Firefighter appeals denial of license to carry gun

For the same reason the rest of us get turned down.
If it takes a firefighter to bring this to people's attention so be it.
It's too bad your average joe wouldn't have made the news.
 
Neiland acted as his own attorney while appealing Thomas’s decision not to grant him an all purpose gun permit last month.
If this guy is planning on taking this much further I hope he gets himself competent council. Even the most intelligent of people can turned around trying to understand laws and the procedures required to contest them in court. You can bet the other side will have lawyers.
 
Weymouth does suck, Now they were very polite and gave me no hassles. But they made it very clear that I would not be getting an ALP license, and that they dont give them out unless you are a "Business owner" or can document reason to fear harm. Not being a victim yet, i couldnt do that.

http://www.weymouth.ma.us/CMS200Sample/uploadedfiles/firearmpermitpack.pdf thats the link to the "Packet" with what they require and the reasons they will allow
 
What a knucklehead. The Heller ruling isn't going to help him one bit. He sounds as sharp as a butter knife. Too bad they didn't have a file photo of the adult cake.[smile]
 
Weymouth won a court case a few years ago that any 209A, other than a temporary one, is a lifetime disqualifier for suitability, since it represents a judicial determination that the applicant posed a risk of violence.
 
While I agree his chances are likely minimal, I have to applaud the guy for at least giving the town/PD a hard time about it.

Wow, this chief is a real f-ing douchebag:

King said state law permits local police chiefs to establish criteria for permitting a resident or business owner to a license to carry a gun at all times.

“We normally issue gun permits for target shooting or hunting purposes unless you can satisfy the state law to carry a gun,” he said.

The statute permits a resident the right to carry a weapon on their person if the chief believes the individual has a sufficient risk of being a crime victim.

“A good example of that would be a jeweler who might be at greater risk of being robbed at home,” King said.

Hey a**h***, where does it say in MGL that "verifiable need" is a statutory requirement for issuance of ALP/None? Oh wait, that's right, it doesn't- you're obviously just making shit up to suit your anti-gun agenda.

-Mike
 
where does it say in MGL that "verifiable need" is a statutory requirement for issuance of ALP/None?

I believe they're referring to this:

http://www.mass.gov/legis/laws/mgl/140-131.htm

(d) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to such licensing authority or the colonel of state police, an application for a Class A or Class B license to carry firearms, or renewal of the same, which such licensing authority or said colonel may issue if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant:

But, I'd agree that all people have "good reason to fear injury to his person or property" by reading the newspaper on any given day.

I too admire this person for taking on the town but he needs legal assistance because when he makes bad legal arguments and loses it just further justifies every chief's position.
 
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I believe King is not the Chief, only the licensing Officer. He has had the position form many many years..............That being said, I never had a problem with the guy. I left Weymouth with an ALP permit.
 
WTF...so I guess its only an individual right in DC, it must be a collective right in the rest of the USA...WTF:

Weymouth licensing officer Brian King said the Supreme Court ruling referenced by Neiland is only applicable to Washington D.C residents.

“The Supreme Court case only dealt strictly with Washington D.C.,” King said. “The court case was based on a rule that prohibited people from having a handgun in their home under any circumstance. The (Supreme) court’s ruling was solely related to Washington D.C. and it has no bearing on the gun laws in any other state. Mr. Neiland does not understand that. The court’s decision was very clear and the ruling was relative to the issue at hand"
 
Did he not fill out the last question?

“He has to document that he needs it because of his employment or if he is in fear of suffering an injury to himself or his property,” Lane said on Monday. “As far as his suitability to own a handgun he was noT rejected, but if you do not document a need for personal protection of your property or your personal safety for a permit, you are issued a permit for hunting or target shooting.”

Did he not document it? The author suggests that the application was not complete.
 
No, its not that its incomplete. Weymouth requires you to write a letter stating why you need the permit. I had in mine, first and foremost personal protection, but since I didnt attach "Documentation" that i had reason to fear harm. (Im not sure what they want for documentation, my Death certificate?) he told me that he would give me a hunting and target, but would not issue an ALP.
 
