Comm2A and GOAL Help Bring Licensing Delay to MA High Court after District Court Judge rules license processing timeline mandates have no teeth.
Baas-Thomas v. City of Boston
Westborough, MA - Attorney Jason Guida, with the full support of Comm2A and GOAL, filed a writ of certiorari to the Massachusetts Supreme Judicial Court last week appealing the decision of Baas-Thomas v. City of Boston. A direct appeal to a licensing delay case that targets the Commonwealth’s self-imposed licensing deadlines.
In January of 2025, Max Baas-Thomas (“Max”) applied for his License to Carry (“LTC”) in the City of Boston in and was told in no uncertain terms, that he would have to wait at least 6 to 7 months for his license to be issued as the Boston Police Department had a tremendous backlog and were still processing applications from the fall of 2024. Per Massachusetts General Law, licensing authorities (local police departments) have 7 days after receiving applications to submit fingerprints along with a copy of the application to the Colonel of the State Police. Once this has been completed, the licensing authority then has 40 days to either approve or deny the application and must notify the applicant of the reason, in writing, if they are denied.
Once the 40 days were up and Max had not received his LTC, Max filed suit with South Boston District Court. At the hearing, the licensing officer for the City of Boston testified that the 40-day deadline required by law was “unrealistic” and that the Boston Police Department cannot process LTC applications within the statutory timelines. The Court, in ruling for the Boston Police Department, ignored the obvious 2nd Amendment violation and found that the inability of the police department to follow the law was reasonable because they are working “as quickly as possible with the resources they have”. The Court also determined that there are no consequences listed in the statute for a licensing authority that fails to process an application in 40 days and, therefore, the police are free to violate the law with impunity.
The Court’s action in this case justifies everything GOAL has said about the licensing system being abusive and arbitrary. Such extensive delays, regardless of the reason, should be looked at as a failure of a system that was set up to deny citizens of the Commonwealth their civil rights.
“This is just one example of a long list of instances where the state chooses to ignore the laws, they wrote claiming it is inconvenient and/or not practical,” said Jim Wallace Executive Director of GOAL. “Hundreds of thousands of citizens in the Commonwealth’s Second Amendment community struggle on a daily basis in a grueling attempt to understand and comply with the law. But when it comes to the very government that imposes these abhorrent laws, it can decide what, when, and how they choose to comply, and only if they feel like it.”
“Comm2A has hundreds of reports of delays that far exceed what the law allows for, not by a few days, but by weeks or months. Some communities are already pushing people into the summer of 2026 for appointments. This needs to stop” said Chris Martel, President of Comm2A. “There are no excuses for these unconscionable delays. We urge licensing authorities across the Commonwealth to comply with the law, just as those seeking firearms permits must. Litigation will be costly, choose compliance.”
“A constitutional challenge to unreasonable licensing delays is long overdue,” said Attorney Guida. “A right delayed is a right denied”.