Interesting Mass Appeals Court Decision - Boston LTC

[Della Street]

https://www.mass.gov/files/documents/2019/01/30/16P1045.pdf

Reversed Boston's licensing authority revoking man's restricted LTC. Appeals Court determined man had shown substantial need for unrestricted LTC.

 

[Rockrivr1]

Holy Crap! Snowball in hell just appeared. I'm thinking they denied so many they figured they had to let one get approved so they don't look fully bias.

 

[Inside Out]

This guy had his license revoked in 2013. It's now 2019. So he's been fighting it out for 5.5+ years.

Remember that the next time you think "we'll overturn it in court."

 

[jhblaze1]

reading the background is infuriating.....cop agrees to meet with Phipps, cop pockets his license then starts accusing him of lying about how he came to the decision to write a letter.

McDonough is a perfect example of why so many people hate cops. Arrogant a**h***.

 

[BUMPA01603]

A small victory, but it's one for the WIN column, we'll take it!

 

[92G]

i hope he learned his lesson in the future to hire an attorney for representation rather than go make his case in person with the PD.

 

[SailingNut]

It still irritates me that Boston is allowed to be so significantly different in its approach to unrestricted licenses from a Town or City just one centimeter away from the Boston City limits. Live on inch outside of Boston in Dedham or Milton, and the rules are different. Boston = restricted BY DEFAULT. That’s what needs to change. How are they allowed to get away with that !?

“....shall not be infringed.”

 

[LLF]

It still irritates me that Boston is allowed to be so significantly different in its approach to unrestricted licenses from a Town or City just one centimeter away from the Boston City limits. Live on inch outside of Boston in Dedham or Milton, and the rules are different. Boston = restricted BY DEFAULT. That’s what needs to change. How are they allowed to get away with that !?

“....shall not be infringed.”

Boston gets away with it... Because they can! If you don't like their rules, you can sue them! Of course, they have all sorts of attorneys and defending the suit won't cost them a dime, whereas you will spend thousands of $$ on your own attorney with no guarantee of success. In fact, any officer who appears in court against you gets PAID to do so -- minimum of 4 hours at I believe $28 or $35/hour. As an added bonus you (the taxpayer) gets to pay to have your rights denied because your taxes pay the salaries for those officers and staff attorneys. And don't look for any help from your state rep or senator -- they do whatever Bobby DeLeo or Karen Spilka tells them to do and right now DeLeo and Spilka are in a gun-grabbing mood.

 

[Palladin]

good read. it's important that they ruled 'arbitrary & capricious', that can be used at a later date for reference

 

[SailingNut]

Boston gets away with it... Because they can! If you don't like their rules, you can sue them! Of course, they have all sorts of attorneys and defending the suit won't cost them a dime, whereas you will spend thousands of $$ on your own attorney with no guarantee of success. In fact, any officer who appears in court against you gets PAID to do so -- minimum of 4 hours at I believe $28 or $35/hour. As an added bonus you (the taxpayer) gets to pay to have your rights denied because your taxes pay the salaries for those officers and staff attorneys. And don't look for any help from your state rep or senator -- they do whatever Bobby DeLeo or Karen Spilka tells them to do and right now DeLeo and Spilka are in a gun-grabbing mood.

Doesn’t make it right.

 

[Dennis in MA]

instead, based upon their conversation, the commander revoked
Phipps's license, deeming him no longer a suitable person to
possess a license

One has to wish painful, non-life-threatening ass-cancer on that office. What a toolbag. Really hoping the next SC decision or two broadens things so far that these terrible cities and the State House has to go pound sand.

EDIT:

Best part - if he wanted to be a criminal, he'd just carry the gun and F the police. This is class-A stupid. All of it. The older I get, the more adamant I am about 2A rights.

 

[sieveboy]

The “carrying large sums of money” bullshit is infuriating to read

 

[VetteGirlMA]

https://www.mass.gov/files/documents/2019/01/30/16P1045.pdf

Reversed Boston's licensing authority revoking man's restricted LTC. Appeals Court determined man had shown substantial need for unrestricted LTC.

I like how the court considered the decision by the cop capricious. Now if only the citizens of Boston can have the cop fired and removed from any police work for life, you know capriciously. Let the cop sit there with an evaporated pension, career and wonder what it feels like to have people make arbitrary decisions on his life.

