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In a rare but welcome dose of common sense out of Massachusetts, a state Appeals Court has ruled that a woman cannot be denied a license to carry simply because of issues involving her husband.
The unanimous decision came in Guinane v. Chief of Police of Manchester-by-the-Sea, where the court ordered local authorities to grant Barbara Guinane her License to Carry (LTC). This, despite the fact that her husband previously had his own license suspended.
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) said the ruling was: the right call.
At the center of the case was a troubling but increasingly common theory pushed by licensing authorities in restrictive states. Namely, that guilt (or “risk”) can be transferred by association. In this case, police denied Guinane’s LTC application based not on her actions, behavior, or background. But on past incidents involving her spouse.
That argument didn’t survive appellate review.
During court testimony, the police chief conceded there was no behavior by Guinane herself suggesting she posed any danger to public safety. That admission mattered. A lot.
Writing for the three-judge panel, Justice Peter Sacks made it clear that Massachusetts law requires individualized evidence. Not speculation, not proximity, and not guilt-by-marriage.
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“Although the chief was understandably concerned about public safety,” Sacks wrote, “there was no reliable information about behavior by the applicant suggesting that, if issued a license, she would create a risk to public safety or a risk of danger to herself or others.”
That distinction proved decisive.
The court emphasized that licensing decisions must be based on concrete evidence tied to the applicant. Not hypothetical concerns or unrelated conduct by someone else. In short: the law doesn’t allow rights to be denied based on vibes.
Sacks, joined by Justices Gregory Massing and Jennifer Allen, went even further, stating that denial of an LTC cannot rest on “speculation,” no matter how well-intentioned the concerns may be. Without actual evidence showing unsuitability, the denial simply didn’t meet the legal standard.
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CCRKBA Chairman Alan Gottlieb said the ruling reinforces a basic principle that too often gets lost in gun control debates.
“One person may not be penalized because of the behavior of another person, even a spouse,” Gottlieb said. “You can’t deny one person’s rights based on another person’s past behavior.”
For Massachusetts gun owners, who are already navigating one of the most restrictive licensing regimes in the country, the decision could have broader implications. While narrow in scope, it draws a clear line: licensing authorities must evaluate the applicant, not the household.
It may be a small win on paper. But for lawful gun owners facing arbitrary denials, it’s a reminder that courts can still recognize the difference between public safety and overreach, even in Massachusetts.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
Experience:
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– Concealed Carry Permit Holder (NYS & AZ) – Trained and licensed to carry in multiple states.
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