Federal District Court for Massachusetts
Challenge to the lifetime licensing ban due to a non-violent misdemeanor conviction
Filed March 26, 2015
Morin v. Leahy challenges the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed.
Massachusetts law imposes a lifetime ban on the issuance of an LTC and therefore a lifetime ban on the possession of any firearm for anyone convicted of:
any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; (M.G.L. Chap c. 140 § 131)
In 2004, Alfred Morin traveled to Washington D.C.to visit his daughter who was attending college in the area. At the time Mr. Morin held a valid LTC and regularly carried a firearm. He was unaware that his Massachusetts License to Carry was not recognized by most states outside of Massachusetts. However, knowing that gun laws in Massachusetts were among the most restrictive in the country, Mr. Morin reasoned that having met the criteria to carry in Massachusetts, carrying in other states would not present a legal problem.
During a visit to one of the Smithsonian museums, Mr. Morin observed a notice indicating that firearms were banned from the museum. Mr. Morin approached a museum guard to inquire about checking his pistol and was subsequently turned over to the U.S. Park Police, who arrested him on charges of carrying a pistol without a license, possession of unregistered firearm, and unlawful possession of ammunition.
Mr. Morin subsequently plead guilty to the misdemeanor offenses of attempted carrying of a pistol without a license and possessing an unregistered firearms, offenses which carried a maximum possible penalty of 180 days imprisonment. He received a suspended sentence of sixty days, three months of supervised probation, and twenty hours of community service.
Mr. Morin is represented by Worcester, Massachusetts attorney J. Steven Foley.
- 03/26/2015 -- Complaint
- 05/07/2015 -- Defendant's Answer
- 08/12/2105 -- Commonwealth's Answer
- 08/17/2015 -- Scheduling Conference
- 11/16/2015 -- Status Conference
- 12/18/2015 -- Plaintiff's Motion for Summary Judgement
- 01/22/2016 -- Cross Motion for Summary Judgement by Intervenor-Defendant
- 02/12/2016 -- Defendant's Leahy's Opposition to Plaintiff's MSJ & Cross-Motion for Summary Judgement
- 02/12/2016 -- Plaintiff's Opposition to Intervenor Commonwealth's Motion for Summary Judgement
- 02/26/2016 -- Plaintiff's Reply Brief to Defendant Leahy
- 03/03/2016 -- Commonwealth's Reply Brief in Defense of its Cross MSJ
- 04/15/2016 -- Motions Hearing
- 05/18/2016 -- Order. Plaintiff's motion denied, Defendants' motion granted.
- 06/13/2016 -- Motion to Amend or Alter Judgement
- 06/27/2016 -- Defendant Leahey's Opposition to Motion to Amend or Alter Judgement
- 06/27/2016 -- Defendant Commonwealth of Massachusetts's Opposition to Motion to Amend or Alter Judgement
- 06/30/2016 -- Order denying Motion to Amend or Alter Judgement "for the reasons set forth in the Commonwealth's memorandum"
- 07/01/2006 -- Notice of Appeal filed
- 10/25/2016 -- Brief of Appellant Morin
- 01/27/2016 -- Brief of Appellee Commonwealth of Massachusetts
- 01/27/2017 -- Brief of Appellee Leahy
- 02/10/2017 -- Appellant's Reply Brief
- 05/02/2017 -- Oral Arguments scheduled