In 2022 Barbara Guinane applied for a gun license at her town’s police department.
The police chief–who’s the town’s licensing authority–denied Guinane’s application.
His decision was based on allegations made against Guinane’s husband.
At the time Guinane submitted her license application, her was charged with vandalizing property and threatening to commit a crime.
Citing the husband’s “volatile behavior”, the chief denied Guinane’s application.
The chief’s decision was upheld in both district and superior court.
Today the Appeals Court issued a slip opinion reversing the license denial.
According to the opinion,
the chief pointed to no behavior by Guinane suggesting that her licensure might create a safety risk. There is no evidence that she engaged in violent or aggressive behavior, or that she assisted or contributed to her husband’s past violent and aggressive behavior, or that she engaged in behavior suggesting that she might be negligent in securing her firearms as required by law. Nor was there reliable evidence that she intended to or might be forced to make firearms available to her husband or any other prohibited or unsuitable person.
The full text of the slip opinion is attached below.