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We won in the district court but lost in the appeals court. Disappointing decision.
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!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
We won in the district court but lost in the appeals court. Disappointing decision.
He should immediately apply for FID.That stinks. I misread it.
What the police chiefs can get away with under the guise of suitability in this state is shameful.
Bob
FID is may issue as of 2014 and no longer shall issue.He should immediately apply for FID.
"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.""We won in the district court but lost in the appeals court. Disappointing decision.
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.FID is may issue as of 2014 and no longer shall issue.
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.
yes, and after all that money and a three year fight, it can certainly make you less optimistic about going at it again!!!!Challenges cost money and you are fighting the state which has unlimited resources.
Bob
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.
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!Challenges cost money and you are fighting the state which has unlimited resources.
Bob
Been my sig line for a long time.Any authority given to the government will be abused to the absolute limit and then beyond.
That fact can't be denied or changed anymore than sunrise.
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.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!
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....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.
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.@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'.
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 incidenton the question of [DeSisto's] suitability."
Read up on res judicata.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.
Read up on res judicata.
Then you keep the dammed Fudd guns! What are they going to do? Bust you for exercising your 2A rights?Read up on res judicata.
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 ReadingOK, was looking at Wakefield as a possible place to move. Looks like maybe Reading would be better, if outside 128 instead of inside.