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 15, 2018
Status: Judgement Pending
A motion hearing was held on August 27th in Worcester. The case is under advisement and the court’s opinion is pending.
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.
- 08/27/2019 — Motion Hearing
- 06/25/2019 — Defendant Lyver’s Opposition to Plaintiff’s MSJ and Cross Motion for Summary Judgement
- 06/12/2019 — Intervenor Commonwealth of Massachusetts’s Cross Motion for Summary Judgement and Opposition to Plaintiff’s MSJ
- 04/25/2019 — Plaintiff’s Motion for Summary Judgement
- 10/26/2018 — Answer to Complaint by interventor-Defendant Commonwealth of Massachusetts
- 08/13/2018 — Answer to Complaint by defendant Lyver
- 07/18/2018 — Complaint