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DeLUCA v. CHIEF OF POLICE OF NEWTON

415 Mass. 155 (1993)

612 N.E.2d 628

MICHAEL DeLUCA vs. CHIEF OF POLICE OF NEWTON.

Supreme Judicial Court of Massachusetts, Middlesex.

May 5, 1993.

Attorney(s) appearing for the Case

Richard G. Chmielinski, Assistant City Solicitor, for the defendant.

Karen L. MacNutt for the plaintiff.

M. Yvonne Gonzalez, Special Assistant Attorney General, for Massachusetts Advisory Board of Pardons, amicus curiae, submitted a brief.

Present: LIACOS, C.J., NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

In Massachusetts, a person may not legally carry a firearm without first obtaining a license to do so or a firearm identification card. G.L.c. 269, § 10 (1990 ed.). In 1988, the plaintiff applied to the defendant, the chief of police of Newton, for such a license pursuant to G.L.c. 140, § 131 (1990 ed.). Section 131 provides in material part that, after investigation, a chief of police of a city or...

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