# Gun rights battle looms



## Nachtwächter (Dec 9, 2005)

Jan 19, 2007

*Gun rights battle looms*

Gun range license debate

* By Milton J. Valencia TELEGRAM & GAZETTE STAFF
*

* 
WORCESTER- * City officials could face a debate over gun rights after the police chief suspended the licenses of a shooting range at which a woman killed herself in October.

The issue is headed for the City Council, and possibly the courts, with the police chief asking for new regulations that would ban customers who don't have a firearm identification card from entering the shooting range. A lawyer representing the range said yesterday that such a measure could force the business to close.

"Gun laws, they are complicated," said local lawyer Jonathan Finkelstein. "They go back over 100 years and more, much more.  

"There are constitutional issues here as well as local licensing issues."

Police have said Boston Gun Range, at 317 Southwest Cutoff, violated regulations when it allowed an Uxbridge woman to enter the business, rent a handgun without a firearm identification card or gun license and fire it without supervision. The woman, 35, killed herself. A woman killed herself in similar circumstances eight years ago, when the business was located in Millbury. It was called Rangemaster at the time.

The police complaint for the Worcester incident focuses on allegations that the woman was not being supervised at the time she killed herself, a violation of the business's license.

Yesterday, the city License Commission suspended the gun range's license to operate as a shooting range open to the public, for six months, based on the police complaint. The penalty is suspended for a year, however, and will be dismissed if there are no other violations.

The shooting range voluntarily agreed to incorporate measures that would better identify customers. People using the range have to say whether they've been convicted of a crime, which would prohibit their use of a firearm, and under new measures they would also have to say whether they are wanted for any crime in any other state or are the subject of an active restraining order.

But the gun range refused to incorporate a separate regulation, requested by police, that would restrict customers to people who have a firearm identification card. Mr. Finkelstein, representing the gun range, said such a measure would eliminate 85 percent of the business's customers.

"This is a recreational establishment," Mr. Finkelstein said. "To do this voluntarily &#8230; would put (the owner) out of business."

The License Commission had no power to force the shooting range to accept the measure because city ordinances dictate the business's right to accept customers who don't have an FID card. Only the City Council can change the ordinance. Police Chief Gary J. Gemme said he would ask the council to do that. He said the existing guidelines contradict state law and the License Commission's own regulations that state anyone inside the shooting range must have an FID card.

The police chief, who has enacted one of the toughest gun licensing policies in the state, has said that anyone using a firearm should meet a set of qualifications and background checks, and that any person firing inside of a range should have an FID card. The Uxbridge woman wouldn't have qualified under Worcester's requirements, police said.

After the License Commission hearing yesterday, the chief used his own licensing authority to suspend other licenses the gun range holds. The licenses are authorized by the chief and allow the gun range to sell ammunition, rent guns and repair guns. Under the suspension, customers cannot rent a gun at the establishment and so need their own gun - and, consequently, their own permit - to shoot inside the range.

The chief said he has the authority to suspend the licenses, and he said the suspension by the License Commission was based on the original violation that the Uxbridge woman was not supervised when shooting the gun. The chief said he also thought his action was prudent given that he has asked the council to change rules that would restrict the business's operations. The suspension is in effect until the council can decide on his proposal, he said.

"Looking at the totality of it, the history of the business establishment, the potential harm to the public, the prudent thing to do is exercise my right as chief to do this at this time," the chief said.

"I just know now, based on this whole situation that comes to light, that there's a discrepancy (in state and local regulations) and to me it's a serious situation," the chief said.

Mr. Finkelstein said the shooting range owner, Mark M. Tashijian, was delivered the suspension order yesterday, and that he was reviewing it. He said he has no plans to violate the chief's order, but at the same time questioned the validity of the order. Mr. Finkelstein said the chief can't suspend a license without due process and a hearing, which have not been offered. He may request a hearing today and ask that the suspension be postponed until that hearing can be held. He said the issue may also be bound for the courts.

"For all intent and purposes, it will close them down," he said. "The question here is whether it's a valid suspension."

Chief Gemme has been praised by community and domestic violence prevention groups for his strict gun licensing policy, but the policy has also been challenged in courts and criticized by gun rights groups.

In a pending court case, the gun license of a Shrewsbury man was suspended after the man allegedly hit his wife. The man, who had a license issued by the city, has appealed the revocation of his gun license. The charge of assault and battery against the man was dropped after his wife refused to testify, which the man said clears his application for a license. But the chief has refused to reinstate the license, saying there's still clear evidence that the man hit his wife, even if the charge was dismissed. The chief has said that anyone who shows a lack of restraint in anger shouldn't hold a license, and he has challenged court orders to reinstate the license.

Yesterday, License Commission members praised the chief's moves to prevent gun violence, citing a recent study that showed gun violence dropped in the city last year by close to 50 percent. But they also noted the fine line between gun violence prevention and the right to carry arms. Commissioner Peter M. Lukes noted that he has entered the Boston Gun Range without a license and fired a weapon, and considered the staff to be professional.

