SAF SUES BOSTON POLICE COMMISSIONER OVER CARRY PERMIT PROCESSING DELAYS

[bigbravehog]

SAF SUES BOSTON POLICE COMMISSIONER OVER CARRY PERMIT PROCESSING DELAYS
BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in U.S. District Court against Boston, Massachusetts Police Commissioner Michael Cox, in his official capacity, over substantial and untenable delays in the police department’s processing of firearms license applications.
SAF is joined by the Firearms Policy Coalition, Commonwealth Second Amendment and four private citizens, Leslie Good, Kenley Exume, Robert Cox and Rudolph White. They are represented by attorneys David Jensen, Jensen & Associates in Beacon, N.Y., and Jason A. Guida at Principe & Strasnick in Saugus, Mass.
The lawsuit alleges the Boston Police Department’s licensing unit makes gun license applicants “wait for many months before it provides them with appointments” to be fingerprinted in order to complete their applications. The average delay appears to be in excess of six months, which directly delays the commencement of the background check process.
According to the lawsuit, at the start of the COVID-19 pandemic in March 2020, the Licensing unit stopped processing or accepting applications for Firearm Identification (FID) cards or Licenses to Carry (LTC). When operations were finally resumed, there was a huge backlog of applicants who were placed on a waiting list, which quickly grew into the thousands. This process took months, and only then could they begin the licensing procedure, for which state law allows a maximum of 40 days.
“In 2021 we sued over the delay and the case was ultimately settled at mediation,” recalled SAF founder and Executive Vice President Alan M. Gottlieb. “The wait list was to be eliminated by Oct. 31, 2021. However, this year the Licensing Unit is back to its same old foot dragging, making people wait for months to begin the application process. As a result, we’re back in court to make the department comply with the law.”
“There is no plausible explanation for these delays,” said SAF Executive Director Adam Kraut. “We can only conclude the commissioner has adopted a policy or instituted a practice of delaying applications for many months, which amounts to deprivation of rights under color of law. We’re hoping the court provides a quick resolution to this practice and stops it cold.”

 

[Drix]

Happy to support the 2AF

 

[240Geezer]

A substantial fine for every deadline missed might remedy that. Say $10,000 or so might add up quickly.

 

[Broc]

“In 2021 we sued over the delay and the case was ultimately settled at mediation,”

Lame.

Also, not crazy about one of the lawyers participating. But I hope they succeed.

 

[inkdesigner]

This can't be real. It has to be a total fake. After all, wasn't everyone going around here just a few days ago telling us all the big 2A organizations in the country had written MA off as a post cause because we are dominated by Dems and controlled by the 1st Circuit, the lost anti 2A circuit on the country?

 

[appraiser]

BPD just got their pee pee slapped for records request FOIA requests taking far longer than legally allowed.

A bunch of Civil Rights Lawyers were the people who got them into court and got them to hire more people to handle the requests.

Boston police agree to eliminate public records backlog within 6 months, settling lawsuit - The Boston Globe

The commitment to responding to months-old requests is part of a larger overhaul of the public records system Boston police agreed to as part of the settlement.

www.bostonglobe.com

Maybe SAF needs to insist that 10 Officers be hired to do nothing but FID/LTC processing

 

[Darksideblues42]

This is not just SAF - Comm2A has a hand in this as well.

Remember when I said there were things that couldn't be discussed openly due to OPSEC?

One of our common courses of action is to get a good many of the ducks in a row for these sorts of cases, then work with key partners on the national level for the resources and wider reach to bring these cases to court.

 

[bigbravehog]

This can't be real. It has to be a total fake. After all, wasn't everyone going around here just a few days ago telling us all the big 2A organizations in the country had written MA off as a post cause because we are dominated by Dems and controlled by the 1st Circuit, the lost anti 2A circuit on the country?

Only the NRA has written MA off

 

[Blackmore]

Only the NRA has written MA off

It isn't just MA that bespoke suit Wayne has written off.

 

[garandman]

Good for them! Just made another contribution to Comm2A and SAF.

 

[Bigfudge16]

Get em! Good reminder to throw some cash to comm2a

 

[NHKevin]

Donation Page - Second Amendment Foundation

Set up a recurring donation. More than ever before, Americans are looking to SAF to lead the fight for freedom -- to challenge in the courts attacks on our guaranteed freedom. What is the Second Amendment Foundation policy on refunds? The Second Amendment Foundation has a 30-day “no questions...

www.saf.org

 

[HARRYM]

Only the NRA has written MA off

SAF WELCOMES NRA MOTION TO JOIN IN ITS LAWSUIT v. ATF - Second Amendment Foundation

BELLEVUE, WA – The Second Amendment Foundation today said it welcomes the National Rifle Association’s request to join in a federal lawsuit filed by SAF and its associates in a challenge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new “arm brace rule.” NRA announced the effort...

www.saf.org

 

[bigbravehog]

SAF WELCOMES NRA MOTION TO JOIN IN ITS LAWSUIT v. ATF - Second Amendment Foundation

BELLEVUE, WA – The Second Amendment Foundation today said it welcomes the National Rifle Association’s request to join in a federal lawsuit filed by SAF and its associates in a challenge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new “arm brace rule.” NRA announced the effort...

www.saf.org

About time. I never hear of the NRA initiating any lawsuits on MA

 

[CatSnoutSoup]

SAF WELCOMES NRA MOTION TO JOIN IN ITS LAWSUIT v. ATF - Second Amendment Foundation

BELLEVUE, WA – The Second Amendment Foundation today said it welcomes the National Rifle Association’s request to join in a federal lawsuit filed by SAF and its associates in a challenge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new “arm brace rule.” NRA announced the effort...

www.saf.org

Done, cynically some might say, in a play to get in on the injunctive relief that SAF and FPC members were already enjoying as parties to the suit.

