slap shot
NES Member
I think that’s for denials.wasn't there a law passed a couple years back requiring any PD who restricts an individual's LTC to put in writing WHY that individual was restricted?
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I think that’s for denials.wasn't there a law passed a couple years back requiring any PD who restricts an individual's LTC to put in writing WHY that individual was restricted?
Not for restrictions.wasn't there a law passed a couple years back requiring any PD who restricts an individual's LTC to put in writing WHY that individual was restricted?
Langer, Foley, MacNutt and a few others fall into the firearms competent category.Your garden variety attorney won't have a clue and will give you bad advice.
I am familiar with many restriction cases, and have read some of the denials decisions. They all cited the Moyer standard of "did the issuing authority feel s(he) had a reason that was not arbitrary, capricious and an abuse of discretion to restrict". If the court concluded the IA felt (s)he had a reason, you lost.Are you speaking from experience, cuz from what I was told by a lawyer yesterday it seemed like not a big deal
Did your research include the Wakefield case?I was doing some research online and a law was passed in 2014, putting the burden of proving why they gave you restrictions on the police department, and if they can’t prove a viable reason for denial they must issue you unrestricted?
You're confusing a suitability denial with restrictions. The public safety thing and providing a reason is for suitability denials.I was doing some research online and a law was passed in 2014, putting the burden of proving why they gave you restrictions on the police department, and if they can’t prove a viable reason for denial they must issue you unrestricted?
LTC: The Class B License was eliminated; going forward there is only one License to Carry. (LTC). Chiefs now have to put denials in writing so that the burden of proof is on the police chief to defend the denial or restriction in District Court. Also, for the first time gun owners can appeal their LTC restrictions in District Court.
Both licenses: The term "prohibited person" is now being used for both licenses, instead of "unsuitable". This change in the language provides a much-needed change in framework around who is prohibited. Also the 90-day grace period - license renewal issue was fixed. Gun owners will now receive a receipt upon renewal, which makes the license valid until the new license is received.
They are indeed separate, however, I believe the law now explicitly allows for a restriction appeal. There is room to argue the suitability standard in the new law also applies to restrictions, however, that has not yet been nailed down.And Rob, with all due respect, I think you are also confusing these two.
I agree that it could be argued that restrictions are a sort of partial denial if you applied for ALP, but I haven't heard of anyone actually trying this.They are indeed separate, however, I believe the law now explicitly allows for a restriction appeal. There is room to argue the suitability standard in the new law also applies to restrictions, however, that has not yet been nailed down.
Thanks for all the good info, I’m just trying to find out my best options!!!
Thanks for all the good info, I’m just trying to find out my best options!!!
Excellent chance of keeping it Boston.Related what is the experience of NES when moving into Boston/Brookline with unrestricted, will you keep it upon renewal? Say you have had ALP for 5, 10, 15 years are they going to take it away?
My wife grew up in Medford. Last year she showed me a listing for a kickass penthouse condo with private rooftop deck, in our price range. I loved the pics, but shut it down because Medford does not issue unrestricted LTC’s. Ya, I could lawyer up, and would, but I’m the only one in that scenario with something to lose (time and lots of money). Not a defeatist, but easier to move, if an unrestricted ltc is that important. Put your lawsuit, lawyer fees into guns and ammo in a green town.
After my interview and range test in Boston last week I was told I needed to write a letter explaining why I wanted a conceal carry high capacity license. Today I received a phone call from the licensing Lt. Stating that I would receive a license with restrictions, cuz my reasons were not good enough to receive conceal carry! Just wondering what my next move is as far as an appeal and cost of fighting this could add up to?
Related what is the experience of NES when moving into Boston/Brookline with unrestricted, will you keep it upon renewal? Say you have had ALP for 5, 10, 15 years are they going to take it away?
So sad of a city we live in!I had an unrestricted license from Norwood back in the 80s. When I applied for my Boston license last year, the PO who interviewed me recommended me for a ALP license. Of course I got the "Sport Target & Hunting" version.
Talked to my attorney & he said you can either take a lot of training classes & hope they "upgrade" you when you renew or become a NRA Instructor. I'm going to take the second option.
Ironically I have Maine, NH and Utah concealed carry permits so I can carry in almost 40 states... except the state I live in. That's Massachusetts for you!
The deck was stacked before the hearing. Two Obama appointees and one Regan appointee on the three judge panel.
@Rob Boudrie - can you link the Wakefield case? All I can find is a magazine article about it, which provides few details. Hats off to @nstassel
Boston licensing officer told me on Monday, when I renewed, that once you have an unrestricted license, Boston will not impose restrictions