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Phipps v. Police Commissioner of Boston, 94 Mass.App.Ct. 725, 119 N.E.3d 341

Facts

Richard Phipps, a victim of armed robbery, applied for a license to carry a firearm in Boston. Initially granted a restricted license for target practice and hunting, Phipps sought to remove the restrictions due to safety concerns related to his business. After a meeting with Detective McDonough, where Phipps's suitability was questioned based on perceived inaccuracies in his statements, his license was revoked. Phipps challenged this decision through judicial review, which ultimately led to an appeal after the Superior Court upheld the revocation.

Phipps is a resident of Boston, where he is part owner and operator of a small retail business located at Dudley Square in the city's Roxbury section. Phipps's duties at the store include closing the store at night and making cash deposits at a nearby bank. Previously, while closing his store one night, Phipps had been robbed at gunpoint.

Issue

Did the Boston police commissioner's revocation of Richard Phipps's firearm license have a reasonable basis related to public safety?

Rule

The licensing authority must determine whether an applicant is a 'suitable person' to possess a firearm and whether the applicant has a 'proper purpose' for carrying a firearm, with considerable discretion in making these determinations.

In determining whether to issue a license with restrictions, G. L. c. 140, § 131, outlines a 'two-step inquiry' the licensing authority must undertake when evaluating an applicant.

Analysis

The court analyzed the commissioner's reasons for revoking Phipps's license, concluding that they were based on subjective determinations rather than objective evidence of unsuitability. Phipps's statements during the meeting with Detective McDonough did not demonstrate a risk to public safety, and the court found no reasonable nexus between the revocation and the statutory goal of keeping firearms from unsuitable individuals.

Viewed as a whole, we conclude that Phipps's statements to Detective McDonough did not provide a 'reasonable ground' for the revocation of his license.

Conclusion

The Appeals Court reversed the decision to revoke Phipps's license, stating that the reasons provided for the revocation were arbitrary and capricious, lacking a reasonable connection to public safety.

Because Phipps has demonstrated by substantial evidence his need to protect himself and his retail business, and because the department failed to show that it restricted and revoked his license to carry a firearm for objective reasons related to public safety, the department was without reasonable grounds to conclude he was an unsuitable person to possess a firearm for any lawful purpose.

Who won?

Richard Phipps prevailed in the case because the court found that the revocation of his license was not supported by reasonable grounds related to public safety.

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