United States District Court, D. Massachusetts
STEVEN RICHMOND and COMMONWEALTH SECOND AMENDMENT, INC., Plaintiffs,
MICHAEL PERAINO, Chief of the Hingham Department of Police, Defendant
September 9, 2015.
Steven Richmond, Commonwealth Second Amendment , Inc.,
Plaintiffs: Jeffrey T. Scrimo, LEAD ATTORNEY, Lynch Scrimo,
Michael Peraino, Chief of the Town of Hingham Department of
Police, Defendant: Kerry T. Ryan, LEAD ATTORNEY, Morrissey,
Wilson & Zafiropoulos, LLP, Braintree, MA.
ORDER ON DEFENDANT'S MOTION TO DISMISS AND
PLAINTIFFS' MOTION FOR INJUNCTIVE RELIEF
Sorokin, United States District Judge.
Steven Richmond and Commonwealth Second Amendment, Inc. bring
this action alleging that the Massachusetts statutes
governing the permitting of handguns as applied to Richmond
violate his Second Amendment right to keep and bear
arms. The Plaintiffs seek declaratory and
injunctive relief requiring Defendant Michael Peraino, the
Chief of the Hingham Police Department, to issue a License to
Carry (" LTC" ) or a Permit to Purchase ("
PTP" ), allowing Richmond to possess a handgun in his
home and to transport a handgun to a firing range. The
Plaintiffs have filed a motion for a preliminary injunction
enjoining Peraino from enforcing the allegedly
unconstitutional portions of the licensing law against
Richmond and preventing Peraino from relying on
forty-year-old conviction for simple possession of marijuana
as a basis to deny him an LTC or PTP. Peraino, for his part,
has opposed the entry of a preliminary injunction and moved
to dismiss the Complaint.
the parties do not dispute the operative facts, the Court
informed the parties of its intent to treat the resolution of
the motion for a preliminary injunction as a resolution of
the action on the merits. Doc. No. 18. The Court invited the
parties to raise any objections they had to proceeding in
such a manner or to describe any discovery they believed
would be necessary to resolve this case. Id. No
party raised any objection to the Court's proposed course
for the reasons that follow, the Motion to Dismiss is ALLOWED
as to Commonwealth Second Amendment and DENIED as to
Richmond. The Motion for Injunctive Relief is ALLOWED, and
the Court enters a final order of injunctive relief resolving
Complaint alleges that Richmond, in 1975, was convicted in
Florida for simple possession of less than an ounce of
marijuana, a misdemeanor for which Richmond paid a $252 fine
and served no jail time. Doc. No. 1 ¶ 21. Richmond has
not been convicted of a felony or any other criminal offense
considered disqualifying for the purposes of obtaining an
LTC. Id. ¶ 22. Today, Richmond seeks to
purchase a handgun for self-defense in his home. Id.
currently holds a Firearm Identification (" FID" )
card, which allows him to possess a rifle or shotgun in his
home, but not a handgun. Id. ¶ ¶ 24, 26.
Richmond's LTC, which would allow him to possess a
handgun in his home, was revoked by Peraino in
2014. Id. ¶ 24. The revocation
was based on a statutory exclusion that prohibits any person
who " has, in any other state or federal jurisdiction,
been convicted [of] . . . a violation of any law regulating
the use, possession or sale of a controlled substance."
Mass. Gen. Laws ch. 140, § 131(d)(ii); Doc. No. 1 ¶
24. A PTP, which would allow Richmond to purchase a handgun,
is subject to the same exclusion as an LTC. Mass. Gen. Laws
ch. 140, § 131A. Thus, Richmond's 1975 conviction
for possession of marijuana makes him statutorily ineligible
to receive an LTC or PTP.
does not dispute these facts as alleged in the Complaint for
the purposes ...