Challenge to the lifetime ban on the issuance of a License to Carry to anyone convicted of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed.

United States District Court — District of Massachusetts (Worcester)

Filed: July 18, 2018

Status:  Appeal Pending

The district court issued a ruling against Dr. Morin on March 4, 2020.

Morin v. Lyver is a follow-up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed. 

Three years ago Comm2A and Alfred Morin filed a similar case against then Northborough Police Chief Mark K. Leahy.  That case was dismissed when the First Circuit Court of Appeals ruled that Morin lacked standing to bring such a challenge because he failed to apply for the ‘least restrictive’ license that would allow him to possess a handgun in his home.  Despite clear statutory language to the contrary, the court determined that Morin could possess a firearm in his home had he only applied for a Firearms Identification Card (FID) and a Permit to Purchase (PTP).  

Dr. Morin has since applied for and was issued a Firearms Identification Card.  However, his application for a Permit to Purchase was denied.   

Mr. Morin was represented by Worcester, Massachusetts attorney J. Steven Foley until his passing. David Jensen is now providing the legal services for the case. 

History/Schedule:

• 07/18/2018 — Complaint
• 08/13/2018 — Answer to Complaint by defendant Lyver
• 10/26/2018 — Answer to Complaint by interventor-Defendant Commonwealth of Massachusetts
• 04/25/2019 — Plaintiff’s Motion for Summary Judgement
• 06/12/2019 — Intervenor Commonwealth of Massachusetts’s Cross-Motion for Summary Judgement and Opposition to Plaintiff’s MSJ
• 06/25/2019 — Defendant Lyver’s Opposition to plaintiff’s MSJ and Cross-Motion for Summary Judgement
• 08/27/2019 — Motion Hearing
• 03/04/2020 — Memorandum and Order denying plaintiff’s MSJ and granting defendants’ MSJs
• 03/04/2020 — Notice of Appeal
• 11/20/2020 — APPELLEE’S BRIEF filed by Appellee Commonwealth of Massachusetts
• 11/23/2020 — APPELLEE’S BRIEF filed by Appellee  Town of Northboro
• 01/12/2020 — REPLY BRIEF filed by Appellant Alfred Morin