Worcester gun range licenses suspended

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http://www.telegram.com/apps/pbcs.dll/article?AID=/20070222/NEWS/702220754/1101

Worcester gun range licenses suspended

Suicide spurs probe; owner may appeal

By Milton J. Valencia TELEGRAM & GAZETTE STAFF


WORCESTER— Police Chief Gary J. Gemme suspended the Boston Gun Range’s licenses to sell and rent firearms, sell ammunition and to operate as a gunsmith after a disciplinary hearing yesterday.

A lawyer for the Grafton Street gun range said the suspension would effectively close the business.

Yesterday’s hearing followed a recent administrative hearing at which the chief suspended the licenses, but was later ordered by a Superior Court judge to hold a second hearing to take up the penalty question.


The suspension will last until the licenses expire in January 2009. However, the chief said yesterday that he could reinstate them if the gun range follows his interpretation of state law, which is to accept only patrons who have a valid Firearms Identification Card or license to carry.The gun range has allowed patrons to shoot firearms there even if they don’t have a license. The gun range asks them to sign an affidavit attesting they have no felony convictions that would ban them from legally using a firearm. The range had followed the practice for years, as has at least one other public gun range in the state.

But in October, a woman from Uxbridge rented a gun at the Boston Gun Range and killed herself. The suicide triggered a police investigation and police have since argued that the range’s practice of letting unlicensed shooters use firearms is a violation of state law.

A lawyer for the gun range has contested the Police Department’s interpretation of state law, however, setting up what could be a lengthy court battle over gun rights.

Jonathan Finkelstein, representing the gun range, said that ranges are allowed to accept unlicensed patrons, according to the licenses that allow them to operate as gun ranges. Mr. Finkelstein said banning the practice would ban Boy Scouts from seeking a merit badge, or police recruits from getting gun training.

Last month, the city License Commission suspended the gun range’s license to operate for six months, with the balance suspended for one year. The suspension was based on violations police discovered during the suicide investigation. The woman was not supervised at the time; there was no authorized supervisor on duty and the gun range used human silhouettes as targets, in violation of its license.

The Police Department had asked the gun range to voluntarily suspend its practice of allowing unlicensed people to shoot until the issue over state law could be resolved. The gun range refused, saying doing so would essentially put it out of business. Mr. Finkelstein said that some 80 percent of the gun range’s customers don’t have any permit or license. The License Commission had no authority to order the range to end the practice, so the board only issued the suspended sentence based on the violations that were discovered during the police investigation.

However, Chief Gemme on the same day of the commission ruling suspended the licenses over which he has authority: the gun range’s right to sell and rent firearms, to sell ammunition and to operate as a gunsmith.

The chief said at the time that the suspension was based on the same violations that were brought before the License Commission. Still, he said the timing of the suspension was prudent, so that the differences over state law could be resolved.

Mr. Finkelstein contested the suspension and an administrative hearing was held. Again the chief suspended the license. Mr. Finkelstein successfully obtained a court order to stay the suspension until a penalty hearing could be held. That hearing was held yesterday.

Chief Gemme stressed that the suicide raised new concerns with the business’s practices; the woman was a convicted felon with a history of domestic abuse, and wouldn’t have qualified for a firearm permit or license. The chief has cited other instances in which known gang members and convicted felons have used the gun range, which he argued is testimony to the business’s faulty practices. In one case, an undercover police officer told workers at the business that he had no firearm permit or license, rented a weapon and then left with ammunition in his pocket.

The chief said yesterday that he tried to reach a compromise with the business that would keep the license active. No agreement could be reached, however, and he suspended the license, citing the business’s practices.

“Public safety has to take precedence,” the chief said. “The overriding issue here is this all came to light as the result of a tragedy, and that tragedy was a suicide.

“That gave the Police Department an opportunity to look at the practices and procedures, make an assessment, look at Massachusetts General Laws, look at rules and regulations, and identify areas where there are violations.

“They believe a felon can walk in there on an honor system that they are not a felon, rent a weapon and purchase ammunition and shoot a firearm. Those are some of the issues that need to be addressed.”

But Mr. Finkelstein, continuing to contest the chief’s interpretation of state law, indicated a court battle looms.

In addition, he called the indefinite suspension an overly harsh penalty, saying it prevents the business from renting to even people who do have a permit or license. He also noted that the ability to operate a gunsmith was penalized, though there were no indications that the gun range violated the terms of that license.

Mr. Finkelstein said he must review a written order, to see the terms of the suspension, and then decide whether to appeal. He also said his client, range owner Mark Tashijian, must consider financial decisions before determining to appeal.

“He has created forfeiture in the guise of a suspension,” Mr. Finkelstein said.
 
Why don't we just tattoo the "prohibited persons" in something like Queequag in Moby Dick. THEN, it would be easy to tell. Surely Barios would support such an easy service to Public Safety. Oh, and then you would make it a crime to discriminate based on the tattoo. That will stop any abuse.
 
Chief Gary Gemme is a communist and a complete tool... [thinking]


It's readily apparent that Gemme is just a douchebag and is trying to shut
down the range any way possible. He''s a full blown anti (only gives
out restricted licenses, and even then its probably only because of the threat
of legal action... if there were zero repercussions, he probably wouldnt do it at
all. )

-Mike
 
Cause and Effect; gun ranges need to have a license to operate if they are open to the public for members and non-members alike, with this chief’s interpretation of the law there is a possibility that all ranges will need to be licensed in MA.

Recently a club in the North Shore that applied for a club LTC; as they were the first in MA to do this the State Police needed to make a form and formula for issuing the license, since one was never in place. Raise your hand if you think this was a good thing.

Between the events of this private club and the public range I for see a bill or “interpretation” of the law stating that all ranges in MA have the LTC. Once a club has it, it can be revoked and the club be shut down. Think about this at your next club meeting, should someone bring up becoming a “licensed club,” do what you can to keep it from happening. This could be a big loser for us all.

Just my simple thoughts on the subject.
 
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