Fowler said.
Fowler added that if not for the current law and his previous conviction, he probably would have issued him the permit on the spot, as Wesson has no previous record and appeared to be reasonable. But Fowler said the judge’s decision could cloud the issue for future applicants until the state updates its permitting laws to recognize the judge’s ruling.
“It’s an interesting case,” Fowler said.
