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Rhode Island Bar Journal Article

EOPSS now 0 for 13

Posted by Keith Langer | Jan 30, 2019 | 0 Comments

ANOTHER COURT REJECTS THE EOPSS DICTAT.

The Boston Municipal Court just issued the thirteenth consecutive decision overturning a revocation of a valid LTC by a police department acting merely in obeisance to the EOPSS memo.

In an extremely detailed, analytical decision, the court expressly rejected the reasoning the one case EOPSS relied (Logan) upon in its missive to the chiefs as "mere dicta," and ordered the LTC to be issued. It also expressly recognized the relief granted by the Firearms License Review Board as a full restoration of rights under MA and Federal law.

This is the second loss for Boston this week, as the Appeals Court overturned the revocation of an LTC because the holder - a business owner who'd already been robbed at gunpoint - presumed to seek the removal of his "Target & Hunting" restriction. The BPD revoked his license, instead. 

The Appeals Court quite correctly found that to be arbitrary and capricious, and ordered the issuance of the LTC, without restrictions, accordingly.

About the Author

Keith Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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