Massachusetts Court Rules Against Police Chiefs Power to Deny the Second Amendment

AmmoLand ^ | June 13, 2024 | Dean Weingarten

[marktwain]

There have been at least two cases where local judges in Massachusetts have held the license to carry law, which was passed in defiance of the Supreme Court Bruen decision and is unconstitutional under the Second Amendment. On May 14, 2024,  Judge Kevin J. Finnerty granted a petition against the denial of a Firearm Identification Card (FID). Without an FID, the License to Carry is suspended.

On May 20, 2024, Judge William P. Hadley ordered Police Chief David Pratt to issue Randy Westbrook a License to Carry (LTC).

The two cases are discussed in Massachusetts Lawyers Weekly:

Smith noted that Fall River District Court Judge Kevin J. Finnerty issued a similar ruling on May 14 in Echeverre v. Cullena case initially seeking judicial review of the denial of a firearm identification card, or FID, and subsequently involving the suspension of an LTC.

In granting the petition, Finnerty said he agreed that “discretionary suspension (or grant) of a constitutionally guaranteed right to which our jurisprudence requires courts to defer is inconsistent with ․ Bruin holding.”

The Westbrook case of a denial of an LTC by Hollyoak Police Chief David Pratt:

In his appeal from the denial of the application, the petitioner argued that G.L.c. 140, §131, runs afoul of New York State Rifle & Pistol Association v. Bruen and other recent U.S. Supreme Court decisions interpreting the Second Amendment’s right to bear arms. Specifically, Westbrook contended that the “suitability” standard set forth in §131 for a police chief’s assessment of dangerousness is unconstitutionally vague and overbroad.

Judge William P. Hadley agreed, reversing Chief Pratt’s permit denial and ordering issuance of an LTC to Westbrook.

These cases are at the district court level. Other courts are not required to follow their lead. It is unclear if either or both of

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There are some judges who are acting as judges instead of political activists, even in Massachusetts!

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First sentence editing error: "..decision and is unconstitutional ..." should be ..decision, is unconstitutional...

[faithhopecharity]

thank Heaven there are still a (very) few judges who remember that they swore to uphold the Constitution

and thus, our individual civil rights

we definitely need more of these honest judges
and a lot less of the corrupt lying anti_American baturds

[Taxman]

ping

[Libloather]

2nd Amendment ‘does not exist’ in some NY courtrooms according to one judge presiding over the trial of a gunsmith

https://lawenforcementtoday.com/the-second-amendment-does-not-exist-in-some-ny-courtrooms-according-to-one-judge-presiding-over-the-trial-of-a-gunsmith