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Comm2A Sends C&D to Boston for failure to adhere to Federal Court Ruling

Comm2A

Comm2A

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Wednesday Comm2A and a lawyer for a Boston resident alien sent a Cease and Desist letter to Boston PD regarding their refusal to process an LTC application in light of the US Federal District courts ruling two months ago in Fletcher v. Haas. EOPSS/CJIS has stated that until MIRCS is updated to support the changes, Licensing Authorities should use a paper application and issue a paper LTC.

Comm2A would like to remind law enforcement and dealers that a small number of towns still issue paper LTCs in lieu of the wallet sized credit card LTCs and in the unlikely event an LTC check is required, residents of those towns as well as aliens will be in possession of these still valid paper LTCs.
 
So Boston PD is one of the departments refusing to abide by the US Federal District court decision? My shocked face --> [thinking]
 
Palladin said:
Tom, remind me to send you a check...
Click to expand...
I'll handle this one: Send us a check. Need the address?

ETA: We should also give appropriate credit here. Comm2A has partnered with Attorney Jeff Scrimo of Lenox to follow up on all of the follow up Fletcher actions. In addition to his state and federal law practice, Attorney Scrimo is an NRA accredited and MA certified firearms instructor. He's very eager to apply his talents to our agenda and we're very happy to have him on the team.
 
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Knuckle Dragger said:
I'll handle this one: Send us a check. Need the address?

ETA: We should also give appropriate credit here. Comm2A has partnered with Attorney Jeff Scrimo of Lenox to follow up on all of the follow up Fletcher actions. In addition to his state and federal law practice, Attorney Scrimo is an NRA accredited and MA certified firearms instructor. He's very eager to apply his talents to our agenda and we're very happy to have him on the team.
Click to expand...

[smile] Next week.

Joe
 
Does Boston even have a defense here? They can't possibly not know about the decision. Besides the fact that they're violating people's rights and violating a court order, they're also wasting taxpayer dollars by refusing to comply. WTF.
 
exodious said:
Does Boston even have a defense here? They can't possibly not know about the decision. Besides the fact that they're violating people's rights and violating a court order, they're also wasting taxpayer dollars by refusing to comply. WTF.
Click to expand...

All of the towns we're dealing with on this just don't want to bother issuing the paper license which is the state's work-around to their MIRCS problem. It's a one-off process and inconvenient. for them.

The problem is that the police departments have not yet realized that in their role as licensing authorities they're performing a duty that implicates a fundamental right. Delaying the ability to exercise that right is essentially infringement. They still very much look at licensing as discretionary and that they therefore maintain the prerogative of deciding who gets a license and when.
 
All of the towns we're dealing with on this just don't want to bother issuing the paper license which is the state's work-around to their MIRCS problem. It's a one-off process and inconvenient. for them.
Click to expand...

As K. Dragger mentioned, some departments seem to be taking the position "come back when we can do it via MIRCS ... no matter how long that takes".

Although heavily criticized by some on NES, Attorney Guida of the FRB has handled the situation professionally and has promptly implemented an effective method to process LTCs for permanent residents without undue delay. One side effect of that approach is that it reduces the pressure for a prompt MIRCS fix, as the FRB is in compliance, and can update their software at a time of their choosing.

Some departments, including Boston, seem to be under the misconception that use of this paper system is somehow "optional" and that they may turn away applicants. It's not uncommon for government agencies to get away with abuses based on the premise of "we know you won't actually take us to court over this.". The cease and desist letter has put Boston on notice that federal litigation will be initiated under 42 USC 1983 seeking both injunctive relief and legal fees unless the department complies with the court order.
 
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Rob Boudrie said:
As K. Dragger mentioned, some departments seem to be taking the position "come back when we can do it via MIRCS ... no matter how long that takes".

Although heavily criticized by some on NES, Attorney Guida of the FRB has handled the situation professionally and has promptly implemented an effective method to process LTCs for permanent residents without undue delay. One side effect of that approach is that it reduces the pressure for a prompt MIRCS fix, as the FRB is in compliance, and can update their software at a time of their choosing.

Some departments, including Boston, seem to be under the misconception that use of this paper system is somehow "optional" and that they may turn away applicants. It's not uncommon for government agencies to get away with abuses based on the premise of "we know you won't actually take us to court over this.". The cease and desist letter has put Boston on notice that federal litigation will be initiated under 42 USC 1983 seeking both injunctive relief and legal fees unless the department complies with the court order.
Click to expand...

They still don't care, the money won't come out of their pockets. We'll see just how contemptuous they are.

If this were a matter effecting their rights, paycheck or working conditions, they(Boston PD) would be protesting in the streets and hounding Mumbles or anyone else involved to no end.
Boston PD is one of the most out of control agencies inthe entire state and they need to knocked down the ladder a few rungs.
 
Finalygotabeltfed said:
They still don't care, the money won't come out of their pockets. We'll see just how contemptuous they are.

If this were a matter effecting their rights, paycheck or working conditions, they(Boston PD) would be protesting in the streets and hounding Mumbles or anyone else involved to no end.
Boston PD is one of the most out of control agencies inthe entire state and they need to knocked down the ladder a few rungs.
Click to expand...

If they were sued for this violation under the 1983 thing doesn't that provide for the offender being on the hook for the legal expenses? So the Chief could potentially have to pay something?
 
exodious said:
If they were sued for this violation under the 1983 thing doesn't that provide for the offender being on the hook for the legal expenses? So the Chief could potentially have to pay something?
Click to expand...

42 USC 1983 provides for payment of a successful plaintiff's legal fees, as Rham Emanual well knows from his dealings with Alan Gura (to the tune of $399K).

Such fees are generally paid by the department or agency sued, and not personally by the individual, which is what beltfed no doubt refers to by "not out of their pockets".

The cease and desist letter is actually doing the Boston PD a service, as it will elevate their internal decision making on how this matter is handled to a level that should involve consultation with legal counsel, followed by the department doing the right thing without the need for litigation. But, Comm2a is ready for if that proves not to be the case.
 
Knuckle Dragger said:
... The problem is that the police departments have not yet realized that in their role as licensing authorities they're performing a duty that implicates a fundamental right. Delaying the ability to exercise that right is essentially infringement. They still very much look at licensing as discretionary and that they therefore maintain the prerogative of deciding who gets a license and when.
Click to expand...

A-Right-Delayed-is-a-Right-Denied.gif


(from: http://punsnotgunspeaceblog.com/2007/12/ )
 
Coyote33 said:
Now if this could only happen with the FA-10 forms, so they could be forced to provide them in a timely manner!
Click to expand...

[rofl] Because I really want Comm2A wasting their resources on that crap...... there is a long, long list of far bigger fish to fry, such as the Alienage ban that they have dealt with here.

-Mike
 

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