Appeals Court: TOWN OF PLYMOUTH v. ROBERT J. POWER

KeywordsFirearms. Constitutional Law, Right to bear arms. Practice, Civil, Judicial review of license to carry firearms, Action in nature of certiorari, Judgment on the pleadings. District Court, Jurisdiction

[Excerpt] – Until paragraph (1 1/2) was added to G. L. c. 140, § 129B, effective January 1, 2015, a licensing authority could only approve an application for a firearm identification (FID) card or deny it on the basis that an applicant was a “prohibited person” under the statute.[2]  Paragraph (1 1/2), which is at issue in this case, addresses the possibility that a licensing authority might conclude that someone who is not a prohibited person is “unsuitable” to possess an FID card.  In that event, paragraph (1 1/2) does not empower the licensing authority to deny the FID card.  Rather, it provides that “the licensing authority may file a petition” “in the [D]istrict [C]ourt of jurisdiction” “to request that an applicant be denied the issuance or renewal of [an FID] card.”  The statute reserves to the District Court the decision whether the licensing authority has met its burden of proving by a preponderance of the evidence that the applicant is unsuitable.  G. L. c. 140, § 129B (1 1/2).

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