The Appeals Court issued on January 30, 2019 two important decisions on gun licensing- one reversing the revocation and restrictions and one upholding the denial of a license.
In Richard Phipps v Police Commissioner of Boston, the Appeals Court reversed the Superior Court’s affirming of a restriction and revocation, holding that because the “license was restricted and then revoked based upon a generalized, subjective determination of unsuitability rather than specific, reliable information as required by our case law, and because Phipps demonstrated a proper purpose in seeking an unrestricted license” the restriction was invalid. Click here for the full text of the Opinion.
In Jake Nichols v. Chief of Police of Natick, The Appeals Court ruled that the denial of a LTC to a person who had several year history of drug abuse was within the Chief’s authority. The District Court had affirmed the denial but the Superior Court reversed. The Appeals Court ruled that the Superior Court’s review “exceeded the bounds of permissible certiorari review, and reverse[d]”. Congrats to MMLA member David DeLuca of Murphy, Hesse, Toomey and Lehane who represented the Police Chief in this case (and who spoke on gun license appeals at the MMLA 2018 Annual Conference at the Red Jacket Beach Resort). Click here for the full text of the Opinion.