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Comm2A Wins on Suitability Against Wakefield

Comm2A

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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.


 

mlaboss

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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.
 

BUMPA01603

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