Comm2A Sues Boston Police over Passports

[Comm2A]

Yesterday Comm2A filed for a temporary restraining order against Boston Police Commissioner William Evans in order to force the department to accept valid US passports as proof of US citizenship. Currently, BPD requires firearms license applicants to provide either a US birth certificate or certificate of naturalization in order to prove they're US citizens. Phuong Ngo derived his citizenship as a minor child when his father was naturalized. As such he has neither a US birth certificate or naturalization certificate and is unable to acquire either.

Enjoy:
Complaint
TRO Memo

 

[M1911]

Go get 'em!

I would love to watch the city's attorney try to explain to a judge why a valid US Passport is not proof of citizenship.

 

[JCV]

good luck guys!

 

[JFR2]

I think that should be William Evans???? Pls verify.


-JR

 

[yanici]

Looks like a chicken dinner there. I hope the legal fees are fair, equitable, and large.

 

[Knuckle Dragger]

I think that should be William Evans???? Pls verify.

-JR

You're correct - it's been fixed. At least our attorneys know their elbows from you know what.

 

[Erichkruger]

Finally my friend gets to put his case up. Thank you guys at Comm2a.

 

[soam]

I think that should be William Evans???? Pls verify.

-JR

The complaint and memo both say William Evans, so I'm guessing you're correct.

It's ridiculous that they don't take a US Passport as proof of citizenship. This should be a slam-dunk case.

 

[bill o]

Nice!

 

[jasons]

Why don't they take passports? (Or why do they say they don't?) Just curious as to the reasoning, or lack thereof as the case may be.

 

[OfficerObie59]

Why is proof of citizenship even necessary after Haas?

As an aside, Paul Evans, his brother, was Commissioner 15 years ago.

 

[Erichkruger]

Why is proof of citizenship even necessary after Haas?

As an aside, Paul Evans, his brother, was Commissioner 15 years ago.

One of the points that really no sense when i talk to him. It was me basically saying he would have MORE rights as a Permanent Resident then actually becoming a citizen when it comes to 2a rights in the City of Boston.

 

[DW357]

I think that should be William Evans???? Pls verify.
View attachment 115040

-JR

Or Freddy Krueger?.....

 

[jar]

Nice. I wondered what was in the works when terraformer mentioned 4 cases in process the other day. This seems like it should be an relatively quick and straightforward win. Beyond getting the plaintiff his LTC, a victory should send a strong message to PDs that being obstructionist regarding LTC applications has consequences.

 

[Mike-Mike]

Yesterday Comm2A filed for a temporary restraining order against Boston Police Commissioner William Evans in order to force the department to accept valid US passports as proof of US citizenship. Currently, BPD requires firearms license applicants to provide either a US birth certificate or certificate of naturalization in order to prove they're US citizens. Phuong Ngo derived his citizenship as a minor child when his father was naturalized. As such he has neither a US birth certificate or naturalization certificate and is unable to acquire either.

Enjoy:
Complaint
TRO Memo

Looks like a slam dunk!

 

[LoginName]

Interesting, this looks like a fairly recent policy. In 2013 there was no identification requirement...

LICENSE TO CARRY AND ENTITLEMENTS QUALIFICATIONS
When applying for a License to Carry, applicants will submit application forms and a
nonrefundable fee of $100.00 (U. S. Currency). A Basic Firearms Safety Certificate
must
be
included with the application if the applicant was not licensed under Chapter 140 on June 1,
1998.
•
Applicants will be fingerprinted and photographed.
•
Applicants must be residents of the City of Boston or have a place of business in the City of
Boston.
•
Applicants will be interviewed by a Police Officer of the Licensing Unit. They must demonstrate a
need if they are applying for an unrestricted license.
•
Applicants will be required to qualify at the Boston Police Department Firearms Range at Moon
Island within 2 weeks of the date of the application

http://web.archive.org/web/20130405....com/wordpress/wp-content/uploads/LICENSE.pdf

2014...

https://static.squarespace.com/stat...f92c/1379597120109/LTC GUIDELINES 9-2013.pdf

Even more interesting, a passport is acceptable to apply for a hackney license...

