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O'MALLEY v. CHIEF OF POLICE OF STOUGHTON

No. 91-P-1147.

35 Mass. App. Ct. 49 (1993)

617 N.E.2d 646

R. PATRICK O'MALLEY vs. CHIEF OF POLICE OF STOUGHTON.

Appeals Court of Massachusetts, Norfolk.

July 27, 1993.

Attorney(s) appearing for the Case

Thomas J. Amoroso for the plaintiff.

Brian W. Riley for the defendant.

Present: PERRETTA, KAPLAN, & LAURENCE, JJ.

PERRETTA, J.

Under G.L.c. 140, § 131, as appearing in St. 1986, c. 481, § 2, only certain firearms instructors and bona fide collectors of firearms may be issued a license to possess or to carry machine guns. Because the defendant, the chief of police (chief), concluded that he had insufficient information upon which to determine whether the plaintiff, R. Patrick O'Malley, was a bona fide firearms collector, he refused to issue him a machine gun license...

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