Massachusetts law prohibits the issuance of a firearms license before the State Police complete a background check based on an applicant’s fingerprints. For individuals residing in Boston, after an application is submitted to the Boston Police Department, the Department’s Licensing Unit makes them wait for many month before they are provided with an appointment to have their fingerprints taken. It is currently estimated the wait time is more than six (6) months for an appointment.
Prior to this litigation, the Licensing Unit engaged in a practice that made individuals seeking licenses wait for months on a “wait list” to merely submit their applications – a practice that was abandoned in response to litigation from some of the Plaintiffs in this case. The Boston Police Department has seemingly traded one mechanism to effectuate lengthy delays with another, all in an effort to prevent peaceable Bostonians from obtaining firearms.
On August 31, 2023, the Second Amendment Foundation, joined by four individuals, and two civil rights organizations, filed suit against Boston’s police commissioner. The lawsuit seeks a declaration that the Department’s practices violates the Second and Fourteenth Amendments and injunctive relief to prevent the Department from continuing to deprive individuals of the ability to exercise their constitutional rights.
Case Team: Jason Guida, Ray Diguiseppe
Recent Docket Activity
February 11th, 2025
STIPULATION of Dismissal Without Prejudice by Rudolph White, Robert Cox, Kenley Exume, Giuseppe Barletta, Leslie Good, Commonwealth Second Amendment, Inc., Firearms Policy Coalition, Inc., Second Amendment Foundation.
December 18th, 2024
Judge Indira Talwani: ELECTRONIC ORDER: Following review of the parties' Joint Status Report 32, the Scheduling Order 17 is amended as follows. Cross-Motions for Summary Judgment shall be filed no later than February 18, 2025. All Memoranda submitted in support of or opposition to a Motion for Summary Judgment shall include a table of contents and table of authorities.
December 16th, 2024
STATUS REPORT Joint by Rudolph White, Robert Cox, Kenley Exume, Giuseppe Barletta, Leslie Good, Commonwealth Second Amendment, Inc., Firearms Policy Coalition, Inc., Second Amendment Foundation.
December 12th, 2024
STIPULATION of Dismissal Solely as to Plaintiff Rudolph White by Rudolph White, Robert Cox, Kenley Exume, Giuseppe Barletta, Leslie Good, Commonwealth Second Amendment, Inc., Firearms Policy Coalition, Inc., Second Amendment Foundation.
November 18th, 2024
Judge Indira Talwani: ELECTRONIC ORDER granting nunc pro tunc Joint Motion to Extend Deadline to Finalize Settlement 29 . Good cause shown, the deadline for the parties to file a stipulation of dismissal, request to reset dispositive briefing deadlines, or request additional time to finalize a settlement is continued to December 15, 2024.
