• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Wakefield LTC Court case

Interesting guy in that he had minimum bothers with getting a LTC and at least has enough money to fight suitability multiple times.

If you are a threat with a LTC and they had multiple times to put you away/convict and failed, how much of a threat are you really?

For some reason a felon can lose rights under the constitution with a conviction. For some reason in MA if you are charged with a crime and win (not guiltily) you can lose those same rights
 
CATI said:
Interesting guy in that he had minimum bothers with getting a LTC and at least has enough money to fight suitability multiple times.

If you are a threat with a LTC and they had multiple times to put you away/convict and failed, how much of a threat are you really?

For some reason a felon can lose rights under the constitution with a conviction. For some reason in MA if you are charged with a crime and win (not guiltily) you can lose those same rights
Click to expand...
Some southern guy with the screen name "308RIFLEMAN" was denied LTC in Wakefield. He had to settle for FID instead. Some dentist also was denied a LTC renewal there because of a long-expired restraining order during his divorce. That Wakefield police chief must be a real anti-gun zealot!
 
@nstassel thanks for all your hard work for the 2A community.

Also, is it still called 'evidence' when it has been banned from a trial? They basically just stated a Chief can use hearsay, rumor, or other bullshit to come to his decision. You can take him to court if you have the resources and he may be overruled. But you can't question his 'considerations'. [puke]

Id. at 747. "The fact that there was no conviction removes the incident[s in 2011 and 2012] as a license disqualifier, but it does not remove the chief's consideration of the incident on the question of [DeSisto's] suitability."
 
interesting case

I have a relative who is a wakefield cop. Very green town from what I understand, but this is surprising.

the suitability shit is ridiculous. If I could only get one thing on my wish list of many changes to MA gun laws, "shall issue" would be at the top of the list.
 
nstassel said:
We won in the district court but lost in the appeals court. Disappointing decision.
Click to expand...
"We agree with the motion judge that the hearing judge's "role was not to re-weigh the facts to determine whether she would also find a 'palpable risk,' but rather to determine whether the [c]hief's conclusion that such a risk existed was arbitrary, capricious or an abuse of discretion." The hearing judge made no such finding. Rather, she re-evaluated the evidence and decided that it was "too thin" and "too stale" to constitute a palpable risk. This was error because, as we have previously said, "[t]he [hearing] judge . . . may not second guess the licensing authority's decision to take one reasonable action over another.""

This just seems like stupid semantics to me....How could one determine if the Chief's decision was "arbitrary/capricous" without re-weighing the facts? The "thin-ness" of the evidence indicates it wasn't with good cause and therefore is arbitrary. The fact that it was nearly 10 year old, 'uncharged' crimes, with clearly fine behavior since indicates that it's capricious because one would speculate that no amount of time could pass before this dickhead chief thinks someone is worthy of owning a gun after making an uncharged criminal mistake in the past.
 
OK, was looking at Wakefield as a possible place to move. Looks like maybe Reading would be better, if outside 128 instead of inside.
 
I wonder if a favorable decision in the New York case before SCOTUS would force that change? We're unlikely to see a decision for another year, but it's on the calendar.

jhblaze1 said:
interesting case

I have a relative who is a wakefield cop. Very green town from what I understand, but this is surprising.

the suitability shit is ridiculous. If I could only get one thing on my wish list of many changes to MA gun laws, "shall issue" would be at the top of the list.
Click to expand...
 
HorizontalHunter said:
Challenges cost money and you are fighting the state which has unlimited resources.

Bob
Click to expand...
Doesn't cost much. You own .22 bolt gun and 12 gauge O/U. Fudd guns. You are diligently trying to comply with onerous MA gun laws, which allow nonresidents to possess such Fudd guns in this state, but local chief is preventing you from complying by refusing FID issue. Summons and complaint, deputy or constable serves civil process to chief, copy to Comm2A and court date is set. You have a Constitutional right to own , maybe not carry a gun. See you in court!
 
BOOTKNIFEFAN said:
Some southern guy with the screen name "308RIFLEMAN" was denied LTC in Wakefield. He had to settle for FID instead. Some dentist also was denied a LTC renewal there because of a long-expired restraining order during his divorce. That Wakefield police chief must be a real anti-gun zealot!
Click to expand...
The first thing nearly EVERY divorce lawyer in MA does is file a bogus restraining order against the husband. Time to start making them pay for that abuse.
 
BOOTKNIFEFAN said:
He should apply anyhow then take it to court if denied. The more challenges filed against anti-2A bullshit, the better. From what I understand, it is limited discretion for FID.
Click to expand...
The danger is that if this is seen as an end-run around the denial, and the case is lost, it's bad precedent for the future....
 
SERE said:
@nstassel thanks for all your hard work for the 2A community.

Also, is it still called 'evidence' when it has been banned from a trial? They basically just stated a Chief can use hearsay, rumor, or other bullshit to come to his decision. You can take him to court if you have the resources and he may be overruled. But you can't question his 'considerations'. [puke]

Id. at 747. "The fact that there was no conviction removes the incident[s in 2011 and 2012] as a license disqualifier, but it does not remove the chief's consideration of the incident on the question of [DeSisto's] suitability."
Click to expand...
During the last update to MGL there was an late move to remove the word "de-novo" from the appeal process. It just sort of disappeared, and nobody (that I know of) was able to find out who did this. Surprisingly, although GOAL included this change, there was no pushback from our side and it seems that only a few of us realized how these two words would have been a game changer. Whomever sunk that change (quite possibly at the request of the police lobby, like the backroom killing of the Katrina bill because it contained penalties for LEOs who violated it) knew exactly what they were doing.

The recent decision references a case I was not familiar with establishing that an offense for which one has received a full pardon with restoration of firearms rights may be used as the basis for an LTC denial.
 
hey Rob,
any instances of a denial upheld on appeal but the applicant then moves to another MA town and gets LTC with no issues that you guys know of??????
 
bfm said:
OK, was looking at Wakefield as a possible place to move. Looks like maybe Reading would be better, if outside 128 instead of inside.
Click to expand...
Reading is AIDS too. My bro in law moved there and was told he had to be a resident for at least a year before he could even apply. Nice work Reading
 

Similar threads

LTC PD Boston 😔
Replies
8
Views
263
M1911
M1911
Nevada Supreme Court Upholds Ban on So-Called ‘Ghost Guns’
Replies
4
Views
192
Dennis in MA
Dennis in MA
Tyrant NY judge says Second Amendment doesn't exist in her court room
2 3
Replies
62
Views
2K
1sern
1
LTC Turnaround Woburn?
Replies
1
Views
173
2-4-5 Trioxin
2-4-5 Trioxin
Expiring medical marijuana card and obtaining LTC
2 3
Replies
82
Views
1K
cams
cams
Back
Top Bottom