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Police chief wants gun range license suspended

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Posted by: resqjyw0

By Scott J. Croteau TELEGRAM & GAZETTE STAFF
scroteau@telegram.com

WORCESTER— The Boston Gun Range’s license may be in jeopardy after police say the Route 20 operation violated city ordinances by letting people without a license to carry a firearm fire weapons there and enter the target area.

Police Chief Gary J. Gemme will ask the License Commission Thursday to suspend the Boston Gun Range’s license to operate.

The business already has a pending legal case in Worcester Superior Court where the range asked a judge to overturn the chief’s prior suspension of its license to sell and rent firearms, sell ammunition and to operate as a gunsmith.

That suspension stemmed from an investigation into the gun range, at 317 Southwest Cutoff, that followed a suicide at the facility in October 2006.

The city and gun range owner came to an agreement in the court case to allow the range to continue operating as long as the owners agreed to follow city ordinance regulations stating only people with either a valid firearm identification card or gun license are allowed to engage in target shooting or enter a live-fire area at shooting ranges.

Chief Gemme said he has now contacted the city’s Law Department and requested city lawyers to ask a judge to uphold his previous decision based on the new allegations and continued practices at the range.

The recent allegations that the gun range violated city ordinances came after police investigated a Feb. 22 incident.

Chief Gemme said four men entered the gun range and began firing in the target area.

One of the men’s handguns malfunctioned and blew up in his hands, inflicting minor injury.

Police learned through investigations and talking to the four men that only two had licenses to carry. That is a violation of a city ordinance passed last year.

After an investigation by the Police Department’s Licensing Division, authorities allegedly found seven violations of city ordinances.

“Clearly the business practices and the integrity of following the rules and regulations don’t exist in the Boston Gun Range,” the chief said yesterday.

According to police, investigators went to the gun range on March 5 and 7 asking for records showing who fired handguns on Feb. 22. Authorities allege that employees did not provide those records.

On March 27, two vice squad officers went to the range undercover to rent firearms. One officer provided a license to carry while the other said he left his license to carry at home and instead provided a driver’s license.

“He was informed by the clerk working there that it was OK and he didn’t need a gun permit to fire at their range,” according to the reports.

On March 31, another undercover vice officer went into the gun range, purchased ammunition and rented a firearm by using a driver’s license. He did not provide a license to carry, police said.

The officer was allegedly left unsupervised at the target area at least three times, police said. The undercover officer also left with a .45-caliber round, police said.

On April 1, investigators returned to the range and asked for the rental receipts for Feb. 22, March 27 and March 31, police said. Those sheets were not provided and had not been provided as of yesterday, Chief Gemme said.

“When we tried to investigate, our ability to investigate was obstructed by the management of the Boston Gun Range,” Chief Gemme said. “We were not able to obtain records.”

Authorities allege the Boston Gun Range continues to allow people to fire weapons without a license to carry.

“I think it is common knowledge the Boston Gun Range has very loose practices and allows unlicensed individuals on to the gun range and in some cases violent offenders,” the chief said.

“We were concerned a year ago with the practices of the Boston Gun Range and they are only heightened with the additional charges we are bringing forward,” he said.

A message requesting a comment was left at the for gun range for the owner yesterday. The call was not returned.

When reached yesterday, Jonathan Finkelstein, lawyer for the gun range in the pending court matter, said he hadn’t spoken to his client yet and could not comment.

“I don’t know the full nature of the alleged violations,” he said. “Until I see police reports and have a chance to talk to (the owner), there’s really not much I can comment on.”

http://www.telegram.com/article/2008...804180685/1116


Quote:
Originally Posted by The Telegram
The Boston Gun Range’s license may be in jeopardy after police say the Route 20 operation violated city ordinances by letting people without a license to carry a firearm fire weapons there and enter the target area.
Back in high school there was this kid that used to brag that he went up there to shoot .50 cal. Desert Eagles and .45 HK USPs. Obviously he was too young to have a LTC. I always wondered how he was allowed to do that. There's my answer.



