*****Massachusetts Residents*****

[larrybrown]

*****Massachusetts Residents*****

We all know that MA does not recognize the Second Amendment. If you are denied a class A license to carry because the police chief finds that you are an unsuitable person your constitutional rights under the Second and probably the Fourteenth Amendment have been violated.

DO NOT follow the procedure given in Chapter 140 Section 131 (f): "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". Judicial review in the state court system is pretty much a waste of time and you will loose your ability to challenge the law at the federal level where you can win.

Take your complaint directly to the federal court!

 

[LenS]

No, contact Comm2A About us - Commonwealth Second Amendment, Inc. (comm2a.org) and follow their advice.

Going on your own is very dangerous and may result in even more bad law created by the court.

 

[Muss Muggins]

Just generally, to prevail in any tort, you have to prove you have exhausted all administrative remedies. I am not a lawyer, however, but I've spent years watching the Court system in action in person . . .

 

[Wee Hooker]

While I won't argue that MA doesn't do it's best to restrict the second amendment, I think "doesn't recognize" is a little misleading. Yes, there is the AG List that limits what firearms can be purchased ( now to exclude new AR15's). Yes, there is a haphazard permitting system that is dependent on the temperament of the local police chief. However, there are tens of thousands of MA residents that legally exercise their right to purchase and carry firearms every day. It's my observation (from monitoring the LTC prerequisite NRA safety course participation) that the number of MA residents obtaining a permit (and guns) is growing at an unprecedented rate. There is hope. These people vote.

 

[GaryS]

The OP should follow LenS's advice. That's if it's not too late.
I would say in general that if there are any possible problems with an application, it's best to consult with a lawyer that is well versed in MA gun law.

Once you have been denied, you are in a deep hole, which will only get deeper if you represent yourself in court.

Going to federal court is not all that likely to result in any better result. As Muss points out, the courts will likely expect you to exhaust any administrative routes of appeal. The federal district court would likely point you back to state courts if you file there first.

 

[ChattanoogaPhil]

Don't know jack about Massachusetts (guess that makes me a JackMass ) so I'd go to those who should know about dealing with this kind of thing. Would't GOAL be the experts on this stuff?

 

[LenS]

Don't know jack about Massachusetts (guess that makes me a JackMass ) so I'd go to those who should know about dealing with this kind of thing. Would't GOAL be the experts on this stuff?

No, because GOAL does not do litigation and isn't as savvy about the court system as Comm2A is. The two orgs compliment one an other . . . GOAL does education and legislation while Comm2A does education and litigation.

 

[Calaveras Slim]

IN 1974, 75 ,76, my wife and I tried to adopt a child. We were stationed at FT. Devens in MA. at the time.

Each time we were denied because they said we didn't have a stable home life and when I asked them to explain, we were told that since I was career military, we would be moving every few years, IE unstable home life.

I bring this up to show that in MA. there are times when those in power have little or no common sense.

So, good luck in fighting them over your CCW.

 

[gregintenn]

I can only attest that life outside the borders of Massachusetts can be pretty sweet.