NEW Hackney License
Application Guidelines
YOU MUST MEET ALL OF THE REQUIREMENTS LISTED BELOW
•
Be 21 years of age or older
•
Be able to Speak, Read, Write and Understand the English Language
•
Have either a Birth Certificate, Alien Card, Asylum Document, US Passport or Naturalization Papers
If you are not a US citizen but have work authorization you must show written documentation /
Work Authorization Card

https://static.squarespace.com/stat...1368033948295/Hackney-License-Application.pdf

Same for a sightseeing drivers license...

https://static.squarespace.com/stat...91/Sightseeing-Driver-License-Application.pdf

 

[jtnf]

Why don't they take passports? (Or why do they say they don't?) Just curious as to the reasoning, or lack thereof as the case may be.

It's pretty much the textbook definition of "Bureaucracy" (and by extension "Bureaucrat...")
Somebody created a form, the form was passed down from On High, whence it became The Word of God as far as peon bureaucrats are concerned... The Form says either of two forms of ID are acceptable, and that's ALL that will be accepted unless and until The Form is changed.

(This is the "box checker" mentality of bottom-dwelling bureaucrats.)


--Edit - This is why Soloman et al are rightly up in arms about the New Hampshire forms change in violation of review policies.

 

[Palladin]

Passport

When the Meese commission was after the porn industry in the 80's, they grabbed Traci Lords for making underage films. They prosecuted the producers of the movies for making kiddie porn. At trial, the defense atty asked Traci if the defendants asked for ID, she replied yes, and told him she showed them a passport!!
Case dismissed!!

 

[bocan3]

Take it to 'em C2A! I hope you win B-I-G! This is ridiculous and clearly evident of an agenda. The police are supposed to "protect" peoples Constitutional Rights, NOT impede them.
Bonus thought~ FOIA request seeking refusals on FID and LTC's, and see if any murder victims had previously "requested" their rights, Amy Lord comes to mind, imagine...FORCING Billy Evans to admit that HE, or his designee, refused her request to become armed and self reliant for her protection in an atmosphere of judicial liberalism that refuses to jail repeat offender, firearm violating felons.

 

[icyclefar]

Love it!

Go get 'em

 

[El_Guapo77]

how can it not be a valid form of id? looks like a win but considereing if the state contines to drag its feet with the new federal id standards everyone will need a passport to get into government buildings or even board airplanes

 

[browncoat]

I really like reading the briefs you guys post. Very clearly written and logical. Seems like a shoe-in.

 

[ProGun]

Go COMM2A!

 

[Len-2A Training]

Great case! Slam dunk? Yes.

Can Boston drag it out for years? Yes.

Hopefully they will fold quickly and the win will be expensive for the city. I can hope, can't I?

 

[terraformer]

BTW: Anyone who knows of people who haven't applied for this reason, send them our way. Boston residents or otherwise.

 

[Rob Boudrie]

Why is proof of citizenship even necessary after Haas?

As an aside, Paul Evans, his brother, was Commissioner 15 years ago.

One must now prove either citizenship or lawful permanent resident (green card, and not the machine gun kind) status. Lesser forms of legal residency, as well as illegal residency, are not sufficient for an LTC, even post-Haas.

Beyond getting the plaintiff his LTC, a victory should send a strong message to PDs that being obstructionist regarding LTC applications has consequences.

The real message is that PDs are no longer able to assume that a young applicant of apparently modest means will never be able to afford an attorney, much less make a federal case out of a licensing abuse.

Can Boston drag it out for years? Yes

The purpose of a TRO is to grant prompt relief in a case where the plaintiffs face immediate and ongoing harm, and the defendants will suffer no harm. It is possible for a TRO be quickly granted, and then for the case to drag on.

In any case, Comm2a is prepared with competent legal counsel, a sound strategy, and a commitment to follow this through to the chicken dinner.

 

[soam]

The real message is that PDs are no longer able to assume that a young applicant of apparently modest means will never be able to afford an attorney, much less make a federal case out of it.

This right here is the true strength of Comm2A: Pooling our resources and using them in an organized way to combat infringements that would otherwise not be addressed due to not being able to afford justice.

 

[Rob Boudrie]

This right here is the true strength of Comm2A: Pooling our resources and using them in an organized way to combat infringements that would otherwise not be addressed due to not being able to afford justice.

A criminal defendant (who spent a lot of money, and won) once told me "Justice is a commodity just like any other, and how much you get depends on how much you can afford."

 

[Knuckle Dragger]

Can Boston drag it out for years?

no, they can't. We've moved for a TRO. it'll be over very quickly.

 

[Hoover]

I think that should be William Evans???? Pls verify.
View attachment 115040

-JR

They say (not joking) his nickname growing up was mouse. Where did they come up with that?


I really don't understand their thinking, fighting this. Just stupid for the city to waste money on a case they'll lose and is minor to them.