STEVE LeBLANC, Associated Press
BOSTON (AP) — The chief of police in Worcester was within his rights to deny a gun license to a man charged with domestic violence, the state’s highest court ruled yesterday.
In a unanimous ruling, the seven-member Massachusetts Supreme Judicial Court also found that the state’s “suitable person” standard used to deny the license is constitutional.
The case dates back to 2005, when the Worcester police chief used the “suitable person” standard to deny Raymond Holden a license to carry. The chief suspended Holden’s license two days after he was arraigned for allegedly assaulting his wife.
The chief defended the suspension on the grounds that Holden was not suitable to carry firearms based on Holden’s arraignment on the assault and battery complaint.
Holden’s wife signed a statement saying that after arguing at a restaurant Holden drove to their daughter’s home, punched her in the face, pulled her out of the car, threw her to the pavement and drove away.
The complaint against Holden was dismissed two weeks later at the request of Holden’s wife, but the police chief continued to deny Holden a gun license.
Holden argued that the denial of the gun license violated his Second Amendment rights under the U.S. Constitution.
In part, Holden argued the law allowing the police chief to deny him a license is unconstitutional because at the time it didn’t allow for a hearing before the chief, and didn’t let him confront and cross-examine witnesses in district court.
He also argued that the “suitable person” standard is unconstitutional because it is subjective, vague and allowed the chief to permanently disqualify him from getting the license.
Lower courts had sided with Holden, but the Superior Court ruled in favor of the police chief. The SJC sided with the Superior Court and rejected Holden’s argument.
The SJC ruled that conduct which is criminal and violent — regardless of whether it resulted in a criminal conviction — is grounds for denial, revocation, or suspension of a license to carry a firearm on the basis of unsuitability.
“Holden’s license was revoked, and his application for renewal of his license was denied, based not on a generalized, subjective determination of unsuitability, but on specific and reliable information that he had assaulted and beaten his wife,” the court said.
The court also ruled that the suitable person standard “passes muster under the United States and the Massachusetts Constitutions.”
The state has recently updated its gun laws, including portions of the law that relate to the authority of local police chiefs to deny firearms licenses.
Former Gov. Deval Patrick last year signed a bill into law giving chiefs the right to go to court to try to deny firearms identification cards needed to buy rifles or shotguns to people they feel are unsuitable to have access to the weapons.
Police chiefs currently have the right to deny “licenses to carry” to individuals they feel are unsuitable to carry handguns.
The new law retains that authority, but requires police chiefs to give written reasons for any applications they choose to deny. Their decisions would have to be based on public safety and could be appealed in court.
