Any value to expired LTC?

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I have an active unrestricted LTC. My wife had an unrestricted LTC but it has expired (and yeah, I keep prodding her to get it renewed -- btw, if your LTC expires and you go to renew it, is it like a normal renewal or a like a first time application?)

Let's say I get flattened by a bus tomorrow. Does having an expired LTC (vs nothing at all) provide her any protection against criminal possession charges (since with me dead there would be no one living in the house with an active LTC)? Or is an expired one basically the same as not having one at all (which is what I would expect)?
 

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I thought I read somewhere on here that it's good for 90 days after it expires, don't quote me on that though.

Not in this case.

I have an active unrestricted LTC. My wife had an unrestricted LTC but it has expired (and yeah, I keep prodding her to get it renewed -- btw, if your LTC expires and you go to renew it, is it like a normal renewal or a like a first time application?)

Let's say I get flattened by a bus tomorrow. Does having an expired LTC (vs nothing at all) provide her any protection against criminal possession charges (since with me dead there would be no one living in the house with an active LTC)? Or is an expired one basically the same as not having one at all (which is what I would expect)?

Do a search here, it's been answered many times. [STRIKE=undefined]It's been answered many times.[/STRIKE]

ETA: Sorry for the redundancy, I was on my cell phone,.
 
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There was some talk here before on about this and as I remember the punishment for possession of a gun with an expired LTC was just a fine and not the one year in jail. It seemed like expired was expired and how long expired didn't come into play.
 
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Does having an expired LTC (vs nothing at all) provide her any protection against criminal possession charges...

Yes, providing her LTC is expired, and not revoked (for other than failing to notify of a change of address), and she hasn't applied for, and been denied, a renewal....

MGL 140-131 said:
(m) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a firearm, rifle or shotgun whose license issued under this section is invalid for the sole reason that it has expired, meaning after 90 days beyond the stated expiration date on the license, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of section 10 of chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if: (i) such license has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; (ii) revocation or suspension of such license is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or (iii) an application for renewal of such license has been denied.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131
 

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My wife had let her unrestricted LTC expire and it was about 7 years before she renewed. Because she had her expired LTC, because I put it away in a "safe place", she was treated as a renewal instead of a new applicant. It saved a few headaches in our case.

FWIW,

Bob
 
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MGL c140s131 said:
(m) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a firearm, rifle or shotgun whose license issued under this section is invalid for the sole reason that it has expired, meaning after 90 days beyond the stated expiration date on the license, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of section 10 of chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if: (i) such license has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; (ii) revocation or suspension of such license is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or (iii) an application for renewal of such license has been denied.

Any value to an expired license if you've moved out of state? I'm wondering if the "but who shall not be disqualified from renewal upon application therefor under this section" would nix the exemption since you can't renew under 131 (only under 131F for non-residents).

The Simkin case would make me think "maybe" because of the holding that 131F is just a supplement to 131:
SJC in Simkin said:
Moreover, as a general matter, it is undisputed that § 131F does differ in certain respects from § 131; these differences, however, are consistent with the role of § 131F as a supplement, applicable to nonresidents, to the general licensing scheme established by § 131. [FN12]

SJC in Simkin FN12 said:
In a 1964 opinion, Attorney General Edward W. Brooke opined in response to a question from the Acting Commissioner of the Department of Public Safety, that a license issued to a resident pursuant to G.L. c. 140, § 131, would become invalid if the license holder took up residence in another state. See Rep. A.G., Pub. Doc. No. 12, at 233-234 (1964). In reaching this conclusion, the Attorney General stated:

"This position is further buttressed by the fact that the Legislature provided different qualifications for the issuance of permits to non-residents in [G.L. c. 140, § 131F].

"A clear implication of this section is that a non-resident is within a wholly different status and as such must comply with the requirements of § 131F. Consequently, a license holder who becomes a non-resident of
Massachusetts would no longer fall within the jurisdiction of local licensing authorities and § 131 would no longer apply."

Id. at 234. The other opinion, issued by Attorney General Francis X. Bellotti in 1986, only nominally supports Simkin's position and does not merit discussion here. See Rep. A.G., Pub. Doc. No. 12, at 62-63 (1986). For reasons discussed supra, we disagree with both opinions insofar as they suggest that § 131F is wholly distinct from § 131.
 
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