Chicopee District Court

ATTORNEY PATRICK J. NOONAN WINS APPEAL AND OBTAINS A COURT ORDER REVERSING THE DECISION OF THE POLICE DEPARTMENT IN SUSPENDING THE CLIENT’S LICENSE TO CARRY FIREARMS FOR BEING AN UNSUITABLE PERSON.

The client was issued a Class A License to Carry Firearms without restrictions. The Chicopee Police Department suspended his LTC alleging that he was an unsuitable person to possess a license stemming from an incident in which the police were called to his residence. Upon arrival, the client was outside his residence, intoxicated, and he was about to operate his vehicle until police intervened. The client’s wife told the police that the client had been drinking at the casino, was intoxicated, and she was concerned about him driving. The client wanted to take his firearm and leave the house prior to the police being called. The police went into the client’s home to retrieve his firearm while the client remained outside. The firearm was kept in a locked safe. The wife escorted police to the gun safe, she unlocked the safe, and the police seized the firearm. The client’s wife, who did not have an LTC, knew the combination to the gun safe and she was able to access the firearm. The police department suspended his LTC claiming that he was an unsuitable person because his wife knew the combination to the gun safe, she was able to access his firearm, and she did not have a gun license, and the police department was concerned that the client was going to access his firearm while intoxicated and drive away while under the influence.

Result: Attorney Patrick J. Noonan filed an appeal in the Chicopee District Court disputing that his client was an unsuitable person. At the hearing, the Judge entered an order reversing the police department’s decision to suspend the LTC. The Court entered an order directing the police department to issue the client a Class A License to Carry Firearms without restrictions.