Chief of Police of Shelburne v. Moyer
| Court | Appeals Court of Massachusetts |
| Citation | 16 Mass.App.Ct. 543,453 N.E.2d 461 |
| Parties | CHIEF OF POLICE OF SHELBURNE v. Paul S. MOYER. |
| Decision Date | 02 November 1983 |
Page 461
v.
Paul S. MOYER.
Franklin.
Decided Aug. 22, 1983.
Further Appellate Review Denied Nov. 2, 1983.
Page 462
Michael F. Farrington, Sp. Asst. Atty. Gen., for plaintiff.
Marguerite M. Dolan, Turners Falls, for defendant.
Before HALE, C.J., and ARMSTRONG and KASS, JJ.
HALE, Chief Judge.
The defendant in this action in the nature of certiorari (G.L. c. 249, § 4) was denied a license to carry firearms (G.L. c. 140, § 131, as amended by St.1975, c. 113, § 1) and filed a petition for judicial review in a District
Page 463
Court under the second paragraph of § 131. After a hearing a judge of that court ordered that the license be issued, and the chief of police filed the present action in the Supreme Judicial Court. The case was transferred to the Superior Court (G.L. c. 211, § 4A, as amended through St.1978, c. 478, § 100), where a judge upheld the judgment of the District Court. The chief of police has appealed from that determination. We reverse.[16 Mass.App.Ct. 544] As the review by the Superior Court was confined to the record of the District Court, our review on appeal is also directed to that record to determine whether there are substantial errors of law apparent on that record adversely affecting material rights. Cambridge Housing Authy. v. Civil Serv. Commn., 7 Mass.App.Ct. 586, 587-588, 389 N.E.2d 432 (1979), and cases therein cited. Murray v. Justices of the Second Dist. Court of E. Middlesex, 389 Mass. 508, 511, 451 N.E.2d 408 (1983).
We set out the background facts. In 1978, the defendant, a resident of Shelburne Falls, pleaded guilty to illegal possession of marijuana and was placed on probation. His probation ended on January 23, 1980. Thereafter his case was dismissed and the record of conviction ordered sealed pursuant to G.L. c. 94C, § 34, as amended through St.1975, c. 369, and G.L. c. 94C, § 44.
On April 29, 1981, the defendant filed the application with the chief of police of Shelburne Falls for a license to carry a firearm. On May 7, 1981, the chief of police wrote to the defendant stating that his application was denied. He gave only one reason for the denial: "Because of your conviction for possession of marijuana I am required by law not to issue a license to carry a firearm to you."
A week later, on May 13, the chief of police sent a letter to the defendant's attorney offering additional reasons for denying the license, viz: "In addition the factors surrounding Mr. Moyer's arrest and conviction have been taken into consideration and I feel that Mr. Moyer is not a proper person to carry firearms in accordance with Chapter 140, Section 131 of the MGL."
The defendant, on May 14th, petitioned the District Court to review the chief of police's denial of the license application, alleging that no record of conviction existed which could disqualify him from being issued a license and that, therefore, he was entitled to have the license issued to him.
At the hearing on the defendant's petition, the judge heard evidence from the chief of police on the question why he deemed the defendant to be an unsuitable person to have [16 Mass.App.Ct. 545] a license to carry a firearm but rejected some of his proffered testimony on the grounds that it was hearsay or was not the "best...
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Frawley v. Police Comm'r of Cambridge, SJC–11903.
...it must be shown that the refusal was arbitrary, capricious, or an abuse of discretion.” Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 546, 453 N.E.2d 461 (1983). See Simkin, 466 Mass. at 179, 993 N.E.2d 672. When reviewing the commissioner's decision in this case, the inquiry......
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Christopher Davis, William P. Thompson, Wilson Lobao, Robert Capone, & Commonwealth Second Amendment, Inc. v. Grimes, Civil No. 13–10246–FDS.
...that the refusal to grant a license was “arbitrary, capricious, or an abuse of discretion.” Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 546, 453 N.E.2d 461 (1983); Ruggiero, 18 Mass.App.Ct. at 259, 464 N.E.2d 104 (citing Moyer, 16 Mass.App.Ct. at 546, 453 N.E.2d 461); Godfre......
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Davis v. Grimes, Civil No. 13–10246–FDS.
...that the refusal to grant a license was “arbitrary, capricious, or an abuse of discretion.” Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 546, 453 N.E.2d 461 (1983) ; Ruggiero, 18 Mass.App.Ct. at 259, 464 N.E.2d 104 (citing Moyer, 16 Mass.App.Ct. at 546, 453 N.E.2d 461 ); Godf......
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Com. v. Depina, SJC-10558
...456 Mass. 253 art. 17, it is within police powers of Legislature to regulate bearing of arms); Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 547, 453 N.E.2d 461 (1983) ("There is no right under art. 17 of the Declaration of Rights of the Massachusetts Constitution for a privat......
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Hightower v. City of Bos., 11–2281.
...to carry firearms.’ ” Howard v. Chief of Police, 59 Mass.App.Ct. 901, 794 N.E.2d 604, 607 (2003) (quoting Chief of Police v. Moyer, 16 Mass.App.Ct. 543, 453 N.E.2d 461, 464 (1983)). 16. “Suitable person” requirements are present in other states' firearms licensing regimes. SeeAla.Code § 13A......
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Chief of Police of Worcester v. Holden, SJC–11682.
...to require an evidentiary hearing. See Godfrey, 35 Mass.App.Ct. at 44–45, 616 N.E.2d 485 ; Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 547, 453 N.E.2d 461 (1983). Section 131 (f ) affords prompt, comprehensive postdeprivation review. Contrary to Holden's assertion, unsupport......
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Frawley v. Police Comm'r of Cambridge, SJC–11903.
...it must be shown that the refusal was arbitrary, capricious, or an abuse of discretion.” Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 546, 453 N.E.2d 461 (1983). See Simkin, 466 Mass. at 179, 993 N.E.2d 672. When reviewing the commissioner's decision in this case, the inquiry......
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Powell v. Tompkins, Civil Action No. 12–10744–WGY.
...authority's refusal ... was arbitrary, capricious, or an abuse of discretion.” (quoting Chief of Police of Shelburne v. Moyer, 16 Mass.App.Ct. 543, 546, 453 N.E.2d 461 (1983)) (internal quotation marks omitted)). Powell, however, advances no such claim and thus cannot make such a showing. T......