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Appeals court weighs whether licensing chief misapplied post-Bruen statute in denying Guinane firearm license
Summary
The Massachusetts Appeals Court heard argument Oct. 3 in Guinane v. Fitzgerald, an appeal challenging a police chief's denial of a firearm license based on concerns about the applicant's household and association with her husband.
The Massachusetts Appeals Court heard argument Oct. 3 in Guinane v. Fitzgerald, a challenge to a police chief's denial of a firearm license where the chief cited concerns about the applicant's household and family members.
Appellant's counsel Edward Gaynor urged the court to apply the version of the state statute amended in August 2022 following the U.S. Supreme Court's decision in New York State Rifle & Pistol Assn. v. Bruen, arguing the amended language removes "existing-factors" discretion and focuses the chief's review on "reliable, articulable, and credible information" showing the applicant's own behavior may create a danger.…
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