Jay E. Simkin appeared for a doctor’s appointment carrying two loaded handguns and 4 knives. He gave the doctor’s office a false name to protect his privacy. He did not prove his telephone number and paid the bill in cash. The Massachusetts Firearms Records Bureau revoked his Class A non-resident Massachusetts License to Carry Firearms on the grounds that he was not a “suitable person” to hold such a license based on his reporting to a medical appointment with the 2 loaded firearms and 4 knives. The Firearms Records Bureau also notified the Nashua, New Hampshire Police Department as that is where Simkin lived. The FRB notified the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, because Simkin held a Federal Firearms License (FFL).
Simkin appealed the revocation of his LTC and the Massachusetts Supreme Judicial Court ruled in his favor. In reversing the firearms license revocation, the SJC noted that the Firearms Records Bureau had not promulgated regulations regarding suitability to hold a LTC and that Simkin’s actions in this case did not render him an “unsuitable person” to hold a non-resident Class A License to Carry Firearms.
Commonwealth Second Amendment, Inc. filed an amicus brief in this case.