MA LTC issuance law: Is this potentially game changing?

**boatman** · 02-11-2013, 05:49 PM

Sorry if this is a dupe, I was just reading about it.

Comm2A Challenges Restrictions in Worcester, Weymouth, Danvers and Peabody

February 8, 2013, Boston - Today Comm2A filed suit in federal court against four police chiefs in Massachusetts alleging that they violated citizens Second Amendment right to keep and bear arms.With support from the National Rifle Association, Commonwealth Second Amendment (Comm2A) and six individual plaintiffs filed suit challenging the constitutionality of restrictions placed on the Licenses to Carry issued by police chiefs in the towns of Weymouth, Danvers, Peabody, and Worcester. The suit alleges that the plaintiffs were denied their Second Amendment right to keep and bear arms because the defendants imposed unreasonable and unlawful licensing restrictions on the plaintiffs."The fact that there are 351 unregulated and arbitrary practices of issuing licenses in Massachusetts is ridiculous," said Brent Carlton President of Comm2A. "No one would stand for it if it was arbitrarily determined who has the ability to access other rights granted by the Constitution such as free speech."

Read the full complaint here.

If I am reading this correctly, should the plaintiffs win this, this would make MA essentially a 'shall issue' state. The local PD would no longer be able to arbitrarily decide who gets LTC-A/B nor add/not add restrictions. (but not sure I am reading it right!)

**ntomsw** · 02-11-2013, 05:51 PM

I believe you are correct, yes.

As a resident of Worcester with a restricted LTC-A, I hope they win this one.

**SalemCat** · 02-11-2013, 05:57 PM

If Comm2A wins, it would make Massachusetts a better and safer place to live.

**c-king** · 02-11-2013, 06:01 PM

So lets all make sure they've got the funds to keep fighting the good fight. They're worthy of our support, IMO.

But yes, this is a dupe.

**Allman** · 02-11-2013, 06:06 PM

^ I agree

**center442** · 02-11-2013, 06:18 PM

I have high hopes for a favorable outcome with this case. However, this is MA. The state may well respond by passing legislation that requires all licensing agents to issue only restricted licenses. That way, there will be no inequality. Everyone will be equally neutered.

I really hope that doesn't happen, but I look at the crap that Chicago has pulled with respect to the 2nd Amendment. I'm sure that MA will try to be as enlightened and progressive as Chicago.

**garandman** · 02-11-2013, 06:35 PM

Folks seem to be forgetting that the number of licensed firearm owners will have increased by 20% or more by next November.

I asked a staff guy for a well-known politician "How would you like to gain over 300,000 votes in the next election - from lawful gun owners?" All of a sudden, he's all ears.

I've been making the point to some of these guys (you can't swing a cat without hitting a politician here. that Ed Markey, as one example, is extremely vulnerable to a "Law and Order" candidate who insists that existing laws be strictly enforced before passing new ones.

**terraformer** · 02-11-2013, 06:35 PM

Nothing Comm2A does will be "game changing" by itself. Here is someone I wrote up on facebook today.

MA is already a May issue state. This is step one in changing this to a shall issue state. But, the free state notion of may v. shall issue is too simplistic when looking at what the state of MA is doing with LTCs. There are three places where LAs *may* issue the license or in some way restrict their use. There is suitability -- the subject of another challenge--, restrictions --the above challenge-- and the issuance of a A v. B. The last one is the subject of a third, as of yet unnamed, challenge. In free state licensing schemes, there is only one place to effect the license-- ie; issuance or not. Hence, simply discussing may issue v. shall issue is really not telling the whole story.

**Garys** · 02-11-2013, 06:39 PM

Try explaining the MA licensing scheme to someone from just about any other state. There's a chance that they'll call the cops because they think you're crazy and talking gibberish. Class A? Class B? FID? Restrictions? They wonder what you were smoking before you started talking to them.

For that matter, try explaining it to someone who doesn't have a LTC in MA, but wants to get one. The reaction is much the same until they start to go through the process. Then they realize that you weren't joking.

**terraformer** · 02-11-2013, 06:43 PM

Originally Posted by Garys

Try explaining the MA licensing scheme to someone from just about any other state. There's a chance that they'll call the cops because they think you're crazy and talking gibberish. Class A? Class B? FID? Restrictions? They wonder what you were smoking before you started talking to them.

For that matter, try explaining it to someone who doesn't have a LTC in MA, but wants to get one. The reaction is much the same until they start to go through the process. Then they realize that you weren't joking.

Exactly. This is why there are some really ill advised cases from lawyers who don't know any better up in front of the SJC right now. They think they can become heroes by filing that one game changing case. They are simply screwing us bigtime right now.

MA LTC issuance law: Is this potentially game changing?

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