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Change of address mailing question
This is a discussion on Change of address mailing question within the Massachusetts Laws forums, part of the Gun Laws category; When you move within MA you are supposed to send your notification to three places (CHSB, losing town police, gaining ...
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08-17-2011, 08:10 PM #1Registered User
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Change of address mailing question
When you move within MA you are supposed to send your notification to three places (CHSB, losing town police, gaining town police).
It also states you are supposed to send it certified mail.
What are the repercussions if one were to send the three letters via normal post by accident? Simply that they wouldn't be 100% sure that the letters were received (which I suppose they could call and confirm)? Or something more severe (non-recognition of the letter)?
Thanks.
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08-17-2011, 08:13 PM #2
One risk is that you will not have a copy of the return receipt cards in your file in case the licensing officer at renewal time does not have your current address on file for your LTC and accuses you of not filing a change of address in a timelymanner as required by MGL. Keep those cards at least through completion of your next LTC renewal just in case.
Check out the USPSA Northeast Section at www.uspsa-ne.org, and the USPSA nationals site at www.uspsa.org
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08-17-2011, 08:15 PM #3
The law states that notification has to be made by Certified Mail. Regardless of whether the police/CHSB receive and process the notification without any issues, you would still technically be out of compliance with the law. I'm not aware of anyone being prosecuted on that basis alone, but do you want to be a test case over $15 in postage?
From MGL Chapter 140, Section 131, Paragraph l:
The executive director of the criminal history systems board shall send by first class mail to the holder of each such license to carry firearms, a notice of the expiration of such license not less than 90 days prior to such expiration and shall enclose therein a form for the renewal of such license. The taking of fingerprints shall not be required in issuing the renewal of a license if the renewal applicant's fingerprints are on file with the department of the state police. Any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves and the executive director of the criminal history systems board of any change of address. Such notification shall be made by certified mail within 30 days of its occurrence. Failure to so notify shall be cause for revocation or suspension of said license."When the people find that they can vote themselves money, that will herald the end of the republic."
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08-17-2011, 08:20 PM #4
The law states "Certified Mail," but it doesn't specifically state that you have to elect to receive the return receipt (which adds substantially to the cost). If you keep your Certified Mail receipt with the tracking number, the USPS can do a lookup for you after the fact if it becomes necessary, but at additional cost. I don't know how long they keep their records, though...I might not count on it being long enough to make it to my renewal.
Is there any case law/does anyone have any practical experience which indicates that the Return Receipt card is required (beyond it being the smart thing to do)?"When the people find that they can vote themselves money, that will herald the end of the republic."
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08-17-2011, 08:26 PM #5Registered User
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The question was not intended to consider a person ELECTING to not use the certified mail, but rather someone who copied their LTC and the form, and mailed out three copies, and then realized that they did not follow that step.
And if so, if a phone call(s) could rectify the issue.
I see your point about the return receipt as proof in the case of getting grief at renewal time, and am wondering if going both from and to a green town if that is a likely issue to run into.
Lastly, will a new LTC with correct new address be issued to the filer of these three letters? Or will the LTC holder have an incorrect address on their LTC until renewal time (which could be several years since it's a 5 year rotation)?
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08-17-2011, 10:30 PM #6
You still don't get it.
MGL REQUIRES CERTIFIED MAIL. It is NOT optional . . . first class mail, phone calls, handing it to the chief, etc. don't cut it and it does not matter if you did it to save $15 or it was an "aw shit" moment and you forgot how you had to do it.
Therefore NOTHING else that you do will put you in COMPLIANCE with the law. Period.
Another thing. MGL does not say that you notify the town you moved from . . . it says you notify the town that ISSUED your LTC (it could have been a prior town).Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
http://home.comcast.net/~safety-instructor
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We have met the enemy and he is US!
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08-18-2011, 09:24 AM #7Registered User
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Apparently YOU still don't get it. I know very well what the law says, it's printed on the form. I didn't ask you to recite the form to me.
Also, the MGL states what you should do because there is a reason behind it. The reason they want you to comply with that MGL is to notify the three agencies. Sending three non-certified letters still does that, with some ambiguity.
So, internet tough guy, you would say someone should submit the form again with three certified letters within the 30 days? Which may cause further confusion or errors to occur at the CHSB, etc? They can't even get your LTC information right the first time, let alone with a double change of address. Hell, mine was printed poorly and doesn't even say state of massachusetts across the top and some information is cut off on the top of the back. I was told they would not issue a new one.
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08-18-2011, 09:35 AM #8
If you don't want to follow advice, do not ask for it! Instead you prefer to insult those of us that are trying to help you understand what we MUST do.
Personally I don't give a damn what you do or don't do, it's not my problem.
Failure to comply with the law on notification is grounds for revocation/denial on your renewal. You did not comply with the law. I don't agree with the law either, but that is irrelevant . . . if a chief/LO decides he doesn't like you, he can use that to pull/deny your LTC. Is it worth $15 to you to prevent that from happening? That is the question you have to ask yourself.
Bye, I'm done with you!Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
http://home.comcast.net/~safety-instructor
NRA Certified Instructor and Range Officer
We have met the enemy and he is US!
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08-18-2011, 09:52 AM #9
I think you're making assumptions which are not supported by the evidence (i.e., the text of the MGL). We can speculate all day about why they want us to use Certified Mail. Maybe they agree that it's the "right way" to notify as it leaves a paper trail, maybe the guy who wrote the law is related to the Postmaster General and was asked for a favor, who knows. To be honest, it's not really important.
You've asked several times, and you've gotten the same answer several times: If you notify without using Certified Mail, you are not in compliance with the law. This means standard mail, media mail, FedEx overnight with a return receipt, courier, or hand carrying to the chiefs while getting them to sign a document stating "ceo012384 hand delivered notification to me on X date, which is within the 30 day notification period" are not in compliance with the law as-written, and a phone call (to who?) is not going to change that.
Does the spirit of the law appear to be that they want you to have some kind of proof that you actually made notification in a timely manner? Yes, it appears to me that that is the case. But they didn't write that, they wrote "Certified Mail."
If it was me, and I had accidentally sent notification without using Certified Mail, then yes, I would resend within the 30 day notification period. I don't think that would be very confusing, but if you were worried then you could probably write something in the letter about how the previous notification was sent in error, and that this one should be considered official for the purposes of MGL 140 Section 131, etc. But now you're getting to the point where talking to a lawyer might be a good idea.Last edited by pjorg; 08-18-2011 at 09:54 AM. Reason: Minor typo
"When the people find that they can vote themselves money, that will herald the end of the republic."
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08-18-2011, 10:02 AM #10Registered User
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I did not ask advice on "should you send it certified mail"... obviously you should because it says that on the form. The question was regarding already sending the forms in and then how to remedy that issue. Instead you repeated the MGL several times, which was not helpful.
I haven't posted on this site in a while but whenever I come back and look at some of the attitude here, I am reminded why I do not.
Actually I did not ask this question, I knew before posting the thread that you are supposed to send via certified mail. It was quite obvious that I knew this, since I acknowledged it in the original post.
This is really what I was asking folks' opinions on... thank you for your input.


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