When police arrived, Novia retreated from the house unarmed and with hands in the air. During the interaction with the police, they asked if he had been drinking. He admitted to having a few after work but was not intoxicated. The police administered a portable breath test (such tests are not admissible in court because of their overt unreliability) the results of which were apparently inconclusive. He was not charged criminally. Despite no evidence of reckless handling, public intoxication while armed, or criminal misuse, Novia’s firearm license was suspended.

“This abuse of the “suitability” clause creates very dangerous territory for lawful gun owners defending themselves in their own home,” said Jim Wallace, Executive Director of GOAL. “Imagine you are having a poolside family BBQ and have had a few beers during the day but are not intoxicated. Suddenly chaos breaks out as intruders attack the event and you must make the choice of defending your loved ones or letting the violence happen. All because you had a beer with your burger.”

The case asks whether Massachusetts may suspend a law-abiding citizen’s firearms license for taking defensive action during an emergency at home. Even assuming alcohol consumption, Novia’s possession may implicate necessity and the Second Amendment’s core protection of self-defense in the home.

Attorney on record for this case.