Interesting Mass Appeals Court Decision - Boston LTC

[TLB]

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

Murder is charged when you meant to kill them.

 

[oldguy68]

Boston Strong!

 

[pastera]

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".

Was this a Comm2a case?

If so, that makes me feel even better about my small but consistent monthly donation.
Hopefully I'll be able to crank it up now that my wife is back to work

 

[AHM]

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

Fascinating read.

And the result of the case is history in the making -
the issuance of the Commonwealth's very first LTC-D.

 

[Broc]

Question:

If you moved to Boston and had to renew in Boston, would you automatically submit the renewal application with a letter from an attorney?

 

[JZ1018]

Question:

If you moved to Boston and had to renew in Boston, would you automatically submit the renewal application with a letter from an attorney?

I was told by the licensing officer that once you have an unrestricted license, Boston will not impose restrictions upon renewal.

 

[Broc]

I was told by the licensing officer that once you have an unrestricted license, Boston will not impose restrictions upon renewal.

Interesting... so, if you trust them, you might get f-ed.

If you dont trust them and show up with a letter from an attorney, they might have been nice about it but now might f-you.

 

[JZ1018]

Interesting... so, if you trust them, you might get f-ed.

If you dont trust them and show up with a letter from an attorney, they might have been nice about it but now might f-you.

Don't know what reality is, just what I was told. I got an unrestricted license in Boston because I am an instructor. I asked if I gave up instructing, would I then have restrictions imposed. She told me no, once unrestricted in Boston, always unrestricted. She also told me that if some one moves into Boston with no restrictions, they will also not impose restrictions upon renewal in Boston.

 

[AHM]

The Suffolk Superior Court's ruling in Phipps makes it interesting
to wade through NES's initial dissection of Simkin.

That's because the appeals court states that
for a finding of unsuitability to not be arbitrary and capricious,
the finding must "bear a reasonable nexus to public safety".

So now (in Suffolk County), there's a standard that suitability tests must attain.

 

[Knuckle Dragger]

Was this a Comm2a case?

If so, that makes me feel even better about my small but consistent monthly donation.
Hopefully I'll be able to crank it up now that my wife is back to work

It was not.

 

[Boston4567]

This is a really good ruling. From page 20:

"We find no language in the licensing statute that supports the department's apparent practice of denying unrestricted licenses to carry firearms to first-time applicants who, like Phipps, are neither police officers nor attorneys."

This is why we need to fight them in the state courts as well as federally. Federal courts are restricted to rectifying constitutional violations, while state courts can remedy statutory violations. Granted, MA courts haven't been traditionally inclined to do that, but if you push hard enough for long enough, you can move the dial.

 

[FancyGunz]

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

What is wrong with it? It's a completely valid reason for "needing" a firearm, in the eyes of many PDs. It is also an actual valid reason because it makes you a nice juicy target. Business owner goes to the bank every Friday to deposit cash from safe, easy to figure out the pattern and rob him.

 

[Editor]

. . . the Commonwealth's very first LTC-D.

What is an LTC-D?

 

[M1911]

What is wrong with it? It's a completely valid reason for "needing" a firearm, in the eyes of many PDs. It is also an actual valid reason because it makes you a nice juicy target. Business owner goes to the bank every Friday to deposit cash from safe, easy to figure out the pattern and rob him.

My life is just as important as someone’s cash.

 

[fishgutzy]

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.

Homicide can include accidental poisoning as well. The fact the he went into convulsions immediately after drinking a new protein powder mix for the first time but was nit allergic to any ingredient listed, means either a deliberate or accidental poisoning. The fact that his wife did not seek out a lawyer to sue to maker of the protein powder leads most of us in the family to believe is was not an accidental poisoning. But the widow wants people to believe it was an allergic reaction.

 

[firestorm]

What is wrong with it? It's a completely valid reason for "needing" a firearm, in the eyes of many PDs. It is also an actual valid reason because it makes you a nice juicy target. Business owner goes to the bank every Friday to deposit cash from safe, easy to figure out the pattern and rob him.

Because if we allow that as the reasoning then anyone who does not make "Large cash deposits" can have their rights restricted and be unable to carry. How about "Not prohibited person" be the reason that we shoot for?

 

[milktree]

My life is just as important as someone’s cash.

Yes.

The logic is that nobody cares about you enough to hurt you if you’re not carrying something worth killing for.

 

[Dennis in MA]

So what we have is. . . .

First rule of Gun Club is. . . . Don't live in Boston.
Second rule of Gun Club is. . . . . DON'T LIVE IN BOSTON.

 

[rwl1955]

My life is just as important as someone’s cash.

Not according to Dems and anti-gun zealots. Actually they'd prefer you and I dead, two less Conservative voters standing in their way.

 

[AHM]

... the Commonwealth's very first LTC-D.

What is an LTC-D?

When you read the statute that the posting linked to,
what did it say about "Class D"?

 

[Editor]

When you read the statute that the posting linked to,
what did it say about "Class D"?

A Class D substance has precisely nothing to do with an LTC.

 

[milktree]

A Class D substance has precisely nothing to do with an LTC.

I'm pretty sure that was the joke.

 

[JZ1018]

What does this mean for Gould?

 

[AHM]

A Class D substance has precisely nothing to do with an LTC.

When you read the case,
what did it say about "Class D"?

 

[AHM]

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

The corrupt hacks broomed the court record,
but it lives on in Google Scholar.

 

[Knuckle Dragger]

The corrupt hacks broomed the court record,
but it lives on in Google Scholar.

Wow

 

[AHM]

Wow

In particular, using mass.gov's own search engine for "phipps" yields only 9 irrelevant hits.
ETA:

• 6 bus schedules.
• 2 other cases.
• The Cambridgeport library staff directory.

 

[HorizontalHunter]

The correct decision would be there is nothing in the state constitution or the bill of rights that calls for a citizen to demonstrate any reason or need to exercise their rights.

Bob

 

[Rob Boudrie]

So what we have is. . . .

First rule of Gun Club is. . . . Don't live in Boston Brookline.
Second rule of Gun Club is. . . . . DON'T LIVE IN BOSTON.

Boston will let some unrestricteds go thru if you know how to play the game. Brookline regards restricting licenses when they cannot trump up a reason to deny as a departmental jihad and you need power, not just know the game, to the unrestricted in that city.

 

[TayNinh_66]

Boston will let some unrestricteds go thru if you know how to play the game. Brookline regards restricting licenses when they cannot trump up a reason to deny as a departmental jihad and you need power, not just know the game, to the unrestricted in that city.

There are some missing pieces to this story. If Phipps had requested a business restriction he would probably have received it and saved himself a lot of money. Everyone in Boston is well aware of the default issuance of target and sport. If you supply bank deposit records, and a copy of the police report of the robbery with the application, Lt McDonough will give unrestricted serious consideration. But you still have to get past his personal interview. If his spidey sense goes off you get restricted.

I don't think BPD will change it's unwritten licensing policies at all. This opinion is not binding precedent. Merely persuasive. Most people are not going to drop 20 grand to change an arbitrary restriction.