From the mailbag – Licensing Delays

I received the following email today (identifying information removed):

To Whom it May Concern:

I am a money contributor to Comm2A and have been for years. I live in [Massachusetts town name removed]. I applied for my LTC renewal [in] November 2018 at the [Massachusetts town name removed] Police Station. Have heard nothing since.

My father-in-law lives in [different Massachusetts town name removed]. He applied for his LTC renewal [in] November 2018 and has heard nothing since.

Is it time to bring a Federal Court action against the Commonwealth [derogatory term removed]?

Unfortunately, the courts have so far refused to recognize the right to an LTC in Massachusetts. The most recent decision on point is Gould v. Morgan, Court of Appeals, 1st Circuit 2018 . In that case, the court explained that the “core” of the Second Amendment only protects a person’s ability to possess a handgun in the home for self-defense, and the right to “carry” is not protected by the “core”. In Morin v. Leahy, 862 F. 3d 123 – Court of Appeals, 1st Circuit 2017 the court held that one may possess a handgun in the home with only an FID card.

So the current situation is that there is no constitutional protection for a License to Carry. With these decisions dictating the current state of the Second Amendment in Massachusetts, there is little chance of succeeding in a lawsuit claiming that the police dragging their feet to renew a LTC is a Civil Rights violation.

Also, assuming you applied before your previous LTC expired, the PD should have given you a receipt, which extends the validity of your LTC until the renewal is issued or denied.

As of this writing, Gould v Morgan is expected to be appealed. There is also a case that the Supreme Court had announced they will hear that does include expanding the “core” outside the home.

So for the time being, the Second Amendment, as applied in Massachusetts, could be rewritten as “A well regulated militia, being necessary to the security of a free state, the right of squeaky-clean , mentally healthy US Citizens and Green Card Holders to keep a handgun in the home for self defense might not be infringed”