Guns n Gadgets - Firearm Permit Process Ruled Unconstitutional!

He's not the first chief to ever be lambasted in a Massachusetts court.

I had to sue for my first LTC about 44 years ago and after the judge filed through my paperwork page by page, and adjusted his reading glasses down low on his nose and stared at the chief for about 10 seconds..... I thought the judge was going to come over the bench at him for his ridiculous denial. I wish that cellphone cameras were around then.

The judge's admonishment to the chief was, 'If you ever cause such a ridiculous case to be brought in front of me again, you will pay dearly."

My lawyer turned around and looked at me with an ear to ear smile.

Fvck Massachusetts and their police state gestapo.
 
The denial of fees and costs and other relief to the plaintiff is an absolute insult.

Not only should a plaintiff be granted fees and costs, they should be awarded punitive damages for the "state's" infliction of the denial of constitutional rights.
 
Uzi2 said:
The denial of fees and costs and other relief to the plaintiff is an absolute insult.

Not only should a plaintiff be granted fees and costs, they should be awarded punitive damages for the "state's" infliction of the denial of constitutional rights.
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This. ^^^^
There really needs to consequences for shitting on ones constitutional rights.
I’d have no problem with 10 years in prison and forfeiture of any pensions in addition to personal responsibility of repaying any fees incurred for any gov employee.
 
Uzi2 said:
The denial of fees and costs and other relief to the plaintiff is an absolute insult.

Not only should a plaintiff be granted fees and costs, they should be awarded punitive damages for the "state's" infliction of the denial of constitutional rights.
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1000%

This is a big reason why the commie .gov is commie .gov. When they are wrong they simply "let the serf have their rights", there is nothing else that hurts them. Everything is paid for buy ALL THE SERFS.

Sooner or later people need to realize their government hates them. There is literally no other way to look at it.
 
I’m thinking no appeal because at this point it doesn’t set a precedent, so no help to others.

Am I wrong?
 
they appealed the decision out of Lowell District that only applied to one case, did not set case law, on the subject of out of stater's carrying in MA w/out a permit.

You can bet this will be appealed too.

Why not it is done with tax dollars, unlike you or I that has to fund our own legal fees.

But what the guy in the video got wrong was Bruen did not reverse Heller, and although he is of the opinion licensing is unconstitutional. it is allowed for in Heller.

Massachusetts will NEVER go Constitutional Carry so long as they can rely on Heller to make a license required, even though Bruen tempered Heller a bit, there is still a state right to require licensing.
 
well this is where we have to ask a hypothetical question to @nstassel

In theory, under MGL 140 S131, the appeal to a D.C. for relief if a Licensing Authority denies a LTC, if the Licensing Authority disagrees with the decision of the District Court what avenue does the licensing authority have to appeal that decision?

Superior Court? Mass SJC? None of the above they have to follow the order of the court?

This is not like the Lowell case that was a criminal action and the D.A. could appeal.

Any applicant or holder aggrieved by a denial, revocation or suspension of a license, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receiving notice of the denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority shall respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town in which the applicant filed the application or in which the license was issued. If after a hearing a justice of the court finds that there was no reasonable ground for denying, suspending or revoking the license and that the petitioner is not prohibited by law from possessing a license, the justice may order a license to be issued or reinstated to the petitioner.
 
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fencer said:
I'm confused. Appeal what?
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First the CoP denies you, that doesn't require any kind of hearing.
So you appeal that, but all you get a an administrative hearing with BS rules, and the chances of winning are super low. Also, the state doesn't get involved in these, it's on the PD to hire a lawyer (not the DA). So just the CoP showing up makes sense.

After that either party can appeal, and someone other than me should answer that
 
Uzi2 said:
He's not the first chief to ever be lambasted in a Massachusetts court.

I had to sue for my first LTC about 44 years ago and after the judge filed through my paperwork page by page, and adjusted his reading glasses down low on his nose and stared at the chief for about 10 seconds..... I thought the judge was going to come over the bench at him for his ridiculous denial. I wish that cellphone cameras were around then.

The judge's admonishment to the chief was, 'If you ever cause such a ridiculous case to be brought in front of me again, you will pay dearly."

My lawyer turned around and looked at me with an ear to ear smile.

