Gun license board missing its target
Suit claims panel breaking law by not meeting quarterly
The state board that determines whether people convicted of minor misdemeanors should have a shot at getting a firearms license has not held a meeting or hearing in more than seven months — a mysterious delay that violates state law and has prompted a lawsuit by its former attorney.
The Firearm Licensing Review Board last held a meeting in August, despite a specific mandate that it gather “not less than once every 90 days.” The board holds hearings to determine whether a person convicted of a minor misdemeanor more than five years ago should be able to possess a firearm identification card or license to carry. Local police chiefs then have the final say.
“The board is not following the law,” said Jason Guida, the board’s former attorney, who now represents prospective gun owners. “The board is infringing on the due process rights of the people who want to go before it and the people who are still waiting for decisions.”
Guida filed a lawsuit against the FLRB last month on behalf of Kenneth Mottram, who asked the board Dec. 4 to hear his case. The suit alleges that the board never made a determination regarding his petition, and it also accuses the FLRB of violating state law for not holding any hearings.
“The defendant’s failure to act on the plaintiff’s petition within the time period allowed by statute resulted in a constructive denial of the plaintiff’s petition and constitutes an error of law,” Guida wrote in his suit.
All six board members either declined to comment or did not respond to requests for comment. Jody Quartarone, who is listed as the FLRB’s attorney on its most recent public meeting minutes, is no longer serving in that role, according to a recording on her answering machine.
A spokesman for the state’s Executive Office of Public Safety and Security declined to say why no meetings have been held since last summer, how many cases are in limbo or when the next gathering will be, citing the ongoing litigation. Gov. Charlie Baker’s office did not respond to multiple calls and emails seeking comment throughout the day yesterday.
Keith Langer, an attorney who was appointed to the board by former Gov. Mitt Romney and served from January 2005 through May 2012, said “there is likely a significant backlog.”
“There is definitely a problem somewhere,” Langer said. “We used to meet almost once a month, and it was very rare that we wouldn’t have enough to handle during our meetings.”
Brent Carlton, president of Massachusetts guns rights organization Commonwealth Second Amendment, said “it’s a firearms-related thing, so the bureaucracy doesn’t think it’s important, so they aren’t doing what they’re supposed to do.”