"It's inherently a dangerous business when you are dealing with a firearm," he said.


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## Guest (Jan 19, 2007)

Would she be any less dead if she jumped off a 20-story roof?

If the woman had jumped in front of an 18-wheeler, would we all be required to get a Class A CDL in order to get near a highway??


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## pahapoika (Nov 5, 2006)

it's strange how firearms seem to provoke so much emotion.

the same people who howl and wail about gun violence will balk at the notion of more controls on motor vehicles , which are far more deadly than guns.

_well of course we need to ban guns , but take away my volvo station wagon ? heavens no !_


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## CHROMECOLT357 (Mar 3, 2006)

I remember the story, I believe that it was accidental and not suicide.


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## kwflatbed (Dec 29, 2004)

Original Thread:
http://www.masscops.com/forums/showthread.php?t=19549&highlight=Boston+Range


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## KozmoKramer (Apr 25, 2004)

This story has a component that has puzzled me for a while.

Why is it that we have so many line officers that post here regularly, and appear undeniably pro-second amendment, that once an officer climbs to the rank of Chief become so anti-constitutional?

Boston, Quincy, and Worcester are some cities that jump out as inordinately stringent on firearms licensing as well as incidents of over-reacting (as in this case) to issues that have a gun component.

Doesn't the police officers oath of office in Massachusetts contain the phrase "...to uphold and defend the Constitution of the United and the Constitution of the Commonwealth of Massachusetts..."? It seems once they become Chief, they forget that part.

Maybe it's the politics of the job, I don't know, but it's certainly at odds with the oath and unquestionably at odds with the US Constitution.


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## kwflatbed (Dec 29, 2004)

koz plain and simple POLITICS


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## 94c (Oct 21, 2005)

If you can't control the gun violence in your city then all you have left is to denounce firearms. It makes you sound real concerned.

Blaming the gun is easy versus blaming the individual communities responsible. Who's killing who in the cities? 

It's minorities killing minorities that's who. But you can't say that without being labeled a racist. Until the day comes when someone can say just that without fear of losing his job then we will just blame the guns.

After all, it's the guns fault.


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## Guest (Jan 20, 2007)

KozmoKramer said:


> Boston, Quincy, and Worcester are some cities that jump out as inordinately stringent on firearms licensing as well as incidents of over-reacting (as in this case) to issues that have a gun component.


Quincy used to be one of the most reasonable municipalities in the state in regards to getting an LTC. It's only the current occupant of the corner office who changed things, and if it's any consolation, his firearms jihad applies to his officers as well as the residents of the city.


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## KozmoKramer (Apr 25, 2004)

Thats what I figured Harry - 94C.
Delta - what do you mean by that? Hes not giving the sworn staff unrestricted LTC's?


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## Guest (Jan 20, 2007)

KozmoKramer said:


> Delta - what do you mean by that? Hes not giving the sworn staff unrestricted LTC's?


Before he ascended the throne, a lot of officers carried under 41-98 ("on the badge"), because the issued pistol was the only firearm they possessed. Now we all have to have a Class A LTC, which doesn't seem unreasonable on its face, as I've had one since I was 18 years old.

However, what he'll do is revoke the LTC of any officer he feels like, on the most specious complaints/charges imaginable, so even after they're cleared, they have to drive a desk for 3-4 weeks while the LTC reapplication gets processed, because of his own stupid rule that you need an LTC to work the street. Of course, the unlucky participants also then have to answer "Yes" to that question about any firearms permits being revoked or suspended.


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## pahapoika (Nov 5, 2006)

same thing with state corrections. if you work transportation and take home a duty sidearm , you need a LTC.

one officer had to move from her home town because she and the chief had a childhood squabble and he refused to give her a permit.

thankfully the chief in the next town was more level headed and issued her a permit once she became a resident in his town.

of course she could have gone back inside the prison , but the whole thing was bizarre


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## SOT (Jul 30, 2004)

Here's the real problem with the way the CLEO is handling this.
Most ranges teach firearm safety, you need a Firearm Safety Certificate to get an FID or LTC (if you have never had one before or if it's lapsed etc).

So if you can't now use a gun at a range prior to having an FID or LTC, then you really are hard pressed to get a Safety certificate, which means you can't get an FID or LTC...sort of a vicious cycle.

There is the option to teach a non-shooting course, but unless the person is a seasoned firearms owner that's moving into the state, how reasonable is that...Take the NRA Home FIrearms Safety Class for 4 hours, never shoot a gun, here's your certificate, go get your Class A ALP. No time on the trigger is a VERY bad thing when dealing with firearms...that's EXACTLY how accidents happen.

What's interesting to me is how does this guy sell ammo to people that don't have an FID/LTC?
If you go to a range with no FID/LTC, you can rent the gun but how the hell do you buy the ammo?
I can't sell ammo to anyone who just walks in off the street, I have to see their FID/LTC.

