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View Full Version : MA: 2nd A fed lawsuit against Worcester CoP to get CCW


Paladin
01-08-2011, 1:56 PM
http://www.telegram.com/article/20110107/NEWS/101070528/-1/NEWS07

Have the Right People (state or national) reached out to him or is he a rogue lawyer?

*****

WORCESTER — Looking for protection from “menacing” Main South and the “drug dealers, pimps, and prostitutes,” city lawyer Hector E. Pineiro applied for a license to carry a concealed weapon through the Police Department.

When the Class A license came back restricting it for sporting and target use, the lawyer wasn't satisfied.

Now Mr. Pineiro has filed a federal civil suit against Police Chief Gary J. Gemme claiming a violation of constitutional rights.

Mr. Pineiro has also filed for a judicial review in Central District Court. That review is scheduled for April 8.

Read more: http://www.telegram.com/article/20110107/NEWS/101070528/-1/NEWS07#ixzz1AUH5Tdh3

press1280
01-08-2011, 2:09 PM
Looks to be a rogue. SAF already has a lawsuit against Boston for denial of a carry permit.

yellowfin
01-08-2011, 3:00 PM
Might know what he's doing, might not. Hopefully he'll get in touch with the right people.

nicki
01-08-2011, 5:48 PM
No website, tried calling his office, (508) 770 0600, but not even an answering machine.

He is hispanic which means his case could raise the equal protection issue to "Strict Scrutinty", if Jim March or Gray reads this, they could fill you in.

Hopefully he is a lawyer who will graciously accept help and use it wisely.

Based on the article, I don't think he will drop the case because it appears that for him it is personal.

As bad as California is, we still can do something like LUCC in our day to day business. That probably is not an option in places like Mass, NJ and NY.

Nicki

dfletcher
01-08-2011, 8:27 PM
I got my 1st "all legal purposes" CCW in MA, depending on the city they're easy as heck or a pain in the neck - my 80 year old Mom has one. No surprise that Worcester, being a larger city, is difficult. It's been a while, but I thought that if the Chief denied the permit there was an appeal process to be gone through, the result of which was that unless the person is legally prohibited they get the permit.

Of all the "this makes no sense" laws out there one that allows a person to own and carry to and from the range but not for defense makes about zero sense.

MP301
01-08-2011, 8:52 PM
It looks like he did get the permit...it just has stupid restrictions on it that dont help for day to day personal protection...

dfletcher
01-08-2011, 9:50 PM
It looks like he did get the permit...it just has stupid restrictions on it that dont help for day to day personal protection...

Seems to be the case.

In MA the "target and hunting" LTC is fairly restrictive and can not be used as a "carry for self defense" LTC - they are two different items. He no doubt applied for the CCW LTC and was denied, informed he was OK'd for the "target and hunting". There may be some legal manuevering by the chief along the lines you suggest - perhaps being technically not denied means he can't avail himself of any appeal process. Again, it's been a while for me

CnCFunFactory
01-08-2011, 10:16 PM
It's Worcester (pronounced like wooster) not Worchester.... I use to live near there take my word for it.:D

CABilly
01-08-2011, 11:30 PM
It's Worcester (pronounced like wooster) not Worchester.... I use to live near there take my word for it.:D

Incorrect. No words end in an "ar" sound over there. It's pronounced "Woostah". :D

dfletcher
01-08-2011, 11:42 PM
It's Worcester (pronounced like wooster) not Worchester.... I use to live near there take my word for it.:D

I used to make runs to a beer distributor's warehouse out there - the Miss Worcester diner was a regular stop for us. Whenever the union folks went on strike and a family friend's "package store" couldn't get beer we'd pick it up ourselves - quite the scene. Co-worker here was reading an article about Leominister, MA - asked me about it. He pronounced it "Leo-Min-is-ter" instead of the "correct" way - Lemin-stuh. :)

Librarian
01-08-2011, 11:57 PM
It's Worcester (pronounced like wooster) not Worchester.... I use to live near there take my word for it.:D

Incorrect. No words end in an "ar" sound over there. It's pronounced "Woostah". :D

OK, smart guys - what's the real name for Lake Webster? (I went to high school about 10 miles from there)

N6ATF
01-09-2011, 1:03 AM
Westah?

Funtimes
01-09-2011, 1:13 AM
http://www.telegram.com/article/20110107/NEWS/101070528/-1/NEWS07

Have the Right People (state or national) reached out to him or is he a rogue lawyer?

*****

WORCESTER — Looking for protection from “menacing” Main South and the “drug dealers, pimps, and prostitutes,” city lawyer Hector E. Pineiro applied for a license to carry a concealed weapon through the Police Department.

When the Class A license came back restricting it for sporting and target use, the lawyer wasn't satisfied.

Now Mr. Pineiro has filed a federal civil suit against Police Chief Gary J. Gemme claiming a violation of constitutional rights.

Mr. Pineiro has also filed for a judicial review in Central District Court. That review is scheduled for April 8.

Read more: http://www.telegram.com/article/20110107/NEWS/101070528/-1/NEWS07#ixzz1AUH5Tdh3


You know... there over a million lawyers in the country. Many people other then Alan Gura are knowledgeable in law, and are sufficiently competent to argue cases.

press1280
01-09-2011, 3:31 AM
It didn't say what kind of lawyer he was. Someone who's not a slip and fall lawyer would be a start.

TommyGun
01-09-2011, 6:31 PM
I went to High School about 10 miles from there also .... in Hudson. Spent lots of time in Worcester. Kahr is located there too. I know a few people who have police "friends" and they got full concealed permits very easily. It can either be very easy or very hard from what i saw.

tankerman
01-09-2011, 6:36 PM
Have the Right People (state or national) reached out to him or is he a rogue lawyer?
Not this crap again.

More put-down BS justified by nothing more than addition of these words "the right people".

wildhawker
01-09-2011, 6:41 PM
You know... there over a million lawyers in the country. Many people other then Alan Gura are knowledgeable in law, and are sufficiently competent to argue cases.

Cases, yes. Family law, speeding tickets, DUIs, torts, property, transactions... plenty of caselaw exists.

Bleeding edge civil rights litigation on the [arguably] most controversial and narrowly-protected core right? Hardly.


Not this crap again.

More put-down BS justified by nothing more than addition of these words "the right people".

Obviously more uninformed knee-jerk put-down BS based on an irrational response to three fluid words with an evolving implication. :rolleyes:

liketoshoot
01-09-2011, 6:58 PM
OK, smart guys - what's the real name for Lake Webster? (I went to high school about 10 miles from there)

Lake Chaubunagungamaug
I "kinda" miss Boston.
so not to thread jack any more then has been done, how many of us old mass are there on here?

tankerman
01-09-2011, 7:08 PM
Obviously more uninformed knee-jerk put-down BS based on an irrational response to three fluid words with an evolving implication. Evolving, yes that's correct. Into what is still open for debate.

Hopefully it doesn't evolve into the same type of a consensus as the Global Warming has become for the scientific community.

Paladin
01-09-2011, 7:50 PM
Not this crap again.

More put-down BS justified by nothing more than addition of these words "the right people".

1) Any lawyer who files a 2nd A case acting like it is well-settled law -- because of either ignorance, negligence in basic legal research, or arrogance -- is going rogue.

2) Any lawyer who realizes that 2nd A Con law is in its infancy and yet doesn't reach out to 2nd A law specialists on his side for counsel is going rogue.

3) Last, as the old saying goes, "Any lawyer who represents himself has a fool for a client."