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Rhode Island Bar Journal Article

EOPSS Reasoning Rejected for the 12th Consecutive Time

Posted by Keith G. Langer | Jan 28, 2019 | 0 Comments

EOPSS Is Now 0 for 12.

The Greenfield District Court just issued the twelfth, consecutive rejection of the rationalization asserted by EOPSS, a bureaucracy with no licensing authority, advising chiefs to revoke existing firearms licenses. As with the five other courts providing a detailed analysis, this court noted the decision of the New Hampshire Supreme Court, which rejected EOPSS' reasoning three years before EOPSS issued its missive:

"This court finds the New Hampshire Supreme Court's logic in Dupont v. Nashua Police Department and Dupont v. McDonough et al. NH 2013-0513, 2014-017, 113 A.3d 239 (2015) persuasive in this case. The Petitioner's misdemeanor conviction over thirty years ago does not preclude him from retaining a Firearms Identification Card and it does not preclude the licensing authority in the Town of Sunderland from renewing and issuing a Firearms Identification Card to the Petitioner at present.

Furthermore, this court specifically finds that Petitioner fully restored his civil right to possess a firearm in Massachusetts through a favorable Board decision and therefore the law entitles him to his Firearms Identification Card. As a result the Petitioner is not disqualified by Federal Law from possessing a firearm."

(Bold added).

The chief's decision was overturned.

About the Author

Keith G. 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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