The U.S. Supreme Court directly addressed the controversial New York practice of allowing officials to arbitrarily determine whether a person may freely exercise their Second Amendment rights. The 2022 Bruen decision emphatically struck down the routine of denying carry rights to law-abiding citizens despite constitutional protections.

Massachusetts stubbornly clings to such a practice, though a court this week determined it violates the Constitution.

The case before a Boston municipal court concerned a local man, Jordan Lebedevitch, who sought at LTC for a position in security. In Massachusetts, this is required to purchase or own a handgun and even some long guns.

The issue arose when the Boston Police Department used a 2023 police report to deny his application. Lebedevitch’s former wife accused him of threatening suicide, a charge he emphatically dismissed in a letter to the police department. 

The applicant described the contention as a misunderstanding and filed a legal petition seeking the LTC. Judge Richard Sinnott initially denied the request before ordering the police department to grant the license.

His action is not likely the final word in the standoff, yet another case of local authorities ignoring the high court’s Bruen decision.

The state engages in a “suitability” test in which an incredible amount of power to affirm or deny constitutional rights is granted to officials concerning gun rights.

According to the law, authorities may reject an application or renewal to carry based on a variety of purely subjective factors.

These include “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.”

It would surprise no one to see this or a similar case before the Supreme Court, which may be necessary to finally end the practice of anti-gun forces ignoring clear rulings from the bench. 

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