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absolutly pissed! **update

M

MALDENQB02

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I got a call from my PD stating they are putting a restriction on my license. They said I was given unrestricted "by mistake." Can they do this BS??

Today is Friday, somehow from the time they called me (tuesday) they were able to add restrictions and get a new card printed. Amazing! Figuring it takes 6 months to process the original application.
 
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Was the mistake that it was given to you in particular, or do they usually give out restricted? Did they tell you exactly why they're changing it? Either way, I'd be upset as well. Good luck.
 
They told me that there was someone else in charge of licensing and they saw that I am unrestricted. I have had my license for three years unrestricted!! What the ****!
 
That absolutely sucks ass! But, whatever your intentions are regarding how you're going to move forward, I'd cease discussing them on this forum immediately! Trolls will be trolls! Watch your 6 my friend, watch your 6 and the best of luck!
 
I'm pretty sure they cannot do this. IMO this would most definitely fall under "arbitrary or capricious".
 
jason6 said:
I'm pretty sure they cannot do this. IMO this would most definitely fall under "arbitrary or capricious".
Click to expand...

Yes they can, they can do whatever they want and generally get away with it. This is MA. Also a restriction is not a denial of a license and is not appealed in the same way.

-Mike
 
ColdDayInHell said:
No, they absolutely can, I just never actually knew anyone who has had it yanked.
Click to expand...

Five (5) of those reasons are applicable to a District Court’s review of a chief’s decision in a firearms license to carry case.11 These are where the chief’s decision is:
• in violation of constitutional provisions;
• in excess of the chief’s statutory authority or jurisdiction;
• based upon an error of law;
• made upon unlawful procedure; or
• arbitrary or capricious, an abuse of discretion, or otherwise not in
accordance with law.12

• Chief of Police of Shelburne v. Moyer, 16 Mass. App. Ct. 543, 453 N.E. 2d 461 (1983)
Sealed records may be considered by a chief in determining fitness to carry firearms. In the absence of a finding that no reasonable ground existed for the chief of police to refuse a license on the basis that a person was not a “suitable person”, the court erred in ordering the issuance of a license to a defendant. To warrant such a finding, it must be shown that the chief’s refusal was arbitrary, capricious or an abuse of discretion. The burden is on the applicant to produce substantial evidence that (s)he is a proper person to hold a license to carry firearms.
 
I thought they could restrict you for any reason.

So the reason here is they meant to do it but made a mistake? There is nothing on your record they just changed thier minds?

Contact Comm2A as mentioned above to see if you have legal options.
 
jason6 said:
Five (5) of those reasons are applicable to a District Court’s review of a chief’s decision in a firearms license to carry case.11 These are where the chief’s decision is:
• in violation of constitutional provisions;
• in excess of the chief’s statutory authority or jurisdiction;
• based upon an error of law;
• made upon unlawful procedure; or
• arbitrary or capricious, an abuse of discretion, or otherwise not in
accordance with law.12

• Chief of Police of Shelburne v. Moyer, 16 Mass. App. Ct. 543, 453 N.E. 2d 461 (1983)
Sealed records may be considered by a chief in determining fitness to carry firearms. In the absence of a finding that no reasonable ground existed for the chief of police to refuse a license on the basis that a person was not a “suitable person”, the court erred in ordering the issuance of a license to a defendant. To warrant such a finding, it must be shown that the chief’s refusal was arbitrary, capricious or an abuse of discretion. The burden is on the applicant to produce substantial evidence that (s)he is a proper person to hold a license to carry firearms.
Click to expand...

This is for a denial. A restriction is a whole other ballgame. Once the person has an LTC in hand the rules change, even if its a restricted one.

-Mike
 
drgrant said:
Yes they can, they can do whatever they want and generally get away with it. This is MA. Also a restriction is not a denial of a license and is not appealed in the same way.

-Mike
Click to expand...
Sounds like its a revocation and reissue. From what i've read conditions cannot just be changed, right?

EDIT: i think i remember reading a thread on here about osmeone that wanted their restrictions removed and the PD said theyd have to revoke and reissue.... i could be wrong though
 
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jason6 said:
Sounds like its a revocation and reissue, right? From what i've read conditions cannot just be changed, right?

EDIT: i think i remember reading a thread on here about osmeone that wanted their restrictions removed and the PD said theyd have to revoke and reissue.... i could be wrong though
Click to expand...

I don't believe that was technically a revoke, more of a forced expiration, and then a renewal.
 
They only have to do that if its another town issuing you an unrestricted license. the town that issued the license can at any time remove or change restrictions without expiring or revoking.
 

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