WTF...so I guess its only an individual right in DC, it must be a collective right in the rest of the USA...WTF:

Weymouth licensing officer Brian King said the Supreme Court ruling referenced by Neiland is only applicable to Washington D.C residents.

“The Supreme Court case only dealt strictly with Washington D.C.,” King said. “The court case was based on a rule that prohibited people from having a handgun in their home under any circumstance. The (Supreme) court’s ruling was solely related to Washington D.C. and it has no bearing on the gun laws in any other state. Mr. Neiland does not understand that. The court’s decision was very clear and the ruling was relative to the issue at hand"


Theres nothing false about that, Heller was a case about handgun bans in DC, and ONLY that. While they did rule the 2nd is an individual right, you need incorporation for it to apply everywhere else. Not to mention that case had absolutely nothing to do with CCW, which is what the fireman was denied.
 
Theres nothing false about that, Heller was a case about handgun bans in DC, and ONLY that. While they did rule the 2nd is an individual right, you need incorporation for it to apply everywhere else. Not to mention that case had absolutely nothing to do with CCW, which is what the fireman was denied.

I agree 100%, especially in regard to the decision has not been incorporated to the states yet. I would add, though, that whatever right the plaintiff has to concealed carry, it is being infringed upon relative to the rights of many other Massachusetts residents because the law is not applied equally in all communities.
 
No, its not that its incomplete. Weymouth requires you to write a letter stating why you need the permit. I had in mine, first and foremost personal protection, but since I didnt attach "Documentation" that i had reason to fear harm. (Im not sure what they want for documentation, my Death certificate?) he told me that he would give me a hunting and target, but would not issue an ALP.

I wrote a letter to my CLEO, had no problems. I don't live in Weymouth though. The law is very capricious and arbitrary. Nearly every state that recognizes the right to CCW is "shall issue". It would avoid all this bullshit.
 
The Chief wastes tax payer funds to defend himself and his agenda, and doesn't have the common decency to show up in court. I'll bet he is the first to wonder why public opinion has changed on civil servants wasting money. People of Weymouth and other towns like this remember when they come to you palm up looking for more money. I hope this guy really brings this farce to the towns people attention.
 
doesn't have the common decency to show up in court.
Why should he? The deck is overwhelmingly stacked in his favor even without a personal appearance. Do any of the laywers on this board have experience getting the courts to force removal of a restriction?
 
I would recommend that anyone applying there provide every newspaper clipping they can find that references a violent crime in Weymouth over the last ten years as their "documentation" that shows a preventative need. "Welcome to reality, douchebag! Now stop interfering with my civil rights."
 
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Well, the chief not going to court could be because he is suspended for sexual harassment at the moment, and has been for a while. I was hoping that the acting chief might have been better about gun rights, but aparently no such luck as my application went in only a week or so ago. I hadnt thought of providing newspaper clippings, thats not a bad idea. Probably wont work, but it rubs it in their faces.
 
The very same judges who defer to Police Chiefs' dismissal of applicants' fear of injury to person or property pass out [mostly useless] restraining orders on the mere mention of fear without any documentation whatsoever.
 
If this guy is planning on taking this much further I hope he gets himself competent council. Even the most intelligent of people can turned around trying to understand laws and the procedures required to contest them in court. You can bet the other side will have lawyers.

I once heard it said that "a man who represents himself in court has a fool for a client."
 
Maybe there could be a little side business for the gang members in Dorchester, assaulting people who want to get their gun licenses. Then you could show that you have reason to fear being attacked.
 
I feel pretty grateful that I was given both my lic. without any question or hassle. I almost feel like this story is from another state its just odd to me that in one part of the state a guy can get a ALP lic. but then in some parts its near impossible.

Call me crazy and maybe this is just me being naive but why should it be up to the individual town. There should be like a dmv for guns. No criminal background pass the test heres your Lic. if only it were that simple
 
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