Challenge to firearms license restrictions that prohibit the possession, carrying, or use of firearms for personal protection
United States District Court — District of Massachusetts (Boston)
Filed: February 4, 2016
Status: Petition for writ of certiorari pending before the US Supreme Court
Gould v. O’Leary (now Gould v. Morgan) is the third right-to-carry case brought by Comm2A against Massachusetts cities and towns. Like our earlier cases, Davis v. Grimes and Batty v. Albertelli , Gould challenges policies in Boston and Brookline that restrict the lawful possession, use, and carrying of firearms in such a way as to deny plaintiffs the ability to use or carry a firearm for personal protection.
Under Massachusetts law, a License to Carry Firearms is required to possess, purchase, and carry handguns and large capacity firearms. Such licenses are usually issued by a licensing authority, typically the Chief of Police, in the city or town in which a person is a resident. Additionally, state law provides police chiefs who “deem proper” the ability to place limitations on those licenses, arbitrarily limiting the license holder to firearms-related activities such as employment, target shooting, hunting, and/or sporting purposes.