Posted by: mpd61

Quote:
Originally Posted by resqjyw0 View Post
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
scroteau@telegram.com

WORCESTER—
“I think it is common knowledge the Boston Gun Range has very loose practices and allows unlicensed individuals on to the gun range and in some cases violent offenders,” the chief said.

Back in high school there was this kid that used to brag that he went up there to shoot .50 cal. Desert Eagles and .45 HK USPs. Obviously he was too young to have a LTC. I always wondered how he was allowed to do that. There's my answer.
1. "violent offenders" ? sounds like another opportunity to suck up to the media

2. At the time you were in high school, it was o.k. for unlicensed and supervised individuals to try out the sport there.



Posted by: Delta784

Quote:
Originally Posted by resqjyw0 View Post
Back in high school there was this kid that used to brag that he went up there to shoot .50 cal. Desert Eagles and .45 HK USPs. Obviously he was too young to have a LTC. I always wondered how he was allowed to do that. There's my answer.
I was shooting .45's, 12-gauge shotguns, .30-06 rifles, and everything in-between when I was too young to have either a LTC (18 back then) or an FID card (15 back then). My father, who did have the appropriate permits, was teaching me respect for firearms and basic marksmanship.

Is that no longer allowed in Chief Gemme's Republic?



Posted by: resqjyw0

Quote:
Originally Posted by Delta784 View Post
I was shooting .45's, 12-gauge shotguns, .30-06 rifles, and everything in-between when I was too young to have either a LTC (18 back then) or an FID card (15 back then). My father, who did have the appropriate permits, was teaching me respect for firearms and basic marksmanship.
Same here. I was being taught about guns starting at age 5. I was shooting my father's bag limit when we went hunting at ages 12-14. The law permits it if I completed a hunter safety course and under his direct supervision.

Minimum age for an FID is still 15 (with written permission from parent/guardian).



Posted by: justanotherparatrooper

I grew up in Nevada, I regularly carried my .22 pistol ( a Ruger single six) at age 8 unsupervised. We had lots of rattle snakes, coyotes and other assorted pest around. We kept loaded shotguns at every door. we were taught young to respect firearms and I diont remember any school shootings. Later when I was older I used to deer hunt before class and kept a 30-06 in my truck....just wasnt a big deal.



Posted by: Wolfman

Quote:
Originally Posted by justanotherparatrooper View Post
I grew up in Nevada, I regularly carried my .22 pistol ( a Ruger single six) at age 8 unsupervised. We had lots of rattle snakes, coyotes and other assorted pest around.
Unfortunately in Mass, we have a bunch of whining crying liberal wusses around and although they're just as dangerous as snakes and coyotes you just can't go around shooting them.



Posted by: screamineagle

I grew up in rural central Mass ( still live there), we used to hunt before and after school and leave our shotguns in the gun racks of our pickups. I remember walking from my house thru the center of town with a 12 gauge under my arm to get to one of my hunting spots. no one ever bothered me. Hell the police chief used to stop and chat with us, asking if we got anything. Luckily, the cief where I live now is a great guy, I can still target shoot off my deck, all he asks is that I give him a heads up when I am going to shoot.



Posted by: kwflatbed

Friday, April 25, 2008

Gun range endures legal wrangling

License Commission puts decision on hold

By Thomas Caywood TELEGRAM & GAZETTE STAFF




WORCESTER— A city gun range that Police Chief Gary J. Gemme wants to shut down for allegedly allowing some patrons to target shoot without a firearm license will remain open for now, after the city License Commission put off any decision on the chief’s request for at least two weeks.

A lawyer for the Boston Gun Range challenged the basis of the proposed license suspension at a hearing yesterday, arguing that under state law, a person may handle and shoot a firearm at a gun range if he or she is with someone who has a valid Firearm Identification Card.

The lawyer, James P. Ehrhard of Worcester, also argued that the undercover police officers who rented guns, and bought and fired ammunition at the Route 20 range while posing as civilians without FID cards in a sting operation late last month, are licensed to carry firearms by virtue of being sworn police officers.

