PAX Centurion - January / February 2014

Page 26 • PAX CENTURION • January/February 2014 617-989-BPPA (2772) a judge to order issuance. Certain convictions may be reviewed by the Firearms Licensing Review Board which is separate and distinct from the district court. More specifically, the Firearms Licensing Review Board has the authority to review misdemeanor convictions and may not review convictions for assault and battery on a family or household member or a person with whom you have had a substantial dating relation- ship as defined by General Laws c. 209A, §1. The Review Board may not review crimes involving the possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition or a crime regulating the use, possession or sale of con- trolled substances. Moreover, the Board cannot review petitions if the petitioner has a disqualifying felony conviction, was denied an LTC on the basis of suitability rather than a disqualifying conviction, or is disqualified for a reason other than a misdemeanor conviction such as having an active warrant or restraining order. One of the most common causes for the non-issuance of an LTC or the suspension of and/or revocation of an LTC is in the area of 209A Restraining Orders. MGL c. 209A, §3b requires that the sub- ject of such an order must surrender their LTC as well as all firearms, rifles, shotguns, machine guns and ammunition which (s)he then controls, owns or possesses. Law enforcement officers upon service of the Restraining Order shall immediately confiscate all licenses, firearms and ammunition. The requirement to surrender all firearms and licenses is immediate upon service of the order, even if you in- tend to oppose the issuance of the order and a subsequent hearing. If a 209A Restraining Order was initially obtained without a hear- ing and your employment requires you to carry or possess a firearm as a condition of your employment, you may file an affidavit demon- strating such an employment requirement and request an expedited hearing on the Restraining Order. The court will schedule a hearing, however the surrendering of your firearms and the suspension of your firearms license must occur. If the restraining order is extended at the 10 day hearing, or at any time thereafter following an extension or modification hearing, MGL c. 209A , §3c requires that the individual’s LTC remains suspended and any firearms may not be returned for as long as the Restraining Order remains in place. Thusly, any firearms or firearms license may not be returned to you until the 209A Order is vacated. In certain instances, 209A Restraining Orders can be modified to allow police officers to carry a weapon “under the Color of Badge” for employ- ment purposes only during their regularly scheduled shifts provided that the weapon remain at the station and be signed in and out. Such instances are rare. Even when the 209A Restraining Order is vacated or expired an individual’s LTC may not be reinstated since the expiration of the of 209A Order does not erase the fact that the individual may have a history of being a threat and as such the LTC may be permanently re- voked for “suitability” reasons. Individuals whose LTC has not been reinstated after a restraining order has expired or been vacated may petition the district court for judicial review. Other areas of concern for law enforcement personnel involve the storage of firearms. Massachusetts law c. 140, §131L requires guns to be maintained in a locked container in a way that will deter all but the most persistent from gaining access. Even a door locked with a key is not considered secure. The phrase “secured in a locked container”, is not defined by statute, however case law has determined that the legislature’s intent was to prevent access to firearms to irresponsible persons and especially children. §131L states that it is unlawful to store or keep any firearm unless such a weapon is secured in a locked container or equipped with a tamper resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner. While it is allowable to leave a firearm unattended in a motor vehicle, the same storage requirements apply. Note that a trunk or glove box is not considered a locked storage container. Rather, any firearm left in a motor vehicle should be secured in a separate locked case. That said, it is never a good idea to leave a firearm or any police equipment in an unattended motor vehicle. Massachusetts firearm laws are some of the most stringent gun laws in the nation and are extremely complex. Byrne and Drechsler has had a long standing relationship with public safety professionals throughout the Commonwealth of Massachusetts including members of the Boston Police Patrolmen’s Association. In addition to repre- senting police officers in a variety of manners, including disciplinary hearings, investigations, personnel matters, departmental hearings in criminal matters, we have represented police officers and their families who have been the victims of wrongful death or who have suffered serious injuries, both on and off the job. Deploying our experience and trial expertise, we have been able to obtain substantial recoveries and successful outcomes for our public safety professional clients. We remain willing to answer your legal questions including questions you might have regarding the Massachusetts Firearms gun laws. From Firearm Law on page 21 Massachusetts Firearm Law - A brief overview BPPA RETIRED PATROLMEN’S DIVISION MEMBERSHIP APPLICATION Date:_ ____________________________________________ Name:____________________________________________ Address:__________________________________________ City, State, Zip:_ ___________________________________ Home Phone:_ ____________________________________ Cell Phone:_ ______________________________________ Date of Appointment:______________________________ Date of Retirement:________________________________ Email:_ ___________________________________________ Annual Dues are $24.00. The year runs from March to March. Please mail this application and $24.00 annual dues to the: BPPA Retired Patrolmen’s Division 9-11 Shetland Street, Boston, MA 02119 Next Retired Patrolmen’s Division Meeting Thursday, March 6, 2014 at 1 pm BPPA Union Hall