Gun permit plan takes hit
Worcester may fight ruling
By Milton J. Valencia TELEGRAM & GAZETTE STAFF
WORCESTER— The Police Department’s strict gun-licensing policy has lost its first court challenge, with a District Court judge overturning the suspension of a Shrewsbury man’s permit to carry a gun, Police Chief Gary J. Gemme said.
The suspension came after the man was arrested for punching his wife in the face.
Chief Gemme stands by the policy and the suspension, saying he has the authority to decide who is suitable to hold a gun permit. In this case, the chief said, the Shrewsbury man is not, and the chief is seeking other ways to revoke the man’s permit. The man applied for his permit in Worcester because he works here.
Under the policy enacted a year ago, the chief reserves the right to determine who is suitable to carry a gun by considering a person’s history, particularly violence. The person’s history does not depend on whether he was ever convicted. State law bans felons from possessing a gun but allows local authorities to consider other factors when issuing a gun permit.
Gun-rights groups blasted Chief Gemme’s policy, saying it’s too broad and infringes on personal rights. Chief Gemme has maintained the policy was needed to keep guns out of the hands of gangsters and people with violent histories.
The chief has suspended more than 30 licenses and revoked others in the last year.
In the case of the Shrewsbury man, the chief suspended the license on Sept. 14, two days after the man was arraigned on charges he had punched his wife in the face.
According to court records, Raymond J. Holden, 52, of 6 Rice St., Shrewsbury, had been out with his wife drinking and having dinner when the two began arguing. She called a cab, but he eventually drove her to her daughter’s house, on Main Street, Shrewsbury, according to the records. While parked in the driveway, he allegedly punched her in the face, then made his way to the other side of the car and dragged her out of the passenger side door. The woman’s daughter called police.
According to court records, Mr. Holden told police that he did hit his wife, after she hit him first. Police noticed a scrape on Mr. Holden’s face, but they considered it was an old wound received before the fight, according to court records. Mr. Holden was charged with domestic assault and battery.
The case was later dismissed.
Mr. Holden sought the reinstatement of his firearms permit and was denied. He challenged the denial in Central District Court.
In a ruling released Monday, the court reinstated the license. Associate Justice Dennis J. Brennan wrote that, while police could base the suspension on the initial arrest, they could not reject the request to reinstate the license because the charge had been dismissed. Justice Brennan wrote that there is no factual determination from the case to base the decision to reject the reinstatement.
“The court takes judicial notice that many allegations of criminal conduct, whether made by citizens or by police officers, are without foundation in fact,” the judge wrote.
Chief Gemme said the city may appeal the ruling and the department is considering other ways to revoke the permit. He said the judge ruled that the suspension could not be based on the charges because the charges were dismissed. But, the chief said, he still has the authority to consider a person’s past. He cited the state law that gives him the authority to consider an applicant’s past, regardless of the suppression of evidence, dismissal of charges or even in the case of a gubernatorial pardon.
The chief’s argument was listed in court records, saying past rulings have upheld a licensing authority’s consideration of a person’s history, even if there are no charges.
“Furthermore, the courts have held (that) the licensing authority is allowed to consider evidence of volatile relationships, evidence from illegal searches, dismissed charges, relevant hearsay and lack of compliance with firearms laws in determining suitability,” the city argued.
Chief Gemme said his biggest concern is the domestic violence charge, noting such charges are often dismissed because a witness, or victim, decides not to cooperate in court. Still, the chief said, that doesn’t mean the domestic violence never happened.
Mr. Holden could not be reached for comment.
The chief said reluctant witnesses have made it harder to prosecute domestic violence incidents, but he stressed such cases are a concern for police because of the nature of the crime.
“It’s not something that just happens once,” the chief said. “There’s a very high probability it’s going to happen again.”
Worcester may fight ruling
By Milton J. Valencia TELEGRAM & GAZETTE STAFF
WORCESTER— The Police Department’s strict gun-licensing policy has lost its first court challenge, with a District Court judge overturning the suspension of a Shrewsbury man’s permit to carry a gun, Police Chief Gary J. Gemme said.
The suspension came after the man was arrested for punching his wife in the face.
Chief Gemme stands by the policy and the suspension, saying he has the authority to decide who is suitable to hold a gun permit. In this case, the chief said, the Shrewsbury man is not, and the chief is seeking other ways to revoke the man’s permit. The man applied for his permit in Worcester because he works here.
Under the policy enacted a year ago, the chief reserves the right to determine who is suitable to carry a gun by considering a person’s history, particularly violence. The person’s history does not depend on whether he was ever convicted. State law bans felons from possessing a gun but allows local authorities to consider other factors when issuing a gun permit.
Gun-rights groups blasted Chief Gemme’s policy, saying it’s too broad and infringes on personal rights. Chief Gemme has maintained the policy was needed to keep guns out of the hands of gangsters and people with violent histories.
The chief has suspended more than 30 licenses and revoked others in the last year.
In the case of the Shrewsbury man, the chief suspended the license on Sept. 14, two days after the man was arraigned on charges he had punched his wife in the face.
According to court records, Raymond J. Holden, 52, of 6 Rice St., Shrewsbury, had been out with his wife drinking and having dinner when the two began arguing. She called a cab, but he eventually drove her to her daughter’s house, on Main Street, Shrewsbury, according to the records. While parked in the driveway, he allegedly punched her in the face, then made his way to the other side of the car and dragged her out of the passenger side door. The woman’s daughter called police.
According to court records, Mr. Holden told police that he did hit his wife, after she hit him first. Police noticed a scrape on Mr. Holden’s face, but they considered it was an old wound received before the fight, according to court records. Mr. Holden was charged with domestic assault and battery.
The case was later dismissed.
Mr. Holden sought the reinstatement of his firearms permit and was denied. He challenged the denial in Central District Court.
In a ruling released Monday, the court reinstated the license. Associate Justice Dennis J. Brennan wrote that, while police could base the suspension on the initial arrest, they could not reject the request to reinstate the license because the charge had been dismissed. Justice Brennan wrote that there is no factual determination from the case to base the decision to reject the reinstatement.
“The court takes judicial notice that many allegations of criminal conduct, whether made by citizens or by police officers, are without foundation in fact,” the judge wrote.
Chief Gemme said the city may appeal the ruling and the department is considering other ways to revoke the permit. He said the judge ruled that the suspension could not be based on the charges because the charges were dismissed. But, the chief said, he still has the authority to consider a person’s past. He cited the state law that gives him the authority to consider an applicant’s past, regardless of the suppression of evidence, dismissal of charges or even in the case of a gubernatorial pardon.
The chief’s argument was listed in court records, saying past rulings have upheld a licensing authority’s consideration of a person’s history, even if there are no charges.
“Furthermore, the courts have held (that) the licensing authority is allowed to consider evidence of volatile relationships, evidence from illegal searches, dismissed charges, relevant hearsay and lack of compliance with firearms laws in determining suitability,” the city argued.
Chief Gemme said his biggest concern is the domestic violence charge, noting such charges are often dismissed because a witness, or victim, decides not to cooperate in court. Still, the chief said, that doesn’t mean the domestic violence never happened.
Mr. Holden could not be reached for comment.
The chief said reluctant witnesses have made it harder to prosecute domestic violence incidents, but he stressed such cases are a concern for police because of the nature of the crime.
“It’s not something that just happens once,” the chief said. “There’s a very high probability it’s going to happen again.”
