GOAL Takes on Wrongful License Suspension After Domestic Violence
Can the government disarm a citizen for defending himself? That is the question being brought before the Superior Court.
Mr. Morissette’s LTC was suspended after an altercation in which authorities identified him as the victim. According to the Sturbridge police officer, Jacqueline Morissette admitted to striking her husband first. Gregory reported responding in self-defense. The criminal complaint charged Jacqueline with assault and battery on a family or household member, and named Gregory as the victim. Police advised Gregory of his right to seek a restraining order.
No firearm was involved in the incident. Nevertheless, Worcester police suspended HIS firearms license, and Worcester District Court affirmed that decision.
“This case is about more than one person’s firearms license,” said Jim Wallace, Executive Director of GOAL. “It asks whether Massachusetts may strip a law-abiding citizen of his Second Amendment rights for defending himself during an assault - even when the Commonwealth identified him as the victim. Will this be the State’s practice moving forward to disarm victims of domestic violence?”
The case, like so many others in the Commonwealth, presents constitutional and due-process questions. May a licensing authority label an uncharged crime victim a public-safety risk despite the investigation’s outcome? Can lawful self-defense become evidence of firearms “unsuitability”? May officials substitute an unsupported assessment for the facts?
The answers could affect Massachusetts lawful gun owners. If defending oneself, even without a firearm, can this trigger the loss of Second Amendment rights? This leaves every lawful gun owner with a unconscionable decision that should never have to be made.
Attorney on record for this case.