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Comm2A Wins on Suitability Against Wakefield

Discussion in 'General Discussion' started by Comm2A, Aug 16, 2018.

  1. Comm2A

    Comm2A Director Comm2a Dealer NES Member

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    Wakefield PD returns LTC and Firearm
    This is a good example of the kind of case we're doing more and more. We're keeping them quiet until after we get the decision we want because we don't want defendants and the courts to see that there's a strategic purpose here.

    Comm2A Wins on Suitability
    With few exceptions the courts have continued to allow police chiefs unfettered discretion to deem someone an 'unsuitable' person. This is the first example we're aware of where the court looked closely at the facts and decided that the police failed connect their suitability logic to public safety.

    We also prevailed, easily, on the 'any court' issue. Firearms license applicants need NOT disclose criminal court appearances that take place outside the jurisdiction of US courts.

    The is a superior court decision. It should be precedential in all of Middlesex County. Judges in other counties should take note as well.

    Decision.


     
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  2. SERE

    SERE NES Life Member NES Member

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    Thank you Comm2A, Neil Tassel and Mr Ahmadov. [rockon]
     
    Last edited: Aug 17, 2018
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  3. mlaboss

    mlaboss NES Member

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    "The WPD based its unsuitability determination on the Canadian convictions. The District Court affirmed the WPD's decision without applying the suitability standard...

    The District Court therefore made an error of law."

    Error my ass, they read the plain letter of the law and ignored it in favor of what they wanted to law to mean.

    Still, satisfying to see "you done goofed, District Court" in black and white.
     
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  4. ProGun

    ProGun NES Member

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    Nice! I just rec'd the email.
     
  5. jek

    jek NES Life Member NES Member

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    Great news! To more successes when the time comes. [cheers]
     
  6. TheRoland

    TheRoland

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    I sure didn't see that coming. Great to have things in the win column.
     
  7. BUMPA01603

    BUMPA01603 NES Member

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    "Gimme back my bullets!"

    - Lynyrd Skynyrd ( not ZZ Top)
     
    Last edited: Aug 16, 2018
  8. drgrant

    drgrant Moderator NES Member

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    This imho is a semi big deal, this is a shot across the bow for garbage PDs that think they can arbitrarily revoke someone.
     
  9. M1911

    M1911 Moderator NES Member

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    Some good news, finally.
     
  10. Picton

    Picton NES Member

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    Good job, Comm2a! Good job, nstassel!
     
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  11. Sniper (+)

    Sniper (+)

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    Shouldn't have to bother disclosing ANY court appearances at all, the cops see them all anyway.
     
  12. Asaltweapon

    Asaltweapon NES Member

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    Huh?
     
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  13. robjax

    robjax

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    you do realize that the anti's will look to change the law to include all courts; foreign and domestic...
     
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  14. Knuckle Dragger

    Knuckle Dragger NES Member

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    No they won't. This is a corner issue. The antis are not going to try to explain the 'foreign court' loophole. And if they do, there's reasonable grounds for challenging it.
     
    Last edited: Aug 16, 2018
  15. 07Mustang

    07Mustang NES Member

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    Nice work!
     
  16. Greschner 4

    Greschner 4

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    BUMPA01603 likes this.
  17. Christian

    Christian

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    FIFY.
     
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  18. BUMPA01603

    BUMPA01603 NES Member

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    My bad, you're right.... great song! Had ZZT on the brain because someone mentioned they had tickets to their show earlier today
     
  19. Rob Boudrie

    Rob Boudrie NES Member

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    Lets hope this is the final stake in the heart of Moyer v. Shelburne.
     
  20. nstassel

    nstassel NES Member

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    20180813_141633.jpg A happy guy getting his Beretta 92 and LTC back.
     
  21. mlaboss

    mlaboss NES Member

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    Congrats Mr Ahmadov!
     
  22. hv55maxx

    hv55maxx NES Member

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    awesome, finally a win in this hell hole
     
  23. glide

    glide

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    Wakefield used to be okay. What happened?
     
  24. banditone

    banditone NES Member

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    Did he have to pay storage fees?
     
  25. nstassel

    nstassel NES Member

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    No but we both got seriously muzzled when the cop handed the gun back to him.
     
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  26. Jonesjoys

    Jonesjoys

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    this is super duper cool.
     
  27. Whiskeyjim

    Whiskeyjim

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    Congrats and nice work!
    Donation sent.
     
  28. Garden12

    Garden12 NES Member

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    Nice work! I didn’t realize they changed the scope of suitability in 2014 for an LTC. I always thought a chief could deny someone on suitability grounds for really anything. Good to know.
     
  29. Rob Boudrie

    Rob Boudrie NES Member

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    They did but, until this case, the courts chose to ignore the change.
     
  30. Dressed to Kill

    Dressed to Kill NES Member

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    Awesome job , on behalf of all Mass gun owners. Thank you for all your hard work.
     

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