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Ruggiero v. Police Commissioner of Boston

18 Mass. App. Ct. 256 (Mass. App. Ct. 1984)
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Ruggiero v. Police Commissioner of Boston

56 Citing cases

  1. Pineiro v. Gemme

    Civil Action No. 10-40262-FDS (D. Mass. Oct. 12, 2011)   Cited 1 times
    Commenting that “no substantial uncertainty exists over the meaning of the term ‘suitable person’ ” found within the modern version of Massachusetts General Laws chapter 140, section 131, id., and that “[t]he statute's essential purpose has been described as ‘to limit access to deadly weapons by irresponsible persons,’ ” id. (quoting Ruggiero v. Police Comm'r of Bos., 18 Mass.App.Ct. 256, 258, 464 N.E.2d 104 (1984))

    In processing a license application, the licensing authority is required to conduct a "two-step inquiry" to determine the applicant's eligibility. Ruggiero v. Police Com'r of Boston, 18 Mass. App. Ct. 256, 259 (1984). At the first step of the inquiry, the licensing authority looks at the applicant's personal suitability for gun ownership.

  2. Christopher Davis, William P. Thompson, Wilson Lobao, Robert Capone, & Commonwealth Second Amendment, Inc. v. Grimes

    9 F. Supp. 3d 12 (D. Mass. 2014)   Cited 6 times
    Recognizing that "[l]icensing decisions are subject to judicial review in state [court]"

    Massachusetts adopted its licensing requirement “as a first-line measure in the regulatory scheme” as a result of the “realization that prevention of harm is often preferable to meting out punishment after an unfortunate event.” Ruggiero, 18 Mass.App.Ct. at 258–59, 464 N.E.2d 104. The requirement “was intended ‘to have local licensing authorities employ every conceivable means of preventing deadly weapons in the form of firearms [from] coming into the hands of evildoers.’ ”

  3. Phipps v. Police Comm'r Boston

    94 Mass. App. Ct. 725 (Mass. App. Ct. 2019)   Cited 4 times
    Licensing authority's denial of license to carry to applicant with fifteen-year history of prescription drug abuse not arbitrary, capricious, or abuse of discretion

    In determining whether to issue a license with restrictions, G. L. c. 140, § 131, outlines a "two-step inquiry" the licensing authority must undertake when evaluating an applicant. Ruggiero v. Police Comm'r of Boston, 18 Mass. App. Ct. 256, 259, 464 N.E.2d 104 (1984). First, as discussed above, the licensing authority must "ascertain whether the applicant is a ‘suitable person’ to possess a firearm.

  4. Gould v. O'Leary

    291 F. Supp. 3d 155 (D. Mass. 2017)   Cited 1 times

    Under the statute, a licensing authority "may issue" a license if "it appears" that the applicant satisfies both parts of a two-step inquiry, demonstrating that he or she (1) is not a "prohibited person" and (2) has a "proper purpose" for carrying a firearm. Ruggiero v. Police Comm'r of Boston , 18 Mass. App. Ct. 256, 259, 464 N.E.2d 104 (1984) (discussing an earlier, similarly worded version of the statute); Mass. Gen. Laws ch. 140, § 131(d). Prior to 2014, a licensing authority could issue licenses in two forms: Class A or Class B. Mass. Gen. Laws. ch. 140, § 131(a-b).

  5. Chief of Police of Worcester v. Holden

    470 Mass. 845 (Mass. 2015)   Cited 44 times
    Upholding denial of request to renew license to carry based on "specific and reliable information that [applicant] had assaulted and beaten his wife" five years earlier

    The purpose of G.L. c. 140, § 131, is to “limit access to deadly weapons by irresponsible persons.” Ruggiero v. Police Comm'r of Boston, 18 Mass.App.Ct. 256, 258, 464 N.E.2d 104 (1984). “From a realization that prevention of harm is often preferable to meting out punishment after an unfortunate event, [§ 131 ] was enacted as a first-line measure in the regulatory scheme.

  6. Batty v. Albertelli

    Civil Action No. 15-10238-FDS (D. Mass. Feb. 24, 2017)   Cited 1 times
    In Batty v. Albertelli, 2017 WL 740989 (D. Mass. Feb. 24, 2017), this Court upheld the constitutionality of the Town of Winchester's firearm licensing scheme against a challenge virtually identical to that made by plaintiffs here.

    Under the statute, a licensing authority "may issue" a license if "it appears" that the applicant satisfies both parts of a two-step inquiry, demonstrating that he or she (1) is not a "prohibited person" and (2) has a "proper purpose" for carrying a firearm. Ruggiero v. Police Com'r of Boston, 18 Mass. App. Ct. 256, 259 (1984) (discussing an earlier, similarly worded version of the statute); Mass. Gen. Laws ch. 140, § 131(d). Prior to 2014, a licensing authority could issue licenses in two forms: Class A or Class B. Mass. Gen. Laws. ch. 140, § 131(a-b).

  7. Pineiro v. Gemme

    937 F. Supp. 2d 161 (D. Mass. 2013)   Cited 12 times
    Holding that police chief's decision with regard to plaintiff's application for firearms license did not itself constitute a municipal "policy" within the meaning of § 1983 and Monell

    In processing a license application, the licensing authority is required to conduct a “two-step inquiry” to determine the applicant's eligibility. Ruggiero v. Police Com'r of Boston, 18 Mass.App.Ct. 256, 259, 464 N.E.2d 104 (1984). At the first step of the inquiry, the licensing authority looks at the applicant's personal suitability for gun ownership.

  8. Hightower v. City of Bos.

    693 F.3d 61 (1st Cir. 2012)   Cited 94 times
    Holding that revocation of license to carry concealed, large-capacity firearm based on false statements in renewal application did not violate Second Amendment

    It appears that an applicant may also petition for review of a decision to issue a restricted, as opposed to unrestricted, license. See Ruggiero v. Police Comm'r of Bos., 18 Mass.App.Ct. 256, 464 N.E.2d 104, 105–06 (1984). If a Class A or B license is revoked or suspended, “the licensing authority shall take possession of such license and the person whose license is so revoked or suspended shall take all actions required under the provisions of section 129D.

  9. Ford v. Cristadoro, No

    No. 00181 (Mass. Cmmw. Jan. 30, 2001)

    The goal of firearms control in Massachusetts is to limit access to deadly weapons by irresponsible persons. Ruggiero v. Police Com'r of Boston, 18 Mass. App. Ct. 256, 258 (1984). A wide range of methods has been adopted by the legislature to accomplish this goal, including the requirement of licenses for the sale or possession of firearms and ammunition, and the imposition of serious penalties for infractions of firearms control laws.

  10. U.S. v. Caron

    941 F. Supp. 238 (D. Mass. 1996)   Cited 9 times

    "The goal of firearms control legislation in Massachusetts is to limit access to deadly weapons by irresponsible persons." Ruggiero v. Police Comm'r, 18 Mass. App. Ct. 256, 258, 464 N.E.2d 104, review denied by, 392 Mass. 1104, 466 N.E.2d 522 (1984). This goal is accomplished through the implementation of a comprehensive regulatory scheme which requires aspiring gun owners potentially to obtain three separate documents — a firearm identification card, a license to carry, and a permit to purchase.