 

[garandman]

Grateful to all you guys helping with this.

 

[Chevy 2 65]

Mercia

 

[HARRYM]

About time. I never hear of the NRA initiating any lawsuits on MA

Ask GOAL if the NRA has helped them.

 

[Mesatchornug]

Ask GOAL if the NRA has helped them.

Interestingly, that's not what he said. But feel free to keep white knighting for Wayne in a thread about an SAF/COMM2A case.

 

[HARRYM]

Interestingly, that's not what he said. But feel free to keep white knighting for Wayne in a thread about an SAF/COMM2A case.

W.L.D.S.

 

[42!]

A substantial fine for every deadline missed might remedy that. Say $10,000 or so might add up quickly.

It would be meaningless, they would just use taxpayer's money. Follow NH's example, CoP is personally responsible, sue him for missing a deadline and it comes out of his pocket (still the case even with conn carry). Guess what takes a week or less?

 

[Joeldiaz]

Any update on this? Last I heard the judge recorded a docket entry asserting the absence of evidence that BPD was served, and set a deadline of 12/18 for them to explain why the entire case should not be dismissed. It's surprising for what should be a straightforward matter.

 

[Palladin]

Cops have been busy accepting a new contract

Boston police union agrees to new contract, including some reforms

The new contract means that officers will no longer be able to dispute termination in the cases of some violations, and that civilian contractors may be able to take over police details.

www.wgbh.org

 

[Broc]

Thanks for the bump.

Need updates.

 

[fishgutzy]

Cops have been busy accepting a new contract

Boston police union agrees to new contract, including some reforms

The new contract means that officers will no longer be able to dispute termination in the cases of some violations, and that civilian contractors may be able to take over police details.

www.wgbh.org

Written in invisible ink on the contract is a clause that allows any officer assigned to the permitting office to accept cash tips for moving someone ahead in the wait list.

 

[Rob Boudrie]

The state is backed up about 3 months once the issuing PD gives it approval. I emailed my local licensing officer to ask when I should apply (it was about 4 months before expiration) and he told me "better do it now if you want the new card in time". The Boston delay is in addition to the FRB delay.

 

[PappyM3]

… The illegal Boston delay is in addition to the illegal FRB delay.

Fixed it.

 

[dixidawg]

4th circuit judge Richardson recently ruled and wrote that a 30 day delay in licensing in Maryland permitting procedures was constitutional.

“In Maryland, if you are a law-abiding person who wants a handgun, you must wait
up to thirty days for the state to give you its blessing. Until then, there is nothing you can do; the issue is out of your control. Maryland has not shown that this regime is consistent with our Nation’s historical tradition of firearm regulation. There might well be a tradition of prohibiting dangerous people from owning firearms. But, under the Second Amendment, mechanism matters. And Maryland has not pointed to any historical laws that operated by preemptively depriving all citizens of firearms to keep them out of dangerous hands. Plaintiffs’ challenge thus must succeed, and the district court’s contrary decision must be REVERSED.”

Is this something that can or will likely be used in the suit against BPD?

 

[42!]

4th circuit judge Richardson recently ruled and wrote that a 30 day delay in licensing in Maryland permitting procedures was constitutional.

“In Maryland, if you are a law-abiding person who wants a handgun, you must wait
up to thirty days for the state to give you its blessing. Until then, there is nothing you can do; the issue is out of your control. Maryland has not shown that this regime is consistent with our Nation’s historical tradition of firearm regulation. There might well be a tradition of prohibiting dangerous people from owning firearms. But, under the Second Amendment, mechanism matters. And Maryland has not pointed to any historical laws that operated by preemptively depriving all citizens of firearms to keep them out of dangerous hands. Plaintiffs’ challenge thus must succeed, and the district court’s contrary decision must be REVERSED.”

Is this something that can or will likely be used in the suit against BPD?

I think the difference is that there is a deadline written into the MA law, 40 days I think. So that may be constitutional but they never meet this deadline and I would think you could go after them for that.

 

[42!]

The state is backed up about 3 months once the issuing PD gives it approval. I emailed my local licensing officer to ask when I should apply (it was about 4 months before expiration) and he told me "better do it now if you want the new card in time". The Boston delay is in addition to the FRB delay.

Are we sure about this, I know the local PD always says it's the state but when people call the state they seem to be able to give actualk dates when it went back to the local PD, and it just sits there. I've seen this myself and there have been others that post this. The only time I see a post with the state causing the delay, it's the local PD saying it, and not in writing. So is this first hand info from the state or is it "I heard from" someone other than the state themselves?