Massachusetts LTC Denial Letter is Not a Search Warrant

Commonwealth Second Amendment
Commonwealth Second Amendment

Massachusetts –-(Ammoland.com)- Celona v. Erickson challenges the practice of Massachusetts licensing authorities of treating written license to carry firearms (LTC) denial notices as de facto search warrants.

It also attempts to further confirm earlier Comm2A victories in Wesson and Richmond regarding license denials based on old, out-of-state minor marijuana convictions and establish that police may not impose extralegal requirements for the return of seized property.

Christopher Celona possessed a Massachusetts LTC for over 20 years before being denied a renewal this past spring on the basis of an old conviction for simple marijuana possession in New Hampshire. Two police officers arrived at Celona’s home and presented him with a license denial letter from Gardner Police Chief Erickson.

Although they lacked a proper search warrant, the officers claimed that the letter gave them legal authority to enter the home and seize all of Celona’s firearms.

Police also took it upon themselves to seize firearms belonging to Celona’s wife and father. Later, when Celona’s wife and father attempted to retrieve their seized firearms, they were turned away until they “registered” their firearms – a requirement that is not supported by any law.

Mr. Celona, his wife and his father all seek monetary damages for both the deprivation of their rights and the resulting damage to their property.

We Have Lawyers and Guns…..Please Send Money

Cases like Celona v. Erikson are only possible because people like you donate generously and become Comm2A members. Please consider becoming a sustaining member by making a monthly donation via credit card or PayPal. Individuals with annual donations totaling at least $50 will become official members of Comm2A.

Donations to Comm2A are fully tax deductible and may be eligible for a matching gift from your employer.
Quick Links:

Jarvis v. Village Vault

We're disappointed to report that late Friday the First Circuit issued an opinion in favor of the defendant. The panel found no state action on the part of Village Vault, a necessary finding if the defendant was to be held liable for violating the due process rights of the individual plaintiffs.

Commonwealth Second Amendment (Comm2A)

Commonwealth Second Amendment (Comm2A) is a Massachusetts based 501(c)(3) non-profit dedicated to preserving and expanding the rights of gun owners in the northeast. We are dedicated to promoting a better understanding of rights guaranteed by the Second Amendment to the United States Constitution. In addition to organizing and funding a number of exciting projects, our activities include educational programs designed to promote a better understanding of Massachusetts and Federal firearms laws and rights as well as programs to defend and protect the civil rights of Massachusetts gun owners. www.comm2a.org

  • 2
    Leave a Reply

    Please Login to comment
    2 Comment threads
    0 Thread replies
    0 Followers
     
    Most reacted comment
    Hottest comment thread
    2 Comment authors
    Thom PaineSuperG Recent comment authors
      Subscribe  
    Notify of
    Thom Paine
    Guest
    Thom Paine

    Badges do not shield tyrants from bullets. ID NULLIFY THAT JURY HAD HE SHOT THEM DEAD!

    SuperG
    Guest
    SuperG

    Sheriff’s like this one only provide an impetus to revolution.