Local Police Chiefs Have Broad Discretion to Suspend or Revoke a License to Carry (LTC) a Firearm in Massachusetts
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.
The owner of firearms must surrender them to the licensing authority, unless an appeal is pending, whenever an LTC is suspended or revoked by the local police chief.
Our firm has a proven track record of getting client’s LTC reinstated and their firearms returned.
May 11, 2017
Commonwealth v. D.S.
Marlboro District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.
Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.
September 17, 2015
Chief of Police v. T.Z.
FIREARM SUSPENSION: LICENSE TO CARRY REINSTATED
Client had a valid license to carry firearms (LTC). The chief of police suspended his LTC pursuant to G.L. c. 140, § 131 because he was arrested and charged with a felony sex offense. As a result of his arrest, client was required to surrender all his firearms to the police department. After successfully resolving his criminal case, Attorney Patrick J. Noonan petitioned the chief of police to reinstate his client’s LTC and return his firearms.
Result: Attorney Patrick J. Noonan convinces chief of police to reinstate his client’s LTC and his firearms were returned.
Was Your License to Carry Firearm (LTC) Revoked/Suspended?
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If your LTC a firearm was revoked/suspended, you need a lawyer that knows the ins and outs of this specialized area of law. You need an attorney that has handled ammunitions and firearms cases for clients in the past. No matter where you are located in Massachusetts, expert legal help is just a phone call away. To schedule a free, no-obligation case review and free consultation with an experienced Brockton / Greater Boston Area, MA Criminal Defense Trial Lawyer call our law offices at (508) 584-6955.