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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. The police may not be ‘arbitrary, capricious or abuse their discretion’ in denying a gun license, the petitioner would need to show that he/she believed they were being so, you need to……
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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I just wanted to comment on the idea of getting your LTC back after it has been revoked.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
2/23/2016
Hello, I have been denied based on suitability in Watertown Ma. I am not a convicted felon or have any misdemeanors on my record. I was arrested 2004 and the case was dismissed, Continuance without a finding(Hence The reason for Denial).
My question is do you know the specific names of the forms I need to file for my Judicial Review at the clerks office?
I was at the courthouse today and the clerk had no idea which paperwork they are. I will also contact Comm2a for additional help. Lawyers are giving me outrageous prices to represent my case.
Thank you in advance.
Hi Garo, As far as a specific ‘form’, I can not find anything specific. But a Judicial Review is also referred to as a ‘complaint‘, so file a complaint as the plaintiff against chief that you want a judge to review and make a decision on. Do not leave the courthouse without insuring that the clerk has filed and docketed your case—and ask the clerk to stamp your copy of the complaint with the date and the docket number. Although in some District Courts, the clerk will insist that the matter go before a Judge, if the affidavit is regular and complete on its face this should not be necessary. You would include a copy of the denial with your complaint for the judge to review. I hope this is helpful. Mark
Hi I have recently been denied a LTC in a small town. I have no felonies but I did have a restraining order almost 20 year ago that was dismissed. I was in the Marine Corps with an honorable discharge, and had a LTC after the restraining order. My LTC was suspended due to a case that was dismissed but I did not know of this until I applied, I did disclose the case against me that was dismissed in my current application.I did not own a gun before due to moving soon after my LTC was issued.
I know I am being discriminated against because I had issues with the building Department in the town and I called them out on it. These issues went all the way to the town clerk and counsel.
My question is this if choose not to fight the denial can I apply in another town where I own my building and business?
If I do choose to fight this do I need a lawyer. I have already contacted my state representative about this issue and they are on my side with this (surprising)
thanks
Hi Bill, you mention owning a business in another town, the answer is yes you can apply for a license in another town if you own a business there. That is a good way to get around the petty BS that you are running into in your town. But be very aware that on an application you must be completely up front. Please read #39 Gun Sense, and to be on the safe side please read # 19, # 33, and #22 as well. Thanks.
Hello,
I was denied a UTAH license to carry for a NICS entry by Massachusetts less than a year ago..I did mass Cori and came back fine..Spoke to the person who did the investigation and was told “I would have given you the license if the NICS entry was never made.I have a 2 dui’s 3 possessions of weed and misdemeanor A&B…all more than 15-20 years ago. Never applied for Mass LTC.. any thoughts on this would be helpful
Denied for Suitability? Go for your Utah license…I got denied via from Utah cause someone in this shithole state put my name in NICS database back in June 2016..WTF Maura Healy you %^^&&&%
I think the Florida license is better than the Utah license because the Utah license is not honored in Florida unless you are a Utah resident, so it is no good for New Englanders who like to go to Florida, and the Florida license is good in as many states as Utah, including Utah…..go figure.
Great Comment Mark! I’m in Florida every year visiting family Thank you..I’m looking for lawyer advice..When I was growing up I had many stupid misdemeanor charges against me..2 dui’s..Havn’t been in trouble if over 20+ years..ran my own criminal check…nothing was there..clean..I applied for my Utah License and was denied for entry into the NICS database on June 30, 2016..I spoke with the woman who didmy check and she said “dude I couldn’t find anything on you until this popped up, The state of Massachusetts did this to you”..any comments or ideas is helpful..I’m 43
Wow Great Thank You..Do you offer public shooting..I’ve been a NRA member for about 10 years and shoot in Sturbridge at Hamilton R&G club..been a member for a bout 7 years.. A few people I know want to get in to shooting
Hi Dom, I do offer a private familiarization class for the gun that someone buys and wants to feel comfortable with.
Hey Mark, I had my ltc revoked due to unsuitability. First I was never notified that they even approved it, so it was sitting at the station for a whole summer before they revoked it…and I haveno record exept two cases that were dismissed before I had applied. This was six years ago… I haven’t had any issues since. How would I go about proving my suitability now that I’m reapplying?
Hi Matt, Please read #39 Gun Sense fully, that should point you in the right direction. If you need to talk to me even after you read it just let me know, but read it first, thanks.
NEVER put any other reason than Any Lawful Purpose or Personal Protection,,,,,I stress that in Gun Sense #39, any thing else is a huge RESTRICTION! Now you see the game they are playing? Go back and re-read #39 slowly, to counter that game….