A couple of YouTube videos went past my feed today. They were talking about the case of Morin v. Lyver, 4:18-cv-40121, (D. Mass. Mar 03, 2023).

After Bruen, some cases were GVR by the Supreme Court, these include Duncan and Bianchi. We saw the Ninth Circuit kick the case back down to the district level. It is now back at the Ninth Circuit, waiting for oral arguments.

We saw Bianchi get oral arguments shortly after it was GVRed. Then, just weeks before the merit’s panel was due to issue their opinion, the Fourth circuit decided to take the case en banc on their own.

Just nasty games in the inferior courts.

Morin v. Lyver is another one. In this case, the game was very different and the results much quicker. Without giving the 2A community a win.

Mr. Morin had jumped through all the hoops in MA to get his LTC back in the 90s. He held that license until 2018, when he went to renew, where he was denied.

It seems that Mr. Morin did a stupid. He traveled with his firearm without knowing all the restrictions. He was in DC, visiting one of the museums, when he noticed that there was a “no guns” sign. Being a law-abiding citizen, he went to the nearest security guard, informed the guard that he was carrying, and asked where the storage was for firearms.

The guard was very helpful in getting Mr. Morin’s firearm to safe storage. He called the police, who arrived and arrested Mr. Morin.

DC does not recognize MA LTCs, and a CCW doesn’t allow you to carry in many places.

Mr. Morin got off with a slap on the wrist of a misdemeanor charge.

When he applied for his renewal, the local authority, in charge of hearing the subject’s pleadings for their rights back, denied the renewals because Mr. Morin had “misdemeanor weapons charges.”

The district court heard the challenge, using intermediate scrutiny, decided the state had ample reason to disarm its subjects whenever it wanted.

The case was appealed to the First Circuit, which agreed with the district court. The state has a reason, that was good enough for them.

The Supreme Court held the case over until Bruen issued, then they GVRed this case.

In March 2023, the parties agreed on a settlement.

Mr. Marin would get his LTC back.

Under the specific facts of this case and applicable law, including but not limited to New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the limitations contained in G.L. c. 140, § 131A to the extent it incorporates G.L. c. 140, § 131(d)(ii)(D), cannot properly be applied to Plaintiff, and Defendants should accordingly issue Plaintiff a permit to purchase pursuant to G.L. c. 140, § 131A

But that is all that happened. It looks like Massachusetts was afraid of what might happen in court. If the district court had followed Bruen faithfully, this would have been another nail in the coffin of gun permitting.

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By awa

Only one rule: Don't be a dick.

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