This was in The Outdoor Message some time back. It obviously needs to be run again:
TIPS ON SUBMITTING FIREARMS LICENSE APPLICATIONS
Applying for, or even renewing, a firearms license, whether for an Firearms Identification (FID) card or a License To Carry Firearms (LTC), is not a process to take lightly. Even long-term licensees are being denied renewal for various reasons, or no real reason at all. Anyone preparing and submitting an application should take every step to ensure that the application is the actual authorized form, and that it is done completely and accurately.
The form: “The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board, which form shall require the applicant to affirmatively state under the pains and penalties of perjury that such applicant is not disqualified on any of the grounds enumerated above from being issued such license.” M.G.L. c. 140, § 131 (g). There is only one valid application form: F 25/26, revised 01/04/02. This form is used for everything from an FID/Mace to a machine gun license, depending upon which box is checked off. This form can be found on, and downloaded from, the Firearms Records Bureau website,
http://www.state.ma.us /chsb/frb/FirearmsID.pdf.
Applicants should still get whatever forms their town or city uses, usually called “the packet.” Simply go to the dispatcher, tell him or her you need everything to apply for a firearms license, and take that material home to review. This is needed for two reasons: 1. To determine if the licensing authority has utilized the valid application form, and 2. To determine and document what, if any, alterations and/or amendments have been done to the authentic application form. This is useful if an appeal is required.
For a time, the state form was widely altered, usually by police department letterhead being pasted over the real form and photocopies distributed to applicants. This seems to have ended; however, I found one town in Norfolk County which scanned the real form, altered it to remove the word “Optional” after “S.S. Number,” and distributed this forgery as the authentic document. I assume it still does so. This town also delayed taking prints and demanded documentation of residency, though that is not required. M.G.L. c. 140, § 131 (d).
The more common practice is to amend the authentic application form with a series of other documents, commonly including a so-called “Acknowledgment on the Limitations of the Use of Deadly Force,” often a requirement for “Letters of Recommendation,” sometimes on business letterhead, a letter from the applicant’s physician, and even an “authorization” from the applicant to permit the check of his /her records. It can be argued that a state form which is amended by whatever addenda the chief has arbitrarily decided to tack on is no longer the “standard form provided by the executive director of the criminal history systems board.” Whether you wish to argue that point with your chief is a personal decision.
Note that a records check is inherent in the process, which is why the police department is required to take the applicant’s prints and send them to the State Police within seven (7) days of that applicant’s submission. M.G.L. c. 140, § 131(e). Moreover, F 25/26 specifically requires two (2) references, which would seem to fill any void in the applicant’s background which the police claim to need “letters of recommendation” for.
Remember that a License to Carry is issued solely at the whim of the licensing authority. There is no obligation whatsoever to issue an LTC. The bald statement “You have been deemed unsuitable” on a denial letter may be the response to any applicant who questions the chief’s authority to tack on whatever additional demands he or she feels like imposing. It will not be the chief’s obligation to prove you are unsuitable; it will be your burden to prove that you are suitable and, further, that you have a need which the chief unjustly denied. Consider that when deciding what additional information, if any, you will provide.
I have refused to provide some of the documents demanded of my clients, such as the “authorization” to check records; have withheld others, such as “letters of recommendation” until the clients agreed to meet this demand; and routinely provide the “Acknowledgment of Limitations on the use of Deadly Force” as a reasonable accommodation by a cooperative citizen. Again, what you provide per the specified application, as compared with what your chief claims to additionally require, is a personal decision.
Completing the application: Anticipation is the essence of preparation. Knowing the full scope of the questions is necessary to correctly answering them; wrong answers mean denials and, quite possibly, being charged with perjury for making a false answer. That means time and money in court, and probably never getting your firearms license.
There is no limit to the time period for any question on the application. “Have you ever...” means EVER; not just since Chapter 180 was enacted, the past few years, or since turning 18. Sealed records are not erased; they are merely sealed - and can be opened for a firearms license application.
Any incident resulting in a sealed record will be grounds for a denial if the chief cannot determine what it was and the outcome; failure to acknowledge it could mean being charged with perjury for making a false answer. Other than “non-criminal traffic offenses,” every appearance as a criminal defendant must be acknowledged and accounted for when answering Question 10. Every offense for which you were convicted and which meets the criteria set forth in Question 7 is probably a disqualifier. If your answer to Question 7 is “Yes,” you should contact an attorney to determine if you are even able to obtain a Massachusetts firearms license before applying.
All supplemental answers should be numbered to match the question they respond to. It is better to put “See attached” on the form and prepare a separate sheet. This is also true for the requested reason for issuance. I put “All Lawful Purposes per Chapter 140, § 131(a) and (d),” then detail specific reasons for each client on a separate sheet. This is not the time and place to play Constitutional scholar. “The Second Amendment” will not be deemed an adequate reason for issuing an LTC, and will probably have the opposite of the desired result.
Do not guess. If you don’t know what a word means, look it up. If you are not sure of your record, obtain a copy. When you have reviewed your answers and determined what additional requested information, if any, you will provide, the actual application should be typed or, as a bare minimum, be carefully printed in ink. A copy should be made of the complete application and your existing license, if any. The application, photos, and fee of one hundred dollars ($100.00) should be submitted and the copy time-stamped by the dispatcher. This proves that it was submitted and when, starting the 40-day clock for an appeal.
Renewals should be submitted no less than two months in advance of the expiration date, which is your birthday. Contact your police department first, as there is often a specific time and day on which applications are processed. Fingerprints should be taken when the application is filed. There is nothing in the statute which authorizes the police to reject applications submitted before a certain date, although some towns are doing so. Applicants who wait until there are only four or six weeks left will likely have their licenses expire before they are processed and renewed.
If an application is refused, or the request to have a copy stamped is refused, get the name, rank, and badge number of the officer refusing your application. Provide this information in the cover letter when you send the chief the complete application package by Certified Mail, Return Receipt Requested, making sure you have kept a copy of the letter itself as well. When you have received the green card confirming receipt, schedule your fingerprinting.
If you have any doubts about the process, your answers, or what is required, consult an attorney. It is far easier and cheaper to prevent mistakes than to rectify them - if that is even possible. A denied application becomes part of your record; overturning a denial is extremely difficult and very expensive. As with anything relating to firearms, think before you act.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
I can't argue with that. Two very different environments. Two very different cultures.
