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Bouchard v. Department of Pub. Safety

Supreme Judicial Court of Maine

May 5, 2015

JASON E. BOUCHARD
v.
DEPARTMENT OF PUBLIC SAFETY

Argued April 9, 2015.

Page 93

Judgment affirmed.

On the briefs:

Steven T. Blackwell, Esq., Lanham Blackwell & Baber, P.A., Bangor, for appellant Jason Bouchard.

Janet T. Mills, Attorney General, and Laura Yustak Smith, Asst. Atty. Gen., for appellee State of Maine.

At oral argument:

Steven T. Blackwell, Esq., for appellant Jason Bouchard.

Laura Yustak Smith, Asst. Atty. Gen., for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 94

ALEXANDER, J.

[ΒΆ1] Jason E. Bouchard appeals from a judgment of the Superior Court (Kennebec County, Mullen, J. ) affirming the Department of Public Safety's decision to deny his application for a permit to carry a non-concealed firearm by a prohibited person, also known as a " black powder permit," pursuant to 15 M.R.S. § 393 (2014).[1] Bouchard argues that the statute's procedure for consideration of black powder permit applications violates the separation of powers provision of article III of the Maine Constitution. Specifically, Bouchard contends that the statute (1) improperly delegates authority to certain persons to object to issuance of the permit without sufficient guidelines or restrictions, and (2) while authorizing an appeal, leaves no avenue for meaningful judicial review of the ...


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