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Rhode Island Bar Journal Article

EOPSS Rejected for the 11th Consecutive Time

Posted by Keith Langer | Jan 24, 2019 | 0 Comments

The Plymouth District Court overturned an LTC revocation  by the Plymouth chief, who had obeyed the EOPSS memo, which has no authority, instead of using his statutory authority. That is the 11th such decision in seven months.

Of particular interest in this cogent, concise decision is its summary of that memo:

"It is clear to this Court that the sole reason the respondent revoked the petitioner's license was, ironically, in response to the muddled interpretation by a federal agency of a thoughtfully established scheme originated by the Massachusetts legislature as an appropriate means of regulating public safety and providing due process to its citizen's [sic]."

That "muddled interpretation" was what the EOPSS directive was based upon. This is also the fifth court to cite the NH Supreme Court decision, which dealt with the same issue, and arrived at the same conclusion.

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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