Massachusetts Appeals Court Upholds Natick Chief of Police’s Unsuitability Determination for License to Carry Firearms

Massachusetts Appeals Court Upholds Natick Chief of Police’s Unsuitability Determination for License to Carry Firearms

In a recent decision, Nichols v. Chief of Police of Natick, the Massachusetts Appeals Court (“Court”) ruled in favor of MHTL’s client, concluding that the Superior Court improperly vacated a determination by the Natick Chief of Police that an applicant was unsuitable for a license to carry firearms (“LTC”).  David DeLuca, a Partner at MHTL, handled the case in each court.  The applicant had an extensive history of prescription drug abuse, fraud, and forgery resulting in 468 criminal charges in less than three years, though he claimed to be rehabilitated.  The Court’s decision reinforces the wide discretion a local licensing authority has in making LTC suitability determinations, and it reinforces the limited proper scope of judicial review of such determinations.

What's Happening @ MHTL?

View All News

Dr. Charles Desmond Receives Award from Massachusetts Black and Latino Legislative Caucus for Black Excellence on the Hill

Congratulations to Charles F. Desmond, Ed.D., for being recognized by the Massachusetts Black and Latino Legislative Caucus (MBLLC) for Black Excellence on the Hill! Charlie has made numberious contributions to society, as well as MHTL as a member of the firm's Advisory Board.  The MBLLC Black Excellence on the Hill event was held at the Massachusetts State House on Wednesday February 4, 2019, and those in attendance include Representative Carlos González, Representative Bud Williams, and Representative Chynah Tyler, who recognized Charlie as an Honoree at the event.

Read More

Legal Updates

View All Updates

Supreme Judicial Court- Refusing to Grant a Lateral Transfer to a Preferred Position May Constitute an Adverse Employment Action

In a recent decision, Yee v. Massachusetts State Police, the Massachusetts Supreme Judicial Court held for the first time that denying an employee’s request for a lateral transfer can constitute an adverse employment action under the Massachusetts General Laws, Chapter 151B which prohibits discrimination in the workplace.  The Court’s decision addresses the scope of employment actions on which an aggrieved employee may base a discrimination claim, going beyond commonly-challenged actions such as a refusal to hire, a promotional bypass, or discipline.

Read More