City of Boston Settles Carry Permit Processing Delay Lawsuit, Pays SAF’s Attorney’s Fees

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government shutting down shutdown
Courtesy someecards.com

From the Second Amendment Foundation . . .

The City of Boston has settled a federal lawsuit filed by the Second Amendment Foundation and other plaintiffs over delays in accepting and processing licenses to carry a firearm, and has agreed to pay $10,000 to cover attorneys’ fees and costs.

SAF was joined by Commonwealth Second Amendment, Inc., and several individuals. The lawsuit was known as Alves v. McNamara. Plaintiffs are represented by New York attorney David Jensen.

“The city had already been very slow processing applications for carry licenses, and when the COVIC-19 pandemic hit, things completely ground to a halt,” SAF founder and Executive Vice President Alan M. Gottlieb recalled. “With things returning to normal, the city has agreed that all individuals who were on the list of applicants as of July 26 will be contacted so they may submit permit applications. The city also agreed to resume its pre-pandemic practice of accepting applications by Oct. 31, which has happened, and they are paying our legal expenses.

“This is one of the many COVID-related lawsuits to protect gun rights that we won,” he added, “and we had also warned several other jurisdictions around the country of probable legal action for similar shutdowns because of the pandemic.”

Nearly all jurisdictions are now returning to normal operation, Gottlieb said. Updates on all SAF legal actions can be found at saf.org

“Hopefully, this sort of thing will never happen again, anywhere,” he commented. “We’re happy with the settlement of this case. It’s just one more example of how SAF is winning firearms freedom, one lawsuit at a time.”

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32 COMMENTS

  1. All the people who were denied for a year+ will receive nothing beyond notification of their opportunity to beg again, and this is a “win”?

      • Exactly what I was thinking. 7 months for an address change on my FOID card. People have waited over a year after applying for one. Supposed to be 30 days maximum.
        Prickster blames the the pandemic. Everyone who knows blames Prickster

        • “People have waited over a year after applying for one. Supposed to be 30 days maximum.”

          File a lawsuit of your own then, a civil right delayed is a civil right denied…

    • Exactly what I was thinking. $10k to a SAF lawyer, nothing for the people who were actually affected, and Boston just gets to say “okay, you can apply again” and wait who knows how long to actually get a permit. Cue meme of “you keep using that word. I do not think it means what you think it means.”

    • It’s a win in that Boston has gone back to abiding to the original timelines whether you consider them good or bad. SAF can’t sue for damages as they were not “damaged” by Boston’s action. Or inaction. They can only sue to compel Boston to follow the rules. Only the individuals who had their permits delayed can sue for damages.

      • “SAF was joined by Commonwealth Second Amendment, Inc., and several individuals” i.e. people who were “damaged”, already sued, and got nothing – exactly as I wrote.

        Also, if you have another source documenting enforceable orders / binding commitments to timelines, please post. I see no evidence of that in this article.

  2. Not a “win.” The attorneys’ fees settlement was paltry, too. Boston wil not even register a “loss,” and will carry on abusing their residents.

    • I’m still waiting to hear from LASD to set up the required interview and BGC/fingerprinting. I submitted my application back in July…

      I’m starting to wonder if Sheriff Villanueva never intends to actually issue permits, and only said back in February he’s accepting applicationa as a political ploy.

      • A classic ‘stalling’ maneuver…

      • Something similar is going on in Oregon. To buy a handgun now, you need to get permission from the state police. If you don’t get it within a month, you’re simply out of luck, no reason given, nor any other communication. As C. Northcote Parkinson put it, Delay becomes Denial.

  3. A win is no longer having to kneel and bow your head and ask armed and dangerous big brother to grant you permission to protect you and yours against attack from big brother’s criminal pets.

  6. A Government is a ravenous beast that must be kept caged and not allowed to roam freely. Somebody let it out right around 2 Jan 2021, and now we are faced with getting it back in it’s cage.

  8. “With things returning to normal, the city has agreed that all individuals who were on the list of applicants as of July 26 will be contacted so they may submit permit applications.

    What am I missing? Applicants will be contacted so they may submit applications? WTF does that even mean? Do they have to apply for permission to apply for a permit? Sounds like most (ALL) of the settling was done by the plaintiffs… Attorney fees of $10,000? What did he do, write a strongly worded letter? He’s the only winner, Boston is back to business as usual, no major concessions, petty cash is ten grand lighter and SAF wants an atta boy?

  11. Every progressive jurisdiction plays games with this.

    In Minnesota, the legislature gave the Sheriff a certain number of days from submission of an application to review and approve them. So, the Sheriff just switched to an appointment process for you to go to the office and submit your app. You wait for your far-off appointment to go in and only then does the time period begin.

    Games.

  12. By law in Massachusetts LTCs are supposed to be processed in 40 days. But since it’s the police breaking the law then what are the consequences? Nothing. A few years ago the MA legislature changed the law mandating 40 days on permits and for a few months after the law was passed police departments were honoring the 40 day rule and about a month or so after that it was business as usual, law be damned. It’s pretty hard to look a ‘law enforcement officer’ in the face and have a decent conversation when they are the ones oftentimes breaking laws they should be enforcing. But there will be no consequences for cops until that last fig leaf of legal protection is removed from them so that they can be held personally accountable for their actions.

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