We may not have seen the licenses, but the ordinance doesn’t say we have to,” Mr. Ehrhard said. He later added, “There’s been no violation. Four licensed police officers fired guns.”

After a back-and-forth legal debate between Mr. Ehrhard and Capt. John J. Ryder, head of the Police Department’s Licensing Division, over city and state laws governing firearms, the License Commission voted to put off its decision on the suspension request until at least its next meeting, May 8.

“This is a very complex issue. There’s been a lot thrown at us. I need to absorb this a little bit more,” said Chairman Kevin O’Sullivan.

Commissioners Peter Lukes and Karon Shea agreed.

“It’s confusing to me,” said Ms. Shea of the flurry of legal arguments and counterarguments advanced by Mr. Ehrhard and the three police officers who testified at the hearing. “I’m really at a loss as to the right direction.”

Chief Gemme has asked the License Commission to suspend Boston Gun Range’s city license to operate what city law classifies as a “shooting gallery.”

Mr. Ehrhard told the commissioners that while he didn’t want to see that happen, such an action would not shut down Boston Gun Range. He argued that the business could continue to operate as a gun range under state laws.

The business holds other licenses — to rent firearms, sell ammunition and to operate as a gunsmith — issued directly by the Police Department, not the License Commission.

Those licenses have been suspended by the chief, but the suspensions aren’t being enforced while Boston Gun Range challenges them in Worcester Superior Court.

Those suspensions stemmed from an investigation into a suicide in October 2006 at the 317 Southwest Cutoff range.

In another incident in February, a handgun fired by a customer at the range malfunctioned and exploded in his hand, inflicting a minor injury. Police investigated the accident and found that of the four men who were shooting in the injured man’s group, only two had firearms licenses.

Police said that’s a violation of a city ordinance. The range maintains it’s allowed under state law.

Mr. Ehrhard, sitting beside range owner Mark Tashjian, said during yesterday’s hearing that Chief Gemme has seemed bent on closing the range ever since the suicide.

“I understand the chief doesn’t like the Boston Gun Range, but he’s not the Legislature. He’s not the City Council. He’s not even the License Commission,” Mr. Ehrhard said in one of several comments seeming to question the chief’s motivation in seeking the license suspension.

Chief Gemme, who was away at a police conference in Florida, said in a telephone interview yesterday afternoon that the notion he is out to get Boston Gun Range is a “worn-out legal tactic.”

“I don’t have any personal issues with them. My issue is public safety,” he said. “When you look at known gang members and violent offenders using that range to develop expertise, and when you look at injuries to a suicide, not their first suicide, it’s my obligation to make sure we investigate that.”

Mr. O’Sullivan, the commission chairman, said during the hearing that he hadn’t spoken to Chief Gemme about the Boston Gun Range, but the police allegations represent a licensing matter worthy of the commission’s attention.

“It’s a serious issue,” he said.


http://www.telegram.com/article/2008...804250617/1101



Posted by: BB-59

The sad part of all this is that firearm use in this state is frowned upon, no matter the intent or purpose.

In the next ten (10) years we will be like D.C. and San Fran, regulated from gun ownership and use.

Any time I hear a politician use the quote, "in the name of Public Safety", I know our rights have been eroded that much more. When that is used no public vote is required or any real system of balance and checks to the overall citizen is extended.

And almost what happend in San Fran., police will not be exempt. Off duty leave your gun at the station. Retired, you depend on society to protect you like everybody else.



Posted by: mpd61

“I understand the chief doesn’t like the Boston Gun Range, but he’s not the Legislature. He’s not the City Council. He’s not even the License Commission,” Mr. Ehrhard said in one of several comments seeming to question the chief’s motivation in seeking the license suspension.

Chief Gemme, who was away at a police conference in Florida, said in a telephone interview yesterday afternoon that the notion he is out to get Boston Gun Range is a “worn-out legal tactic.”

Yeah right-o chief!




