Cap'n Mike
NES Member
Worse than Red Flag laws in my opinion, as these appear to be very prevalent and easy to get.
LTCs now being suspended for Harassment Prevention Orders
Harassment Prevention Orders (“HPO’s”), issued under G.L. c. 258E, operate similar to domestic violence restraining orders in Massachusetts but affect individuals who are typicall…
lawguida.com
LTCs now being suspended for Harassment Prevention Orders
ON AUGUST 31, 2022 BY JAGUIDAIN LEGAL UPDATES
Harassment Prevention Orders (“HPO’s”), issued under G.L. c. 258E, operate similar to domestic violence restraining orders in Massachusetts but affect individuals who are typically unrelated and have never been involved in a dating relationship. An HPO can be issued against any person if a court finds that this person has committed 3 or more acts against another person with the “intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property.” This means that your neighbor or coworker can seek an HPO if he or she feels that you are intimidating them or placing them in fear of harm.
HPOs and the facts surrounding these orders have always been considered by licensing authorities when determining whether an LTC holder is a suitable person to hold the license. While denials and suspensions did occur, often times licensing authorities could read between the lines and differentiate between a legitimate risk to public safety and a frivolous dispute between difficult neighbors. Unfortunately, the recently enacted firearms legislation, Chapter 175 of the Acts of 2022 (effective August 10, 2022), added HPOs to the laundry list of disqualifiers for an LTC. As a result, licensing authorities no longer have the discretion to allow an LTC to remain active after the issuance of an HPO.
Our office has received reports in recent days from LTC holders with valid LTCs receiving suspension notices due to active HPOs. It is possible that police departments are being advised to take action by state authorities as a result of the new legislation.