jrosenberger
Active Member
Comm2A Challenges Restrictions in Worcester, Weymouth, Danvers and Peabody
February 8, 2013, Boston - Today Comm2A filed suit in federal court against four police chiefs in Massachusetts alleging that they violated citizens Second Amendment right to keep and bear arms.
With support from the National Rifle Association, Commonwealth Second Amendment (Comm2A) and six individual plaintiffs filed suit challenging the constitutionality of restrictions placed on the Licenses to Carry issued by police chiefs in the towns of Weymouth, Danvers, Peabody, and Worcester. The suit alleges that the plaintiffs were denied their Second Amendment right to keep and bear arms because the defendants imposed unreasonable and unlawful licensing restrictions on the plaintiffs.
"The fact that there are 351 unregulated and arbitrary practices of issuing licenses in Massachusetts is ridiculous," said Brent Carlton President of Comm2A. "No one would stand for it if it was arbitrarily determined who has the ability to access other rights granted by the Constitution such as free speech."
In all six cases Chiefs determined that individuals who were otherwise lawfully suitable would be restricted from having a firearm for self defense.
Plaintiffs in the lawsuit seek a declaratory ruling that the Massachusetts licensing statute and practices of the defendants that prohibit qualified citizens are unconstitutional because they prohibit qualified citizens such as the plaintiffs from carrying a loaded operable handgun for the purpose of self-defense. The suit also seeks to direct defendants to issue plaintiffs licenses to carry without restrictions that would otherwise prohibit the carrying of firearms for personal protection.
Short summary of MA licensing for those unfamiliar. Hierarchy is:
1 LTC-A unrestricted - allows carry and purchase / possess everything legal MA other than machine guns
2 LTC-A restricted - allows P/P of everything legal but MGs
3 LTC-B - P/P of all legal long guns and non-large cap hanguns
4 FID - P/P of all non large cap long guns
5 Restricted FID - P/P chemical defensive sprays (OC/CS)
The FIDs are shall issue, the LTCs are may issue and issuance and restrictions are at the discretion of the issuing police chief (must apply in your town of residence or business ownership). The suit here challenges the discretionary issuance of restricted LTCs, which prevent plaintiffs from bearing arms for self defense. The case was funded by Comm2A, a Massachusetts 501(c)(3), with help from the NRA. Lead Counsel for plaintiffs is David Jensen.