Fvck Massachusetts and their police state gestapo.
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What was the reason?
 
pastera said:
Notice the word "common" - that changes the entire meaning from you can defend yourself to you can die for the state.
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Right
@Coyote33 in that case the state decided that Art XVII describes a collective right. Now, with Heller and Bruen, they're admitting they oughtn't use that argument anymore.
 
appraiser said:
well this is where we have to ask a hypothetical question to @nstassel

In theory, under MGL 140 S131, the appeal to a D.C. for relief if a Licensing Authority denies a LTC, if the Licensing Authority disagrees with the decision of the District Court what avenue does the licensing authority have to appeal that decision?

Superior Court? Mass SJC? None of the above they have to follow the order of the court?

This is not like the Lowell case that was a criminal action and the D.A. could appeal.

Any applicant or holder aggrieved by a denial, revocation or suspension of a license, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receiving notice of the denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority shall respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town in which the applicant filed the application or in which the license was issued. If after a hearing a justice of the court finds that there was no reasonable ground for denying, suspending or revoking the license and that the petitioner is not prohibited by law from possessing a license, the justice may order a license to be issued or reinstated to the petitioner.
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The losing party in a District Court LTC petition can appeal in 60 days to the Superior Court in a petition for certiorari. That can then be appealed to the Appeals Court and then SJC.
 
I skimmed through the decision last night on my phone but here is my take.
Don't get all happy about this one - it has the same manufactured statist stench as Rahimi all over it.
 
Plainville is doing this shit too.

Coworker of mine has been bemoaning his required letter to the COP for his renewal. Apparently a simple "hello, I'd like to renew my license" is not sufficient even though legally it's *more* than enough.

COP can't deny the renewal without legal cause where there is none, don't know what kind of power he thinks he's weilding.
 
ridleyman said:
My guess is that most police chiefs, not unlike school administrators, aren't so bright, and are more sleazy politician than anything.
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And most top that off with an insufferable narcissistic ego problem..........until they've had their dick knocked in the dirt.
 
Drix said:
don't know what kind of power he thinks he's weilding.
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Retarded Mall Cop Superiority Complex?

We have mostly pro 2A Chiefs out here....and they don't have a problem giving licenses......in most cases with nothing but he standard form.

However, at some level most still feel that they should be the ones "giving" them, and are OK with licensing schemes.

So overall....they don't really understand 2A. But they feel they know the locals and this will keep people safer is always their argument.
 
Man, these towns suck. I was happy that I could finally just do my renewal completely online, right down to supplying my own picture for the LTC. It didn't make it any faster to get to me, but at least I didn't have to go down to the cop shop like a beggar at their appointed time.
 
LT5 said:
This. ^^^^
There really needs to consequences for shitting on ones constitutional rights.
I’d have no problem with 10 years in prison and forfeiture of any pensions in addition to personal responsibility of repaying any fees incurred for any gov employee.
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Yeah. Life won't change until the OFFICIAL is liable for the costs. Drawing that line would be hard. At what point is a chiefy personally liable? I'd say in this case, YES. But where to draw that line?

But he should have to come out of pocket for the fees and costs.
 
Dennis in MA said:
Yeah. Life won't change until the OFFICIAL is liable for the costs. Drawing that line would be hard. At what point is a chiefy personally liable? I'd say in this case, YES. But where to draw that line?

But he should have to come out of pocket for the fees and costs.
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A section 1983 civil rights infringement suit?
 
Dennis in MA said:
Yeah. Life won't change until the OFFICIAL is liable for the costs. Drawing that line would be hard. At what point is a chiefy personally liable? I'd say in this case, YES. But where to draw that line?

But he should have to come out of pocket for the fees and costs.
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The only thing that actually holds these a**h*** chiefs back is the town's willingness to pay legal fees. If they are a anti 2A town full of morons and don't mind wasting taxpayer money on it.....your screwed. If not.....selectmen or whatever will shit all over the chief for being an a**h*** and limit his power.

Case and point......my Dad got B rammed back in the day in his town, mainly because he had had his permit forever, but the town had started a minimum requirement to take a live fire class or something if he wanted an A..............so he took a B for that 4-5 years.

However, ....next time he went in for renewal......the licensing person said....oh....your gonna get an A automatically. He asked why? Because the town is done with / not risking paying out, legal fees for any lawsuits anymore, per order of the selectmen. This was before Bruen......Im pretty sure. And somewhere along the lines of the Deval gun bill that actually helped gun owners.
 

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