applying restrictions after issuing LTC

[jcr]

You're telling me that Watertown actually will call the original IA and get them to downgrade you?

I'm starting a new thread on this because it is too important to hide in a thread about Watertown.

I undertand the concept of CLEO determining "suitablity".

I also understand that he can apply any restrictions that he "deems reasonable".

Further, I recognize the likelihood that a CLEO will comply with another CLEO's request -- to "get along".

All that said, I don't see how the quoted process could happen -- legally nor bureaucratically.

The police can't force you to come to the station so that he can stamp "restricted" on your LTC. He can threaten to suspend your license if you don't show up. But if such a suspension was challenged in court, surely a judge wouldn't say that this is a legal determination of "suitability"? Really? (yeah, I know it will cost many dollars to challange).

If so, any CLEO could command any LTC holder to do almost anything, couldn't he? Such as, "Hey, let me search your house. No, I don't have a warrant, but if you don't let me, your likely to be found unsuitable to have an LTC."

But does the CHSB have a "form" for the CLEO to add restrictions? Re-issue of a (lost) license is at the initiation of the license holder, isn't it? Can the CLEO make the CHSB issue a new license with new restrictions?

It seems like the requesting CLEO is asking for a big paperwork favor.

 

[terraformer]

I'm starting a new thread on this because it is too important to hide in a thread about Watertown.

I undertand the concept of CLEO determining "suitablity".

I also understand that he can apply any restrictions that he "deems reasonable".

Further, I recognize the likelihood that a CLEO will comply with another CLEO's request -- to "get along".

All that said, I don't see how the quoted process could happen -- legally nor bureaucratically.

The police can't force you to come to the station so that he can stamp "restricted" on your LTC. He can threaten to suspend your license if you don't show up. But if such a suspension was challenged in court, surely a judge wouldn't say that this is a legal determination of "suitability"? Really? (yeah, I know it will cost many dollars to challange).

If so, any CLEO could command any LTC holder to do almost anything, couldn't he? Such as, "Hey, let me search your house. No, I don't have a warrant, but if you don't let me, your likely to be found unsuitable to have an LTC."

But does the CHSB have a "form" for the CLEO to add restrictions? Re-issue of a (lost) license is at the initiation of the license holder, isn't it? Can the CLEO make the CHSB issue a new license with new restrictions?

It seems like the requesting CLEO is asking for a big paperwork favor.

I just posted this into the other thread. I have not had this happen to me but I spoke with a neighbor who said he was restricted on moving in. I no longer live there so I can't go back to this person but I had no reason to doubt him. Furthermore, why have a system with such local control but long time horizons on the license if one can easily skirt it? How long does one live in a particular apartment, etc? I doubt the average is more than 2 years. One could easily game the system by renewing early, resetting the clock to 6 yrs and then moving as many as 2-3 times in that timeframe. Why does it seem incredulous that the folks who thought up this system as it is now, would not allow CLEOs to do this and pretty much anything else they want. I bet any judge in this state would deem it reasonable to force a renewal on moving in. In fact, why even bother having the COA form if they did not plan on allowing this.

I think the most important idea you have above is:

If so, any CLEO could command any LTC holder to do almost anything, couldn't he? Such as, "Hey, let me search your house. No, I don't have a warrant, but if you don't let me, your likely to be found unsuitable to have an LTC."

And that is the elephant in the room. I have not heard of this happening but one day it will and someone will be forced to either comply or appeal. Given there is no real appeals process for suitability, this will get abused if it has not already. Unfortunately the people most likely in possession of this knowledge are not at professional liberty to divulge said info.

At the end of the day, all we can do is wait for someone to say this has or has not happened to them, if they are willing to do so.