District Court judge shoots down state’s license-to-carry law
Holds gun permit test unconstitutionally vague, overbroad
The state’s license-to-carry statute violates the Second Amendment by not providing objective standards for local police chiefs to exercise their authority to deny a gun owner’s application for a permit brd on a finding of “dangerousness,” a Holyoke District Court judge has held.
The case addressed Holyoke Police Chief David Pratt’s denial of an LTC permit application submitted by petitioner Randy Westbrook.
In his appeal from the denial of the application, the petitioner argued that G.L.c. 140, §131, runs afoul of New York State Rifle & Pistol Association v. Bruen and other recent U.S. Supreme Court decisions interpreting the Second Amendment’s right to bear arms. Specifically, Westbrook contended that the “suitability” standard set forth in §131 for a police chief’s assessment of dangerousness is unconstitutionally vague and overbroad.
Judge William P. Hadley agreed, reversing Chief Pratt’s permit denial and ordering issuance of an LTC to Westbrook.
