potentially precedent setting lawsuit will be filed in
District Court tomorrow against the Chief of Police of
Everett, Massachusetts for failure to comply with the
law. The petition states that the Police Department
failed to adhere to M.G.L. c.140 § 131 by ignoring the
plaintiff's application for a license to carry and
therefore deprived the plaintiff of his right to
administrative due process. The law states that "the
licensing authority shall, within 40 days from the date
of application, either approve the application and issue
the license or deny the application and notify the
applicant of the reason for such denial in writing."
client, Mr. Johnathan Grover, has not been either issued
a license or denied in writing as required by the law,"
said Attorney Jason A. Guida. "We filed a suit to demand
that the Police simply follow the law."
want is an answer," said Mr. Grover. "I don't think
that's an unreasonable expectation, especially since the
law says I'm supposed to get an answer in 40 days."
Grover is a law abiding, responsible citizen well aware
of Everett's practice of routinely ignoring, dismissing
and lying to applicants, thought he had no other
alternative than to seek help from the court. Under
Massachusetts law, an applicant only has a 90 day window
to seek judicial intervention. Unfortunately for the
hundreds of waiting applicants outside of that window,
they have no legal recourse.
outrageous that Police Departments think it's okay to
ignore the law," said Brent Carlton, President of Comm2A
a legal advocacy organization. "For so many people, and
residents of Everett in particular, all they can do is
wait. They worry if they speak out about this injustice,
they will be targeted by the Police in retaliation."
people have been harmed financially by the Police
Department's refusal to comply with the law. Mr. Andre
Galdo for example applied for his LTC so he could be a
candidate for a promotion where he works. The promotion
came with a $17,000 pay increase, but he could not apply
because the Everett Police took over a year to issue his
license. Again, despite the law requiring them to do so
within 40 days.
couldn't believe month after month that I was given
false information and regularly dismissed by everyone I
spoke with about it," said Mr. Galdo. "I am newly
married and my wife is a social worker, we really could
have used that money. Now it's too late."
pursuit of information, Mr. Galdo made numerous visits
to the Police Department, placed dozens of calls and
wrote letters to public officials. He was regularly told
that the Department was waiting for the state, that it
was "in process" or simply that the person responsible
for processing applications for the Police was out
"Recently I saw that the Chief said he's sent a lot of
apologies to people," said Galdo laughing. "I guess mine
must be "in process.""
seven months after he applied, and well beyond the 90
day appeal window, Mr. Galdo contacted the state Firearm
Records Bureau to find out why it was taking so long. He
was informed that they had not received his application
from Everett Police.
kind of run around is typical," said Carlton. "And what
makes it worse is that there are no consequences to the
Police for violating the law in this egregious way."