Comm2A Sues Town of Dighton

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Can you sue the town for damages? I feel like taking a lot of money from them is the only way to get the message through their thick skulls.
 
Rob Boudrie said:
Non-profits usually have paid staff, officers and directors.

Comm2a does not. We all work for free (though we do pay outside legal counsel)
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And as both a CPA and an MBA... the non-profits where everybody is a true volunteer should be the ones that you guys donate to.

As soon as people start getting paid, the non-profit's mission tends to become secondary to getting their employees paid and "keeping up the great work" of paying their employees.

That is, assuming that the non-profit was founded to actually do good instead of being founded as a tax-efficient way to keep lazy family members employed.


PaulD said:
Should we put together an open carry BBQ to honor you guys? (srsly, thanks for the hard work)
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I am not part of Comm2A, but I've known about the organization for a while. As far as I know, the Comm2A volunteers do not work for recognition - they advertise what they do just so you guys know what they are doing and hopefully contribute.

So please, donate what you can afford (it's tax deductible, too), use the Comm2A Amazon shopping link, ask what you can do to help... and hopefully, MA residents will get some justice from the courts. Just keep in mind that this is a game played over decades and don't get too excited over a win or too depressed over a loss.
 
Pilgrim said:
That I don't know. I was involved with a suit against a town and the Insurance company provided the lawyer for the town. Whether the town had to reimburse the InsCo, I don't know. The case ended with a settlement so there was no judgement. Since there was a settlement, they didn't pay for the lawyer on the other side either.
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Actually, they did, as the other side would not have settled if their attorney was not paid out of the proceeds.
 
wacky_doug said:
Sign up for a small (whatever you can afford) monthly contribution via paypal. Sustaining contributions are the best way to keep these guys going!
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THIS.

Our life blood is all of the mostly small monthly donations we receive from a very wide spectrum of gun owners and 2A supporters. Knowing that the money is going to be there allows us to plan well into the future and keeps us focused on helping people instead of begging for money.

Joe G said:
One quick question - what's the expected time line for this complaint to make it thru the courts?
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It's too soon to tell. Federal cases of this type can take 12-18 months and sometimes longer.
 
Knuckle Dragger said:
Our life blood is all of the mostly small monthly donations we receive from a very wide spectrum of gun owners and 2A supporters. Knowing that the money is going to be there allows us to plan well into the future and keeps us focused on helping people instead of begging for money.
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And don't be surprised if you start hearing us beg for money soon. We have some big things planned that we are working on financing. We also have a lot of stuff out there (5 cases currently in court at some level or another) and are limited by expected appeals at this point. The more money people donate, the more we can credibly attack (making sure we also have money in the bank to support appeals).
 
terraformer said:
And don't be surprised if you start hearing us beg for money soon. We have some big things planned that we are working on financing. We also have a lot of stuff out there (5 cases currently in court at some level or another) and are limited by expected appeals at this point. The more money people donate, the more we can credibly attack (making sure we also have money in the bank to support appeals).
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Incoming!

How to Donate
 
terraformer said:
And don't be surprised if you start hearing us beg for money soon. We have some big things planned that we are working on financing. We also have a lot of stuff out there (5 cases currently in court at some level or another) and are limited by expected appeals at this point. The more money people donate, the more we can credibly attack (making sure we also have money in the bank to support appeals).
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is paypal still your preferred way? not sure how much of an impact credit card fees are for you guys.

Another donation is on the way.
 
WatchCityCPA said:
A piece of crap, you beg the local chief of police for it, nothing useful.

Forget you ever heard about it - it was only mentioned because lawyers need to mention everything.

http://www.northeastshooters.com/vb...ion/192281-permit-purchase-massachusetts.html
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I ask because I am curious if we can expect the defendant to argue that the "Permit to Purchase" is sufficient to allow for the the possession of a non-large capacity firearm in the home for self-defense and that the FID is not in fact linked to the exercise of the right?
 
terraformer said:
And don't be surprised if you start hearing us beg for money soon. We have some big things planned that we are working on financing. We also have a lot of stuff out there (5 cases currently in court at some level or another) and are limited by expected appeals at this point. The more money people donate, the more we can credibly attack (making sure we also have money in the bank to support appeals).
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Just became a gold member... Every little bit helps right....
 