 

[Rob Boudrie]

Note that the court considers gun ownership to be a "civil" right. There are those who argue it is "constitutional, not civil" in nature. If that is the case, voting is not a civil right either.

 

[E.Stoner]

So will the state refund him his legal costs?

 

[fishgutzy]

The “carrying large sums of money” bullshit is infuriating to read

Money and jewels are more valuable to a libtard than a human life. To them a murder is just a late term abortion.
One of my wife's nephews was poisoned almost 2 years ago. Crime lab still hasn't release test results to BPP detectives even though his death was ruled a homicide.

 

[LLF]

Doesn’t make it right.

Who said gun laws were supposed to be fair? Certainly no one in City Hall or the Statehouse

 

[HorizontalHunter]

So will the state refund him his legal costs?

 

[Waher]

This guy managed to wait and fight it out in court. Think about how many applicants over that 5-1/2 years couldn't do the same for the lack of financial resources. This is a blatant 14th amendment issue.

 

[Rob Boudrie]

This guy managed to wait and fight it out in court. Think about how many applicants over that 5-1/2 years couldn't do the same for the lack of financial resources. This is a blatant 14th amendment issue.

The phrase "This has the backing of Comm2a" is starting to get credibility as code for "This person will not go away when his lawyer quotes his/her fee".

 

[milktree]

One of my wife's nephews was poisoned almost 2 years ago. Crime lab still hasn't release test results to BPP detectives even though his death was ruled a homicide.

This is bizarre, what possible reason do they have to not release the results?

The only thing I can think of is that the results would exonerate someone they’re convicted and they’d have to let someone free.

 

[Rob Boudrie]

The only thing I can think of is that the results would exonerate someone they’re convicted and they’d have to let someone free.

Or implicate a protected person.

 

[fishgutzy]

This is bizarre, what possible reason do they have to not release the results?

The only thing I can think of is that the results would exonerate someone they’re convicted and they’d have to let someone free.

They have not gotten around to testing. Not a high priority. Just a father who might have been poisoned by his wife is all. Both are Puerto Rican.
Maybe the medical examiner is assuming it was just an allergic reaction to a protein supplement he used for the first time. But anaphylaxes causes the heart to slow down, not speed up until it gives out in the ER not matter what the doctors do. And epi would have stopped the allergic response.

 

[milktree]

They have not gotten around to testing. Not a high priority. Just a father who might have been poisoned by his wife is all. Both are Puerto Rican.
Maybe the medical examiner is assuming it was just an allergic reaction to a protein supplement he used for the first time. But anaphylaxes causes the heart to slow down, not speed up until it gives out in the ER not matter what the doctors do. And epi would have stopped the allergic response.

And yet they came up with "murder"...

 

[M1911]

Money and jewels are more valuable to a libtard than a human life. To them a murder is just a late term abortion.
One of my wife's nephews was poisoned almost 2 years ago. Crime lab still hasn't release test results to BPP detectives even though his death was ruled a homicide.

I'd be jumping up and down screaming and making a complete pest of myself. Call the detectives every day. Call politicians. Call the head of the crime lab. Call the press.

 

[Jbarila]

Interesting the determination listed " For all lawful purposes" but the police are not accepting that reason in many towns.

 

[Rob Boudrie]

Interesting the determination listed " For all lawful purposes" but the police are not accepting that reason in many towns.

"All lawful purposes" ceased having grammatic congruence when it started to come after "Restrictions" rather than "reason for issuance". Neither "Reason for issuance: none" or "Restrictions: All lawful purposes" made much sense, so now we have "Restrictions: none".

 

[fishgutzy]

And yet they came up with "murder"...

"Homicide." Meaning not natural causes and not suicide. But the tox screen is necessary to determine whether he was poisoned.

 

[milktree]

"Homicide." Meaning not natural causes and not suicide. But the tox screen is necessary to determine whether he was poisoned.

Is there any difference between "murder" and "homicide"? One is more fancy-talk, surely, but they have the same meaning, don't they?

 

[StevieP]

Is there any difference between "murder" and "homicide"? One is more fancy-talk, surely, but they have the same meaning, don't they?

From the homicide wiki:

Homicide is the act of one human killing another.[1] A homicide requires only a volitional act by another person that results in death, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm.[2] Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.