Being Charged with Carrying on Expired LTC

[commodon]

If your LTC expires (and you did NOT apply for a renewal) and you are subsequently "caught" carrying, the penalty is a civil fine of $500(?). NOT a criminal penalty.

And my understanding perhaps incorrectly, is that there is no ninety-day limit involved for persons who do not file a renewal. The ninety-day limit is only applied to those who filed a renewal.

IOW if your LTC expires and there is nothing barring you, if you are caught carrying six months, one year, two years, five years after the LTC expiration, etc. it's still a civil infraction only carrying a fine of $500.

 

[namedpipes]

And my understanding perhaps incorrectly, is that there is no ninety day limit involved. The ninety-day limit is only applied to those who filed a renewal.

IOW if your LTC expires and there is nothing barring you, if you are caught carrying six months, one year, two years, five years after the LTC expiration, etc. it's still a civil infraction only carrying a fine of $500.

Correct and btw it also protects former MA residents that move out of state. So escapees, DO notify your PD that you've moved away and DON'T throw away your LTC.

 

[firestorm]

And my understanding perhaps incorrectly, is that there is no ninety-day limit involved for persons who do not file a renewal. The ninety-day limit is only applied to those who filed a renewal.

IOW if your LTC expires and there is nothing barring you, if you are caught carrying six months, one year, two years, five years after the LTC expiration, etc. it's still a civil infraction only carrying a fine of $500.

I was given to understand that the 90 days is gone now and as long as you have applied before your expiration you are covered indefinitely until they approve or deny you. That's why they are supposed to give you the MIRCS receipt and while not all places will honor it you should be able to buy on the expired LTC with receipt as well.

 

[commodon]

I was given to understand that the 90 days is gone now and as long as you have applied before your expiration you are covered indefinitely until they approve or deny you.

You would think common sense would prevail and this would be true, but the law written on the books right now appears to indicate there is a ninety-day limit. In fact, the section is being updated to reflect changes to take effect 1/1/2021 and the ninety-day limit is still reflected within...

 

[swatgig]

The 90 day grace period still applies. This was a major issue is Storm v Gardner

 

[Len-2A Training]

Correct and btw it also protects former MA residents that move out of state. So escapees, DO notify your PD that you've moved away and DON'T throw away your LTC.

Notification upon moving out of MA does NOT change your "get out of jail" status. DO NOT throw away your last MA LTC!!!

You would think common sense would prevail and this would be true, but the law written on the books right now appears to indicate there is a ninety-day limit. In fact, the section is being updated to reflect changes to take effect 1/1/2021 and the ninety-day limit is still reflected within...

90 days if you don't renew prior to expiration OR PD fails to enter in MIRCS prior to expiration. Infinite grace period if done prior expiration.

 

[AHM]

The one case I am familiar with ... he more or less was forced to suck for a CWOF and probation.

Aren't those mutually exclusive for a specific charge?

Did he CWOF for some charge(s),
and get convicted with a sentence of probation for some other(s)?

IMHO a jury trial option on the verdict sheet should allow the jury to decide whether or not someone was maliciously prosecuted or not, and in turn punch the prosecutor/state straight in the rectum. Or even if it doesn't trigger an immediate verdict of that, it should trigger another trial of the state's actions, to be examined by another jury.... This would cause these types of trash cases submitted to plummet.

Maybe simpler to increase the number/fraction of grand jurors
that have to vote to indict.

One wiseacre on a petit jury can FIJA any/all charges in a case,
but it takes more of them to find No True Bill.

(Doesn't help cases brought without grand jury indictments, of course).

If your LTC expires (and you did NOT apply for a renewal) and you are subsequently "caught" carrying, the penalty is a civil fine of $500(?) $100-$5000. NOT a criminal penalty.

(FTFY; but let that go).
Since people are talking past each other...

Ch. 140, §131: Licenses to carry firearms; conditions and restrictions

...
(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, not including licenses that remain valid under paragraph (i) because the licensee applied for renewal before the license expired, but who shall not be disqualified from renewal upon application therefor pursuant to this section, shall be subject to a civil fine of not less than $100 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.​

[Temporary gun confiscation stuff snipped/AHM].
The provisions of this paragraph shall not apply if such person has a valid license to carry firearms issued under section 131F.​

 

[drgrant]

Did he CWOF for some charge(s),
and get convicted with a sentence of probation for some other(s)?

Not that I know of, he only had CUI and he cwofed out on that, with some kind of condition for 3? 6? (I forget) months of probation. Basically he
was told "if you behave for X months, you will effectively get a cwof".

My friend with the "road rage" case got a similar deal.

I'm not sure what KIND of probation they got. There are different stratas to it, like theres also unsupervised probation which is basically just setting up a land mine if someone
f***s up again, and then there's "you have to check in with your probation officer every day week whatever" probation. I don't think either of the people I know had to do
that. I will ask.

Maybe simpler to increase the number/fraction of grand jurors
that have to vote to indict.

One wiseacre on a petit jury can FIJA any/all charges in a case,
but it takes more of them to find No True Bill.

(Doesn't help cases brought without grand jury indictments, of course).

IMHO any case that goes in front of a GJ should be unanimous. Doesn't matter anyways because most of these people
get jaundiced. I know two people who served on GJs and none of them seemed to have a hard time pressing the button.

Most of the trash cases we're talking about though, like paper gun crimes, CUI, etc, I don't believe ever sees a grand jury. Might be because in MA GJs only
operate at superior court level? Trash like DUI, CUI, etc might only be district court? