Author: In Massachusetts if you go through the ‘hoops that many towns in the state force you to jump through in order to exercise your right to self defense, and are not successful in gaining your LTC or FID, the police must, (by law) within 40 days send to you a written notification stating the reason(s) that you are being denied. If you do not agree with the reason(s) stated than you have at your disposal a remedy in which to challenge the police decision.
This remedy is called a Petition for Judicial Review. You would need to go to your areas District Court, to the ‘clerks’ office at the courthouse to file a petition for judicial review based on the letter that the police sent to deny you your permit. The law states that you would need to show that the refusal was {arbitrary, capricious, or an abuse of discretion} that wording is straight from the law. You would want to state that there is nothing in your police record that would raise to the level of denying you your Constitutional, or God given right to self defense. You would want to attach a copy of your record, you may obtain that from the Criminal History Systems Board in Chelsea Ma., www.mass.gov/chsb (617-660-4780, or-4600) ’for a nominal fee of course’, to use as evidence to strengthen your argument, also attach the letter from the police that denied you.
Once you file your petition you will be given a date and time to go before a judge, the police will send a representative. The judge is supposed to make a ruling based on FACTS, if the police are short on facts and long on hearsay, you should win. If you are not denied a gun permit but instead are given a restriction such as “for target and hunting only” or “for employment reasons only” or maybe a “class B license” then technically, if you accept it, you have no grounds for a Judicial Review because you have not been denied a permit. Please read #19, ‘Reason’ Letter for class ‘A’ LTC, before you even go to submit an application for a permit, this may help you. In those cases it would be wise to contact your selectmen or your state Representative and lodge a complaint, have them work for you, that is their job, but you need to let them know.
Now, apart from the ‘afore mentioned, if you had a gun permit in the past and would like to have it reinstated after losing it due to a past misdemeanor conviction, a new law in 2004 created a seven member review board with the authority to look at your case,see # 20 Been Denied your Gun Permit, the burden is on you to show why you should get your permit back, the review board can recommend reinstatement of the permit based on the circumstances that surround your case, of course each individual case is different. Many gun owners with certain criminal records may now get the licenses that they were denied prior to the new 2004 laws. The best way to keep your rights is to know your rights.
Mark Shean, www.mafirearmsafety.com written 10-18-2009.
Note: A word from a Founding Father; {“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the Tyrants will, and always so when it violates the rights of the individual” } THOMAS JEFFERSON-
Your comments/insights are welcomed.
Posted in Gun Sense
I just wanted to comment on the idea of getting your LTC back after it has been revoked. I have 2 friends that both lost their LTC due to an ex making a false claim or a bogus restraining order that caused them to lose their right to carry. The positive side of this story is that both of them after a long fight have been reissued their LTC. If your reasons for carrying are lawful purposes and you are willing to fight for your rights you will win. Do your research and know your rights. These postings by Mark are a very good way to learn things that most people are unaware of but also keep in mind if there is a question you need to ask- you should ask. As much as these postings are very informative Mark cant read your mind and dont just wait for your answer to show up- search for it, ask here or look it up. I guess my biggest point is to know the laws and your rights before getting discouraged. Your given right to carry is a right that can be denied if you dont know how to fight it. Dont let the government take away your rights!!! Nelly
I was recently denied my MA Class A LTC by local police for a police report, “Complaint” made by phone, filed 13 years ago, which I did not even know existed. This is the only issue on my otherwise unblemished record. The report was made by someone not qualified to even make the call, and nothing was ever done about it, as I was cleared by someone in [her] office that very day.
I thought since no action was ever taken, after said report, that it had been removed. I was told to appeal; however, I was also told by the officer that they [the police dept.] have NEVER had a case overturned upon judicial review. They will not give me the content of report, and refuse to answer any emails I have sent regarding the information contained therein. I am reluctant to file the appeal based on the statement of the officer as I do not want to waste more $$ fighting for something that according to [him] is not going to change the decision of the chief, who has never met me, either.
When I took the Safety Course it included live shooting of many different pistols, and I did so well that the instructor told me I was a “natural” and should join a group of women who compete. Up until that time I had never fired a pistol, and was excited that at my age (over 60) I was told that I had “found a new sport” that would be a fun time with women my age, who would be happy to have me on their “team”.
Any advice or help you can offer would be greatly appreiated. Thanks.
Hi Madre, The Dr. ‘complaint’ concerned what specifically? As I read your outline I see holes in the police assumption that you cannot get a gun permit, everyone is entitled to meet their accuser, in this case at least read the ‘complaint’.
Under Ma. law, if you put in for an FID card (rifles & shotguns) there are only 3 main criteria in which you can be denied, 1. Felon within the last 5 years, 2. record of substance abuse within the last 5 years, 3. Involuntarily incarcerated in a mental institution within the last 5 years, that’s it, if you do not meet any of these restrictions they have no choice but to give you the FID card, by law. But, for a LTC (handguns & long guns) they have a little ‘wiggle’ room.
The law states that you would need to show that the refusal was {arbitrary, capricious, or an abuse of discretion} that wording is straight from the law. You would want to state that there is nothing in your police record that would raise to the level of denying you your Constitutional, or God given right to self defense. You would want to attach a copy of your record that you can get from the Criminal History Systems Board in Chelsea, the Cory Unit.
Can you get a license? On the surface, from what you have told me, it appears to me that you can. Do you need a lawyer? I don’t think so in this case, file an application for an FID or LTC, if they threaten to deny you tell them to put it into writing, as the law stipulates the police must do within 40 days. Then you follow my GUN SENSE advice at # 13, also read # 20. A judge can over rule the police chief, and has many times in this state.
As of 2004 certain laws relaxed in attaining a gun permit, it sounds as if the police in Scituate have not been brought up to ‘speed’ yet on these changes, I think it is time. A judge rules on facts only, not on the hearsay of one doctor with a hair across his a**. That is capricious.
You said your son is a firearm instructor? If he does what I do giving the class to people for an FID & LTC than he really needs to read MGL 140 until he knows it by heart, I take what I do very seriously for my students, and I help them whenever they ask, even if they never were my students, that is how seriously I take this, for the last eleven years and counting. Please let him read through my GUN SENSE if he would like, for any info he may want to pass onto his students, these are things that experiance has taught me.
Madre, These are the #s if you want to have a copy of your ‘criminal’ history, or lack of in this case, and why you would win the Jud. Review, If all you have told me is complete and true. I can only go by what you say. CHSB 617-660-4600 or 4606, CORI UNIT 617-660-4640, And last but not least the State House # 617-722-2000, why? To kick your Rep in the butt to curb abuse of power by your police chief called ‘Arbitrary Discretion” which does a huge dis-service to all of us.
Sincerely,
Mark Shean, MA.FID/LTC/UTAH