2nd Amendment and Right to Bear Arms/License to carry, suspended

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Expert: - 1/13/2010


Question
I live in Mass...  I had a license to carry, 3 years ago, i was charged with unsafe storage of a firearm, my license was suspended.  The case was dismissed in court, but the issuing police chief will not give the license back.
It is up to his discretion as to when he will give it back.
He doesn't answer my letters and request from me or my attorney, to give it back.  I paid my fine, and probation and the case was dismissed. I have no other records.
The gun was in a case in my locked truck. the case was not locked.
Police came to investigate when I left my lights on.
They entered the vehicle without my permission and confiscated the gun and I was ordered to turn in my license.
The license is suspended, not revoked.
What can I do?  Seems my rights are violated and I am still being punished after the case was dismissed.   Thanks!

Answer
This isn't a Second Amendment question, Lenny… how did you imagine it was? It's a Criminal Justice or Civil Rights case!

You need an attorney. (You also need a refresher course in firearms safety.)

You will have to sue the Police Chief with a writ of Mandamus, compelling him to do his duty.

But then you live in Massachusetts, so your problem may be insurmountable,  something we in Noo Yawk understand and with which we can sympathize.

2nd Amendment and Right to Bear Arms

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Dean Speir

Expertise

I can answer questions about Handguns, Rifles, Ammunition, the Firearms Industry, the "gunzine game," practical accessories for self-defense (CCW) handguns; rumor control on firearms myths, errata on the "gunshop grapevine."

I am NOT an Attorney, and nothing I provide here should be relied upon as legal advice. Therefore, please do NOT make inquiries about Criminal Justice issues... this is the Second Amendment topic.

Nor do I do "Private Consultations." Want to made it "private," retain an attorney.

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25 years practical and competitive hangunning; 26 years in the firearms industry; 15 years writing for the gunzines, including 4˝ years as Industry Editor for The New Gun Week; maintainer of www.thegunzone.com.

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BA in English Graduate Lethal Force Institute Graduate Gunsite Graduate Defensive Training Institute

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