NewGuyRay said:
I ask because I am curious if we can expect the defendant to argue that the "Permit to Purchase" is sufficient to allow for the the possession of a non-large capacity firearm in the home for self-defense and that the FID is not in fact linked to the exercise of the right?
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IANAL, but AFAIK the Permit to Purchase requires an FID to start with.
 
Answered my own question with a little reading. Who knew[rolleyes].

Permit to Purchase

Section 131A. A licensing authority under section one hundred and thirty-one, upon the application of a person qualified to be granted a license thereunder by such authority, may grant to such a person, other than a minor, a permit to purchase, rent or lease a firearm if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. The colonel of the state police or a person authorized by him, upon the application of a person licensed under section one hundred and thirty-one F, may grant to such licensee, other than a minor, a permit to purchase, rent or lease a firearm, rifle or shotgun, or to purchase ammunition therefor, if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. Such permits shall be issued on forms furnished by the commissioner of the department of criminal justice information services shall be valid for not more than ten days after issue, and a copy of every such permit so issued shall within one week thereafter be sent to the said executive director. The licensing authority may impose such restrictions relative to the caliber and capacity of the firearm to be purchased, rented or leased as he deems proper. Whoever knowingly issues a permit in violation of this section shall be punished by a fine of not less than five hundred nor more than one thousand dollars and by imprisonment for not less than six months nor more than two years in a jail or house of correction.

The fee for the permits shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund.
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https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131A

Looks to be "may issue".
 
sevenMMmag said:
is paypal still your preferred way? not sure how much of an impact credit card fees are for you guys.

Another donation is on the way.
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We take cc now outside of paypal. Hit the donate page on comm2a.org.

- - - Updated - - -

Thanks to everyone who is donating. We can't do what we are doing without your support.
 
WatchCityCPA said:
Shame that you cannot sue the chief personally, too - even if the town has to pay the plaintiff's legal fees, the chief's pocketbook will not be affected.
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Not directly anyways. But smaller towns like Dighton have non-civil service chiefs who work on three year contracts. Meaning after a small town pays out a big check, the chief might well find himself out of a job after the three years are up.

- - - Updated - - -

Knuckle Dragger said:
And that's where we find the major enforcement mechanism. What the chiefs will end up fearing is answering to their boards of selectmen for exposing their towns to the costs of our litigation.
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Or this.
 
Quiet said:
What is "qualified" immunity? At what point does an action by an officer become so egregious that they lose this immunity?
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terraformer said:
In effect, someone who has qualified immunity won't be forced to pay anything. They get that fictional protection by acting in a way that has not been clearly deemed unconstitutional by the courts.
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This. And the Comm2A guys can correct me if I'm wrong, but a clear declaratory ruling of an unconstitutional action in this matter would allow individual police officials to be sued personally in the future for the same conduct. Which is why this case is so important, and I assume the major motivation.
 
terraformer said:
We have an opinion but you can tell that we haven't been talking about specific facts beyond that which is in the complaint.

One could have a 4A claim given certain circumstances. There is even a case in MA called Ruggerio (I believe) where a warrant was found to be required to get the guns.
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I believe he case your thinking of is PASQUALONE vs. GATELY, 422 Mass. 398 out of Framingham where a warrantless entry was made and firearms were seized after a revocation that occured without written notice.
 
OfficerObie59 said:
This. And the Comm2A guys can correct me if I'm wrong, but a clear declaratory ruling of an unconstitutional action in this matter would allow individual police officials to be sued personally in the future for the same conduct. Which is why this case is so important, and I assume the major motivation.
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We never comment on our motivations nor our strategic thinking... [grin]

OfficerObie59 said:
I believe he case your thinking of is PASQUALONE vs. GATELY, 422 Mass. 398 out of Framingham where a warrantless entry was made and firearms were seized after a revocation that occured without written notice.
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That's it. I was too lazy to look it up. Thanks.
 
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