A Massachusetts Appeals Court panel has drawn a firm line regarding gun licensing standards, unanimously ruling that a resident cannot be denied a License to Carry (LTC) solely based on the past behavior of their spouse.
The decision stems from the case of Guinane v. Chief of Police of Manchester-by-the-Sea. The three-judge panel reversed lower court rulings this week, ordering that Barbara Guinane’s application for a license be granted. Previously, local authorities had blocked her application, citing concerns not about her conduct, but regarding her husband, whose own LTC had been suspended.
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Writing the 14-page opinion for the court, Justice Peter Sacks emphasized that statutory suitability standards require evidence specific to the applicant.
“Although the chief was understandably concerned about public safety, there was no reliable information about behavior by the applicant suggesting that, if issued a license, she would create a risk to public safety or a risk of danger to herself or others,” Sacks wrote. “That is the focus of the standard.”
Justices Gregory Massing and Jennifer Allen joined Sacks in the decision. The panel noted that while the police chief’s concerns were “plainly understandable,” they lacked the necessary evidentiary support to be considered “reasonable and legitimate” grounds for denial. The court clarified that under the statute, denying a license cannot rely on speculation.
The ruling drew immediate support from gun rights advocates who viewed the initial denial as an overreach. The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) observed that the court “made the right call.”
“This is a proper ruling which recognizes that one person may not be penalized because of the behavior of another person, even a spouse,” said CCRKBA Chairman Alan Gottlieb.
Gottlieb pointed to court testimony where the police chief acknowledged there was no behavior by Barbara Guinane herself that suggested a safety risk.
“Even in Massachusetts, common sense can prevail in gun-related cases,” Gottlieb added. “Mrs. Guinane’s small personal victory could translate into something more significant for other Bay State residents who may face similar circumstances.”
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