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 issue 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. 

There 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 once again represented by Worcester, Massachusetts attorney J. Steven Foley

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
  • 06/08/2020 — Appellant Morin’s brief due
  • 07/08/2020 — Defendants’ brief due
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