Friday, September 1, 2023

SAF Takes Legal Action Against Boston Police for Extended Delays in Firearm Permit Approvals


The Second Amendment Foundation (SAF) has initiated legal action against Michael Cox, the Police Commissioner of Boston, Massachusetts, citing excessive delays by the police department in processing applications for gun licenses. Joining SAF in the lawsuit are the Firearms Policy Coalition, Commonwealth Second Amendment, and private citizens Leslie Good, Kenley Exume, Robert Cox, and Rudolph White. They are legally represented by David Jensen from Jensen & Associates in Beacon, New York, and Jason A. Guida from Principe & Strasnick in Saugus, Massachusetts.

The legal complaint asserts that the Boston Police Department's licensing division causes undue delays for applicants, requiring them to wait for extended periods, often exceeding six months, just to be fingerprinted. This delay hampers the initiation of background checks necessary for the application process. According to the filing, the Licensing Unit ceased the processing or acceptance of applications for Firearm Identification Cards (FID) and Licenses to Carry (LTC) in March 2020 due to the COVID-19 outbreak. Even after resuming operations, the unit faced a substantial backlog that took months to clear before starting the actual licensing process, exceeding the 40-day period permitted by state law. 

SAF's founder and Executive Vice President, Alan M. Gottlieb, recalled, "In 2021 we sued over the delay and the case was ultimately settled at mediation. The wait list was to be eliminated by Oct. 31, 2021. However, this year the Licensing Unit is back to its same old foot dragging, making people wait for months to begin the application process. As a result, we're back in court to make the department comply with the law."

Adam Kraut, SAF's Executive Director, commented, "There is no plausible explanation for these delays. We can only conclude the commissioner has adopted a policy or instituted a practice of delaying applications for many months, which amounts to deprivation of rights under color of law. We're hoping the court provides a quick resolution to this practice and stops it cold."

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