Chief Taunton v. Caras
Chief Taunton v. Caras
Opinion of the Court
*182This appeal, which arises from the denial of certiorari relief in the Superior Court, concerns whether the chief of the Taunton Police Department
Background. The District Court judge found the following facts, which we supplement *1075with undisputed record evidence. Caras held a license to carry a firearm since about 1967. On January 17, 2017, he was seventy-six years old and held a class A license to carry a large capacity weapon issued pursuant to G. L. c. 140, § 131. On that day, Caras agreed to give his adult grandson a ride to Providence, Rhode Island. Caras was carrying a Sig Saur Model 232 handgun in the unlocked glove compartment of his car. After picking up his grandson, Caras made a brief stop, leaving the grandson alone in the car. Caras knew that his grandson suffered from a substance use disorder.
Because of heavy traffic, Caras dropped off his grandson in East Providence. Soon thereafter, he realized that his handgun was missing from the glove compartment. He immediately suspected that his grandson had stolen the gun, probably intending to pawn it to purchase drugs. Caras searched East Providence for his grandson and, when he could not locate him, reported the stolen gun to both the East Providence police and the Taunton police. Within a matter of hours police in Providence located the grandson, still in possession of the gun, and arrested him without incident.
The next day, the chief determined that Caras was no longer a suitable person to continue to hold a license to carry and revoked Caras's license. The formal notice issued to Caras by Taunton Police Captain Daniel P. McCabe explained the grounds for the determination of unsuitability as follows: "Based on Taunton Police Report 17001026, ... I find from reliable and credible information that you have exhibited or engaged in behavior that created a risk to public safety by leaving your firearm unsecured in your vehicle and having your grandson remove it from the Commonwealth."
Seeking to reinstate his license, Caras filed a complaint for judicial review in the District Court under G. L. c. 140, § 131 (f ). A nonevidentiary hearing was held on April 6, 2017. Caras supplemented the record with letters from friends and neighbors vouching for his character and integrity. After reviewing the evidence, and relying on Caras's responsible action in reporting the theft of his gun, the judge determined that the chief's unsuitability finding was unreasonable:
*184"[T]his [c]ourt cannot find, under the circumstances of this case that a single error in judgment should or must define Mr. Caras. There is no evidence that the index incident was anything more than an aberration after almost fifty (50) years of safe gun ownership. As a result, this [c]ourt cannot find that existing factors suggest that, if issued a license, Mr. Caras may create a risk to public safety."
The judge ordered the chief to reinstate Caras's license to carry.
The chief sought review of the order by filing an action for certiorari review in the Superior Court. Acting on cross motions for judgment on the pleadings, a Superior Court judge allowed Caras's motion, affirming the order of the District Court. The chief appeals.
Discussion. Under G. L. c. 140, § 131 (d ), a licensing authority may decline to grant a license to carry a firearm to a person not otherwise prohibited from receiving a license
"A determination of unsuitability shall be based on: (i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety."
*185G. L. c. 140, § 131 (d ), as appearing in St. 2014, c. 284, § 48. See Phipps v. Police Comm'r of Boston,
The holder of a license may seek judicial review of the revocation or suspension decision by filing a petition in the District Court. See G. L. c. 140, § 131 (f ). The statute permits the judge to reinstate the license if the judge finds, after a hearing, "that there was no reasonable ground for denying, suspending, revoking or restricting the license and that the petitioner is not prohibited by law from possessing a license."
The District Court judge is not limited to the administrative record in determining whether the revocation decision was unreasonable. Holden,
On appeal from the dismissal of the chief's certiorari action, we apply the *1077same standard of review as the Superior Court judge. *186See Frawley,
Licensing authority decisions to revoke firearms licenses have been held to be unreasonable where the behavior of the licensee, while perhaps unusual or disturbing, did not implicate public safety concerns. See Simkin,
Caras's actions provided a reasonable basis for the chief's decision. Caras failed to secure his handgun in his vehicle, which enabled his grandson to steal it. Three police departments had to take immediate action to find and to apprehend the grandson, whose possession of the firearm not only raised its own public safety concerns, but also created a risk of the weapon falling into more dangerous hands. Although Caras was not prosecuted, his actions may have violated G. L. c. 140, § 131L, which "require[s] those authorized to possess a firearm, when they are not carrying or otherwise immediately controlling the firearm, to secure it to ensure that those who are not authorized to possess a firearm do not gain access to their firearm."
*187Commonwealth v. McGowan,
We agree with the District Court judge that Caras's prompt reporting of the theft to the police was laudable and may have prevented disastrous consequences that leaving the gun unattended and unsecured otherwise might have caused. And the supplemental *1078evidence admitted during the District Court proceedings supports the District Court judge's finding that this incident was an "aberration" in Caras's life. The chief, in his discretion, could have taken the same view of the circumstances as the District Court judge and could have chosen not to revoke Caras's license.
Conclusion. The judgment of the Superior Court is reversed, *188and a new judgment shall enter affirming the revocation of Caras's license to carry.
So ordered.
The chief is the "[l]icensing authority" as defined by G. L. c. 140, § 121, and Daniel P. McCabe was designated by the chief to act as agent for the purpose of firearms licensing. For convenience, we refer to the responsible police official as the "chief."
The statute provides a list of disqualifying conditions that prohibit a person from obtaining a license to carry, such as certain criminal convictions, prior involuntary commitment for mental illness, being younger than twenty-one years of age, and renunciation of United States citizenship. See G. L. c. 140, § 131 (d )(i)-(x).
A conviction would have exposed Caras to a fine of up to $ 7,500 and imprisonment for up to eighteen months, see G. L. c. 140, § 131L (b ), and would have prohibited him from holding a license to carry under G. L. c. 140, § 131 (d )(i) (D). "The fact that there was no conviction removes the incident as a license disqualifier, but it does not remove the chief's consideration of the incident on the question of [Caras's] suitability." Holden,
Caras did not present any evidence that the chief applied a different standard to Caras than to other similarly situated licensees such that the chief's decision to revoke Caras's license was arbitrary or capricious.
Nothing in our decision should be understood to preclude Caras from applying for reinstatement of his license to carry based on a showing to the chief that he should no longer be considered unsuitable. See G. L. c. 140, § 131 (f ) ("A revoked or suspended license may be reinstated only upon the termination of all disqualifying conditions, if any").
Case-law data current through December 31, 2025. Source: CourtListener bulk data.