MBTA WORKER’S LICENSE TO CARRY FIREARMS WAS SUSPENDED AFTER CRIMINAL CHARGES FOR UNLAWFULLY CARRYING A FIREARM OUTSIDE HIS RESTRICTION BUT ATTORNEY PATRICK J. NOONAN GETS HIS LTC REINSTATED

The client has a License to Carry Firearms (“LTC”) with a restriction for target shooting purposes only. The client was criminally charged in Boston with unlawfully carrying a firearm outside his target shooting restriction. At 2:41 a.m., Boston Police were patrolling a high crime area, which had been the scene of recent shootings. Officers were suspicious that the Defendant’s vehicle and another vehicle were parked in close proximity to each other (in this high-crime area) and the vehicles took off in separate directions. Officers followed the Defendant’s vehicle and their suspicious increased because the vehicle’s windows were tinted and the license plate was obstructed by some plastic covering. Officers stopped the Defendant’s vehicle and asked him if he had a firearm in his possession. Defendant was truthful and stated that he had a firearm underneath his seat. His LTC was restricted to target shooting only and the police felt that the Defendant had possessed the firearm outside his restriction and charged him criminally. Following the criminal charge, the client’s LTC was suspended.

Result: Attorney Patrick J. Noonan successfully petitioned the Police Department to reinstate his client’s LTC for the following reasons: First, the criminal charge was dismissed at a Clerk-Magistrate’s Hearing. He was only issued warnings for the civil infractions for the tinted windows and license plate obstruction. Second, Attorney Noonan presented evidence that his client was in that specific area in Boston because he was visiting his grandmother. The client was not doing anything suspicious. Third, the client had gone target shooting that day at the Braintree Rifle and Pistol Club with co-workers of the Massachusetts Bay Transportation Authority. Fourth, Attorney Noonan presented strong character evidence. The client had no criminal record. He has been gainfully employed by the MBTA for six years. Several respectable members of the community offered letters attesting to the client’s character. Finally, the client completed a firearm’s safety course. After reviewing the totality of the evidence, the police department reinstated the client’s license to carry firearms.