License to Carry Firearm (LTC) Revoked/Suspended

It is very difficult to overturn a police chief’s decision to suspend or revoke a license to carry a firearm. A police chief has broad discretion or considerable latitude to issue a firearms carrying license. In order to overturn a police chief’s suspension or revocation on an LTC the gun owner must prove that police chief had no reasonable ground for suspending or revoking the license. To prove this the applicant must show that the refusal to grant the license was arbitrary, capricious or an abuse of discretion.

Carrying a Firearm While Intoxicated In Massachusetts

The law only applies to LOADED FIREARMS and applies to police and state officials and anyone licensed to carry a weapon. When prosecuting someone for carrying a loaded firearm while under the influence of intoxicating liquor (FUI), the Commonwealth must prove beyond a reasonable doubt that the defendant’s consumption of alcohol diminished his ability to safely carry a loaded firearm on his person or have one under his control in a vehicle. Someone can be found guilty of carrying a loaded firearm in a motor vehicle while intoxicated and innocent of operating a motor vehicle under the influence of alcohol.

Improper Storage of a Firearm

The Massachusetts gun storage law is governed by M.G.L 131L section (a). It is a crime in Massachusetts to store a firearm in a place that is not “secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device.”

The law doesn’t require a gun owner to keep the secured container in a secure location, so a firearm that is placed in a secured tamper proof lock box and then placed inside a cooler and brought along during a hunting trip meets the legal requirement. In this example the firearm is secured in a locked container which is sufficient even though the cooler in which the locked container is place isn’t secure by itself.