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.
- 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