Posted by: Deuce

Quote:
Originally Posted by mpd61 View Post
Chief Gemme, who was away at a police conference in Florida



That's nice, my training gets cut to one day a month for 6 months cuz there ain't no money but der furher can go to Miami to network with other no loads... I'm sure the federal judge would understand should I get sued....


Just making it easier for me to move to warmer pastures..



Posted by: mpd61

Quote:
Originally Posted by Deuce View Post
That's nice, my training gets cut to one day a month for 6 months cuz there ain't no money but der furher can go to Miami to network with other no loads... ..
LMFAO!!!!!!!!!!!!!!!!!!!!!!!!
=D>



Posted by: Killjoy

Quote:
That's nice, my training gets cut to one day a month for 6 months cuz there ain't no money but der furher can go to Miami to network with other no loads... I'm sure the federal judge would understand should I get sued....
Funny how that works, huh?

Two words for Chief Gemme...Deliberate Indifference.
City of Canton v Harris



Posted by: kwflatbed

Gun range seeks injunction

Police Chief Gemme suspended business’s three licenses

By Scott J. Croteau TELEGRAM & GAZETTE STAFF
scroteau@telegram.com




WORCESTER— The lawyer for the Boston Gun Range has asked a judge to prohibit the police chief from suspending the business’s three licenses that he has control over.

Police Chief Gary J. Gemme suspended the Boston Gun Range’s licenses to rent firearms, sell ammunition and operate as a gunsmith May 13. The range closed its doors after receiving the letter and has been shut down for 10 days.

The lawyer for the range and owner Mark Tashjian filed court action yesterday asking Worcester Superior Court Judge Bruce R. Henry to issue a preliminary injunction “to overturn and nullify a decision” of the chief and enjoin the city and the chief from enforcing the suspension of the three licenses.

The judge is reviewing the case and is expected to make a decision soon.

The Boston Gun Range’s license to operate was not renewed by the License Commission May 8 in a 2-1 vote. The license was for what city law classifies as a “shooting gallery.”

Lawyer James P. Ehrhard of Worcester, who represents the range’s owner, argued in court yesterday that the term “shooting gallery” does not apply to his client’s business and under state law the range can stay open without the license to operate. The suspension of the three licenses issued by the chief did, however, stop the business from operating.

Assistant City Solicitor John F. O’Day Jr. told the judge that under city ordinances the range needs the license to operate to stay open.

In the May 13 letter to Mr. Tashjian, the police chief said the three licenses he issues were suspended because the range failed to comply with an agreement made in open court more than a year ago.

Chief Gemme suspended the three licenses more than a year ago after an investigation involving a woman who committed suicide at the range. She was allegedly unsupervised. The suspension of the licenses was put on hold after an agreement was made in court in which the range agreed to check patrons and make sure they held firearms licenses — either a firearms identification card or license to carry — before being allowed to enter the live firing area or target shoot.

City officials cited a February incident at the Route 20 range and an investigation after the reported incident as reasons the range violated the agreement in court.

Police said a handgun malfunctioned and exploded in a patron’s hand in February, and at the time two of the four men shooting at the range did not have any firearms licenses.

A police investigation then allegedly showed that officers were allowed to shoot without showing a firearms license. Police said those were violations of a city ordinance, as well as a violation of the agreement made in court.

Mr. Ehrhard argued yesterday that, under state law, a person may handle and shoot a firearm at a gun range if he or she is with someone who has a valid firearms identification card or license to carry. He said the range’s owner has a firearms license and said in his opinion there was no agreement made in open court. Mr. O’Day said there were letters sent to Mr. Tashjian showing there was an agreement.

He further argued that the chief cannot pull the three licenses for capricious and arbitrary reasons. The lawyer wanted the injunction so another court hearing on the matter could be heard. The injunction would let the business stay open until then.

Mr. Ehrhard further said that none of the actions at the range have led to criminal charges, but Mr. O’Day was quick to point out that convicted felons have fired weapons at the range.


http://www.telegram.com/article/2008...805200632/1101





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