Just one more shining example of why all firearms permits should be granted on a "shall issue" basis (or to use a Bradyism... "force" the police to issue the permit).
"Gemme gets Tough on Guns: Rules for Licensing Made More Stringent"
"WORCESTER - Revisions that Police Chief Gary J. Gemme has made to the Police Department's gun-licensing policy have made it one of the most stringent in the state, the chief said, calling it an effort to limit who is eligible to obtain a gun license in Worcester.
The chief said he was motivated by recent instances in which people with clean records were able to obtain a gun but then were seen with known gang leaders, leaving police to wonder who is in control of the weapon and the reason for which it is being used.
The federal Bureau of Alcohol, Tobacco and Firearms and Explosives has said it has seen more cases of such "straw" people obtaining a gun to provide it to someone who is precluded, for various reasons, from having a license. Chief Gemme has said his policy, released last week, redefines a "suitable" person, one of the criteria state law leaves to local licensing authorities to define."
8<---- Snip"Chief Gemme said his new policy narrows the definition of a "suitable" person.
Under his plan, an applicant can be disqualified if he or she:
Has been
arrested for a misdemeanor punishable by imprisonment for more than two years;
(
Note: simply being arrested with no conviction or finding of guilt will result in the permit being denied)
Has been arrested for any felony or any incident involving physical violence or threats to commit physical violence;
(
Again; no finding of guilt necessary).
Has been involved in a domestic violence incident that results in the issuance of a temporary or permanent restraining order against him or her;
Has had any drug arrest, including marijuana;
Does not have a job;(
Being unemployed makes a person untrustworthy or unsuitable...:wtf:)
Has been arrested for driving under the influence of alcohol or has multiple minor alcohol-related arrests;
(
More B.S. Under current MA law, if a person had been convicted of a DUI on or after May 27, 1994, then it becomes an automatic disqualifyer for a firearms permit. Reason is that after that date, the max penalty for a 1st time DUI was increased to 2 1/2 years. However, what Gemme is doing here is using his broad discretionary powers to use any DUI conviction to deny the permit... regardless of how long ago it was)
Has had any past or present affiliation, association or cohabitation with any person or group with a known criminal history.
(
Having a poor choice of friends or associates is a crime now... even if the affiliation was in the past?)Moreover, the chief said he will ask applicants their intended use of the weapon, rather than allowing them to check off a box saying it's for "all lawful purposes."
Under the chief's plan, the only allowed purposes will be:
Sporting, for which the gun can be used only at shooting and target clubs;
Target practice, for which it can be used only at a shooting club or facility;
Hunting, for which a license will only be issued for a large- capacity rifle and a shotgun;
Personal protection, in which case the applicant must specify the reason he fears injury to himself or his property."
More...One final note for those unfamiliar with the ridiculous, over bearing MA firearms laws:
A permit is required to purchase, posses and own
any firearm.
A permit to own a "non-large capacity longarm" requires an FID which is "shall issue" (meaning if there are no disqualifiers, the Chief
is forced has to issue it).
A permit to purchase, posses and own a "large capacity longarm" and/or a "non-large capacity handgun" requires a MA Class B LTC (License to Carry).
A permit to "purchase, posses and own" a large capacity longarm" and/or
a "large capacity handgun" requires a MA Class A LTC.
A Class A LTC is also the permit required for carrying a concealed firearm; otherwise known as "For All Lawful Purposes" or ALP.
Both the Class A and Class B permits are "may issue".
Normally, the Police Chief uses his discretionary powers with regards to issuing licenses for ALP (depends on the Chief). The license usually has restrictions placed on it such as "for sporting or target use only).
Under Gemmes new policy, he is denying or going beyond what is fair practice in issuing permits simply to buy, own or purchase "assault" type firearms and handguns.
Welcome to the Gulag...