Lowell District Court

ATTORNEY PATRICK J. NOONAN PERSUADES THE COURT TO REVERSE THE DECISION OF THE LOWELL POLICE DEPARTMENT IN SUSPENDING THE CLIENT’S LICENSE TO CARRY FIREARMS DUE TO ARRESTS FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL AND CARRYING A FIREARM WHILE INTOXICATED.

Plaintiff had a valid License to Carry Firearms (LTC), which was suspended by the Lowell Police Department because he was arrested and charged with Operating under the Influence of Alcohol and Carrying a Firearm while Intoxicated. According to the police department, the Plaintiff’s arrest made him an “unsuitable person” to possess a firearm. Attorney Patrick J. Noonan appealed the decision of the police department to the Lowell District Court. The Police Department opposed the appeal and maintained that the Plaintiff was an unsuitable person.

Result: At the hearing in the Lowell District Court, the firearm licensing officer for the Lowell Police Department testified that the facts and circumstances of the Plaintiff’s arrest for OUI and Carrying a Firearm while Intoxicated justified the decision to suspend his LTC. Attorney Noonan cross-examined the officer and pointed out that the Plaintiff was found not guilty of OUI and the firearm offense was dismissed by the prosecution. Nevertheless, the Lowell Police Department felt that the facts surrounding his arrest supported the decision to suspend his LTC. Attorney Noonan argued that the OUI should not be considered as a basis for a suspension because a jury, upon hearing the facts of the case, determined that the Plaintiff was not guilty of committing that offense. The Police Department maintained that the Defendant’s possession of a firearm while arrested for an OUI made him unsuitable. However, Attorney Noonan pointed out that the officer never investigated, or determined, why the prosecution decided to dismiss the firearm offense. The Court inferred that the firearm offense must have been a weak case if the prosecution decided not to prosecute him for that offense. Moreover, the licensing officer did not contact the Plaintiff to interview him to learn about outcome of the criminal case. The Court found that the Lowell Police Department should have conducted further inquiry before deciding to suspend the LTC. Attorney Noonan argued that it was unreasonable to suspend the LTC because the arrest occurred a long time ago, and the decision to suspend his license was not based on any recent evidence of unsuitability. Attorney Noonan had his client testify and he presented evidence of his suitability, which the Court credited. After the hearing, the Court reversed the decision to suspend the LTC and found that Attorney Noonan met his burden of proving that the decision by the Defendant was an abuse of discretion.