By NANCY H. GONTER ngonter@repub.com
SOUTHAMPTON - A second judge says former police officer Walter Bush should be allowed to get a firearm's license.
Hampshire Superior Court Judge Mary-Lou Rup ruled that District Court Judge Richard J. Carey was correct when he said Police Chief David G. Silvernail should have given Bush a firearm's license.
Lawyer David G. Mintz, who represented Bush, said he hopes Bush, who is a federal probation officer, will get the permit and the case is not appealed again.
"It's our wish that this thing could be put to bed at this point. This matter has been litigation in not one, but two different forums. It's costing everybody time and money. Everyone's resources can be better spent on other things," Mintz said.
Bush, who served on the town police force from 1997-2000, had been issued a license to carry a gun in 1996 when he lived in Shutesbury. In 2001 and 2004, after he had moved to Southampton, he applied for a license and was denied by Silvernail.
In a strongly worded 2004 decision, Carey said Silvernail did not have reasonable grounds for denying the permit, noting that the relationship between Silvernail and Bush deteriorated after Bush told Silvernail he was going to take part-time work with other police departments for financial reasons.
Silvernail and the town, through lawyer Brian E. Glennon, asked that Carey's decision be overturned, saying Carey erred by using a psychiatrist's report and a letter of recommendation about Bush in his decision.
Silvernail said he will be meeting with his lawyer and selectmen and deciding whether to appeal.
"I do feel strongly he is not a suitable person (to have a gun permit). Police chiefs do have an awesome responsibility to ensure gun permits are issued to suitable people. I have worked to meet my responsibility for the town," Silvernail said.
In his permit denial, Silvernail wrote that Bush should not get a permit because of Bush's past behavior, threats, false statements that the license was needed for his job, and his psychological suitability.
In her March 22 decision, Rup said that a report of a psychiatrist who said that Bush was an appropriate person to have a gun permit was properly part of Carey's decision.
In addition, a reference letter from former Chief Eugene Lemoine who spoke positively of Bush was also properly admitted. Lemoine said Bush was "always professional, dedicated and conscientious."
Bush declined to comment, referring questions to Mintz.
Bush "has no hard feelings," Mintz said. "He is ready, willing and able to move on."
"This is giving a pistol permit to someone who is not only a federal probation officer, but a decorated probation officer. It's a question of what would be accomplished by continuing further litigation," Mintz said.
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