Comm2A Files Against Northborough (again) - Morin v. Lyver

Greg

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Morin v. Lyver is a follow up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed.
What minor,non-violent misdemeanor did the guy commit that involved a weapon ?

Weapon could be anything,or he could have had a single round of .22 in his pocket....
 
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What minor,non-violent misdemeanor did the guy commit that involved a weapon ?

Weapon could be anything,or he could have had a single round of .22 in his pocket....
He had a MA LTC for years. About 13 years ago, he drove down to DC with a .380 on his person, thinking his MA LTC covered him anywhere.

He saw a "No Guns Allowed" sign at a museum and asked at the desk where he could check his handgun. The desk called the US Park Police, who arrested him. He pled to misdemeanor possession of a firearm in DC and misdemeanor possession of an unregistered gun in DC. Both are sub-one-year maximum confinement for a first offense, and he got off with suspended / probation / community service. Ever since, he's been denied a renewal of the LTC as he has a gun-related conviction.
 

inkdesigner

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What minor,non-violent misdemeanor did the guy commit that involved a weapon ?

Weapon could be anything,or he could have had a single round of .22 in his pocket....
He was carrying a Colt .380 pistol in Washington DC. He pleaded guilty to a charge of Attempt Carrying a Pistol w/o a License (22-3294(a)(1)) and Unregistered Firearms (6- 2376) in the Superior Court of the District of Columbia.

At the time of his charges, an attempted crime was a misdemeanor (§22-1803) in the District of Columbia and carried a maximum sentence of 180 days imprisonment. Possession of an unregistered firearm in the District of Columbia is a misdemeanor and carries a maximum sentence of not more than one-year imprisonment. For the above plea, Dr. Morin was sentenced to Sixty Days, suspended, three months Supervised Probation and twenty hours of community service.
 

amm5061

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He was carrying a Colt .380 pistol in Washington DC. He pleaded guilty to a charge of Attempt Carrying a Pistol w/o a License (22-3294(a)(1)) and Unregistered Firearms (6- 2376) in the Superior Court of the District of Columbia.

At the time of his charges, an attempted crime was a misdemeanor (§22-1803) in the District of Columbia and carried a maximum sentence of 180 days imprisonment. Possession of an unregistered firearm in the District of Columbia is a misdemeanor and carries a maximum sentence of not more than one-year imprisonment. For the above plea, Dr. Morin was sentenced to Sixty Days, suspended, three months Supervised Probation and twenty hours of community service.

Wow, I'm a little surprised that's all DC bagged him for. Either way, a big f*** you to everyone involved in persecuting the man for exercising his constitutional rights.
 

mlaboss

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Docket for Morin v. Lyver, 4:18-cv-40121 - CourtListener.com

Most recent entry:

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Status Conference held on 3/19/2019, Case called, Counsel appear for status conference, Parties inform the Court that fact discovery is completed, Parties will be filing cross motions for Summary Judgment which parties agree will be dispositive of the case, Court sets date for hearing on dispositive motions, Motion Hearing set for 7/18/2019 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman), (Court Reporter: Lee Marzilli at [email protected])(Attorneys present: Foley/Kobick/Austin) (Castles, Martin) (Entered: 03/19/2019)

So both sides will file Motions for Summary Judgment and there will be a hearing on them in July.
 

TayNinh_66

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Little confused on the objective for this case. Morin was statutorily disqualified. He is a prohibited person.
Is Comm2A truing to overturn state law on disqualifiers?
 

Boston4567

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Little confused on the objective for this case. Morin was statutorily disqualified. He is a prohibited person.
Is Comm2A truing to overturn state law on disqualifiers?
Need to be precise in language here. "Prohibited person" is a federal term, and does not apply to Morin because he wasn't convicted of an offense carrying a maximum sentence of over two years.

He is statutorily disqualified for an LTC under state law, and yes, the goal of the lawsuit is to overturn that law as unconstitutional under 2A.
 

VetteGirlMA

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The First Circuit told Alfred Morin he couldn't challenge his license prohibition because he didn't apply for the 'right' combination of licenses. Well, now he can. He got the FID, the PTP was denied, and the NPD Chief gets sued again - Morin v. Lyver.
Will this mean that there will actually be a living person on planet earth with a PTP?
 

terraformer

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Will this mean that there will actually be a living person on planet earth with a PTP?
Not likely. The state knows the the fiction of an FID is enough to legally possess in the home is just that, fiction. The second case is making that clear. I can't wait to see the look on the CA1 judges face when they realize their intentional lying about dicta v. holding comes back to bite them on the ass...
 
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Need to be precise in language here. "Prohibited person" is a federal term, and does not apply to Morin because he wasn't convicted of an offense carrying a maximum sentence of over two years.

He is statutorily disqualified for an LTC under state law, and yes, the goal of the lawsuit is to overturn that law as unconstitutional under 2A.
Specifically, Morin is barred from an LTC due to a non-violent misdemeanor. At some point the courts will have to determine what offenses are serious enough to create a lifetime bar to conduct that's otherwise protected as an enumerated right. That should be a high bar and one that's tied to violent offenses or some other demonstrable risk to public safety. We (Comm2A) don't think that non-violent misdemeanors, or even non-violent felonies, should qualify.
 
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Wow, my timing to ask was pretty good, and totally coincidental. So on the July 18 hearing, can the public attend?
 
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Wow, my timing to ask was pretty good, and totally coincidental. So on the July 18 hearing, can the public attend?
We're supposedly an open society. With few exceptions - family law and national security - the court are open to the public. Sitting through one of these hearings is very educational, I encourage people to do it. And, when I go, I'm always surprised that I seem to be the only observer in the courtroom.

If you go, it's helpful to read the memos supporting the motions being heard. Basically, both sides have the opportunity to submit their motions, oppositions, and replies. The hearing is just an opportunity for the attorneys to highlight their positions and for the judge to ask questions.
 

Rob Boudrie

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I wonder if the judges might do anything different, knowing more people were now paying attention.
That's probably who Glock had me reach out to NES to pack the courtroom with an audience when they went before a Mass Marsupial to defend against the AGs fishing expedition.
 
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I wonder if the judges might do anything different, knowing more people were now paying attention.
That's probably who Glock had me reach out to NES to pack the courtroom with an audience when they went before a Mass Marsupial to defend against the AGs fishing expedition.
So, that being said, does it make sense for more people to go to these going forward?
 

Uzi2

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This hearing has been reset to August 27, 2019 at 3:30pm. There is no hearing on 7/18. This was done by the court, not at the request of any party.
Justice/due process delayed is justice/due process denied.

I'm sure the court had much more inportant issues to adjudicate than the consitutional rights of a firearms owner.
 
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