The CORRECT thing to do would be the following:

Change the ordinance so that it reads like this:
For the purpose of this ordinance the term firearm will include a Rifle, Pistol, Shotgun, or Machine gun. 
A person renting a firearm must possess and present a license that is commiserate with the type of firearm(s) they are renting or shooting at the range.

A person renting a firearm who does not possess a license that is commiserate with the type of firearm(s) they are renting or shooting must be:

1. Accompanied and under the direct supervision of a person who does posses a license that is commiserate with the type of firearm they are renting or shooting

2. Under the direct supervision of an employee of the renting facility.

3. Participating in a firearms safety class and under the supervision of a state licensed firearms instructor.

Then let the facility have it's license back.


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## Nachtwächter (Dec 9, 2005)

Jan 20, 2007

*Chief says gun range will comply*

Police say city rules contradict state law

* By Milton J. Valencia TELEGRAM & GAZETTE STAFF
*

* 
WORCESTER- * There will be hearings and City Council debates, but meantime the police department is calling on a local gun range to suspend its practice of admitting people without firearm identification cards, saying it could violate criminal laws.

The request could force the closing of the Boston Gun Range, 317 Southwest Cutoff, considering 85 percent of its customers don't have firearm identification cards. The labeling of the practice as a criminal violation also could play a role in the investigation of a suicide at the business last fall.

Jonathan Finkelstein, a lawyer representing the gun range, was not available late yesterday for comment on the potential for criminal violations. He said earlier in the day that he would request hearings on the Police Department's suspension Thursday of the gun range's licenses and that beginning today the business would continue accepting customers who do not have a firearm identification card.  

Police Chief Gary J. Gemme said yesterday that a hearing on the licenses will be held, but that in the meantime he believes that, based on recent discussions with Mr. Finkelstein, the business will cooperate with his request to suspend the practice of admitting customers without firearm identification cards. The chief is seeking the permanent prohibition of the practice, saying it constitutes a criminal violation.

"You can't have an ordinance allowing you to do something the state wouldn't allow you to do," the chief said. "As we move forward, there will be a heightened realization and understanding of what the overall statute is. I want everything to be in sync."

At issue is the gun range's allowing people without a firearm identification card to rent a gun at the establishment and shoot it in the range. The business had been following a city ordinance that was created on its behalf.

The chief argues that the ordinance contradicts a state statute and a city licensing regulation that prohibit the use of a firearm by a person without a firearm identification card. The range's past practice amounts to allowing a criminal violation, namely, possessing a firearm without a firearm identification card, the chief said.

The contrast between the city ordinance and the state law could lead to a lengthy City Council debate and possible court challenges over gun laws.

The issue stems from a suicide at the gun range in October. A 35-year-old Uxbridge woman walked into the gun range, rented a 9 mm handgun and fatally shot herself. Another self-inflicted fatal shooting occurred eight years ago when the gun range was located in Millbury. It was called Rangemaster at the time.

Worcester has some of the most stringent gun-licensing policies in the state, and under Worcester's regulations the woman would have been prohibited from possessing a firearm. The Boston Gun Range has been following a city ordinance allowing customers without any gun permit to fire a weapon as long as they are supervised. The business also has several licenses issued by local police allowing it to sell ammunition, rent firearms and repair firearms. The license allowing the business to operate as a shooting range is governed by the city License Commission.

On Thursday, the License Commission suspended the business's license for six months - with that penalty suspended for one year - for several violations of its license that police discovered during the investigation into the suicide.

According to police, the business violated License Commission rules by failing to supervise the woman while she was shooting and for using human silhouettes as targets.

Police asked the business to voluntarily suspend its practice of accepting customers who don't have a firearm identification card, until the difference between state law and city ordinance could be settled. The chief said he would petition the City Council to change the city ordinance.

"I need to have an ordinance reflecting the state statute," the chief said.

The gun range refused to voluntarily end the practice of allowing people without firearm identification cards to shoot at the range, however, with Mr. Finkelstein saying the business was appropriately following city law. He said 85 percent of the business's customers don't have firearm identification cards, and that prohibiting them would essentially force the closing of the business.

On Thursday, the chief said he would suspend the licenses that his department governs: allowing for the sale and rental of guns and ammunition, and the maintenance of guns. The chief said the suspension was based on the violations discovered in the suicide investigation, but that the timing also was appropriate given the confusion over state law and city ordinance. The move to suspend the business's license to rent guns effectively prohibited the acceptance of customers with no firearm identification card - completing the chief's request - considering that anyone who legally owned his or her own gun would need a firearm identification card anyway.

Mr. Finkelstein contested the suspension, saying it was issued without due process and a hearing. He said Thursday that his client, gun range owner Mark M. Tashijian, would consider the suspension invalid and continue with the existing policies.

Conversations continued between Mr. Finkelstein and the police department yesterday, leading Chief Gemme to believe the business will suspend the practice until the issue is settled. A hearing on the police-governed licenses is scheduled for Jan. 31, but the chief believes the issues will be resolved by then.

"The more compelling issue is the practice of violating criminal statutes," the chief said. "This tragedy brought this whole issue to our attention."


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