Chardin v. Boston Police (Amicus)

Massachusetts Supreme Judicial Court
Amicus Curiae

Statutory License Denial due to Juvenile Record  --  Loss

The SJC ruled that although the juvenile system did not treat Chardin as a criminal, the act itself was a felony and justifies the lifetime bar to obtaining a license to carry.  They ruled further that becasue Chardin was denied a license under a regulatory statute and his prohibition is not a criminal penalty and therefore not unconstitutional.  

Issue Presented

Whether the Commonwealth's lifetime prohibition against firearms ownership on those adjudicated as juvenile delinquents of non-violent, regulatory crimes, imposed under M.G.L. c. 140, § 131(d), violates Amendment II of the U.S. Constitution by preventing those so adjudicated of their fundamental right to self-defense and their free exercise of the right to keep and bear arms.

Mirko Chardin was denied an LTC having been adjudicated a 'delinquent child' in 1994, which in Massachusetts results in a lifetime LTC ban. 

The Comm2A brief makes several important points including that the plaintiff is not a felon and could never have been incarcerated, that his denial is an ex post facto abridgment of his rights, and that the statute fails to serve any public safety interest.  Oral arguments were held on February 2nd and a decision should be issued by this summer.   Comm2A's brief was submitted by attorney Keith G. Langer.