Stavis v. Carney

12 Mass. L. Rptr. 3
CourtMassachusetts Superior Court
DecidedJuly 31, 2000
DocketNo. 99-349-A
StatusPublished

This text of 12 Mass. L. Rptr. 3 (Stavis v. Carney) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stavis v. Carney, 12 Mass. L. Rptr. 3 (Mass. Ct. App. 2000).

Opinion

Agnes, A.J.

I. BACKGROUND

A. Introduction. The plaintiff seeks relief from a decision of the district court affirming a decision by the Police Chief of Marblehead revoking his license to carry a firearm under G.L.c. 140, §131 on grounds that he was no longer a “suitable person.” The parties assumed that this case involved an appeal from the district court under G.L.c. 231, §97 and not an original proceeding in the nature of certiorari. As a result, the plaintiff did not arrange for the entire record of the proceedings before the district court to be transmitted to the Superior Court as customarily done in certiorari cases. It therefore is necessary to stay the proceedings until the record is compiled and transmitted to this court. However, because the parties expressed uncertainty about the scope of judicial review and due to recent changes in the statutes regulating firearms licenses, a review to clarify the role of the licensing authority, the district court and the superior court in cases under G.L.c. 140, §131 is in order.

B. Prior Proceedings. The record before the court indicates that on December 19, 1997, the plaintiff was arraigned before the Salem District Court and charged with Assault and Battery By Means of a Dangerous Weapon and Accessory Before the Fact based on an incident that allegedly occurred in Salem on December 18, 1997. Commonwealth v. Stavis, No. 9736CR4069 (Salem District Court). The District Court docket indicates that the charges were dismissed on April 7, 1998 due to the Commonwealth’s failure to prosecute. Thereafter, on April 16, 1998, the plaintiff wrote to the Police Chief of Marblehead and explained that he had been arrested in connection with an incident at Paul’s Lounge in Salem and that his firearm license was confiscated by the Salem Police and forwarded to the Marblehead Police department. In his letter the plaintiff stated that “I am requesting the return of my permit, as there was no involvement of firearms on my part, I was not carrying a firearm at the time of my arrest, and the case was dismissed.” He also stated that “I am almost a 30-year resident of the Town. In that time, I’ve never had a ticket in town, or been in trouble elsewhere. I’m not proud of my association with this event, and am certain this will not happen again.” Letter of Robert E. Stavis (April 16, 1998).

On May 5, 1998, Chief Palmer responded to the plaintiffs letter by informing him in writing that he had revoked his license. The Police Chiefs letter states, in relevant part, as follows:

This letter is to notify you that I have revoked your license to carry firearms as a result of actions taken by you on Thursday, 12/19/97 concerning your involvement at Paul’s Lounge where an individual was beaten, guns were shown, and a gun was allegedly pointed at the victim’s head by one of your companions in a threatening manner. In addition, prior to your going to Paul’s Lounge with your companions, you had ample opportunity to avoid going to the Lounge where, based on the Salem Police Department’s report, it was clear you and your companions intended to assault the victim.
Based on the information I have received from the Salem Police Department, I have determined that you are not a suitable person to carry firearms.

Thereafter, the plaintiff filed a petition for review of the Police Chiefs decision with the District Court. See G.L.c. 140, §131. An evidentiary hearing was conducted by the District Court (Cornetta, J.) on October 16, 1998. There is no record before me of the evidence presented to the District Court. What is before me are the Findings and Rulings issued by the District Court. In pertinent part, the court’s decision states that “this petitioner was in the company of 3 individuals when Smith was beaten [and] as a result of the same and petitioner’s failure to notify police of the altercation as it occurred, the police chief would be justified in determining this petitioner is not a suitable person to carry a concealed weapon in the Commonwealth.” On this basis, the court affirmed the decision of Chief Palmer. The plaintiff then filed what he termed an appeal to the Superior Court under G.L.c. 231, §97.

II. COURT’S REASONING A. Nature of Administrative and Judicial . Review in Firearm License Cases

(1) Administrative level — Chief of Police or other licensing authority. Prior to the adoption of the 1998 amendments to the firearm licensing law contained in G.L.c. 140, a person seeking a license to carry a firearm was required to submit to a background check to determine whether he or she had a criminal record or a history of “mental, psychiatric or psychological illness.” G.L.c. 140, §131, para. 1 as appearing in St. 1986, c. 481, §2. After gathering this information, if the individual was not excluded based his or her status as an alien or a conviction for a felony or the unlawful use, possession or sale of narcotic or harmful drugs, the licensing authority was authorized to grant a license to carry a firearm “if it appears that the applicant is a suitable person to be so licensed, and that the applicant has good reason to fear injury to his person or property, or for any other proper purpose, including the carrying of firearms for use in target practice only.” G.L.c. 140, §131, para. 2, as appearing in St. 1986, c. 481, §2. Once issued, such a license was “revocable for cause at the will of the authority issuing the same.” G.L.c. 140, §131, para. 9, as appearing in St. 1986, c. 481, §2. In 1994, the legislature added a fourth exclusion that applies to persons who [5]*5were at the time subject to a restraining order. St. 1994, c. 24, §3.

In 1998, the legislature made significant changes to the Massachusetts laws relating to firearms. Under the current law, there are two categories of licenses to carry firearms. A Class A license entitles the holder,

to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper.

G.L.c. 140, §131(a), as appearing in St. 1998, c. 180, §41.2

A Class B license entitles the holder,

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Bluebook (online)
12 Mass. L. Rptr. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stavis-v-carney-masssuperct-2000.