Appeals Court: CARLOS ANDRADE vs. CITY OF SOMERVILLE – Tort Claims Act, Return of Firearms License

Keywords:   Massachusetts Tort Claims Act; Firearms; Licenses; Governmental Immunity; Municipal Corporations, Governmental immunity; Negligence, Governmental Immunity; Police, Negligence; Practice, Civil, Motion to dismiss.

The Appeals Court today issued its decision in Andrade vs City of Somerville in which the City took an interlocutory appeal of the denial of its motion to dismiss claims against it alleging negligence in gun licensing processing and releasing a gun.  Reversing the Superior Court, the Appeals Court held that the city’s conduct was based upon licensing activity described in Section 10(e) of the Massachusetts Tort Claims Act and that the city is accordingly exempt from suit. The decision contains very informative comments regarding gun licensing.  Congratulations to Assistant City Solicitor and MMLA member David Shapiro for this important win for the City.  For the full text of the case, go to the MMLA website at Andrade vs. City of Somerville

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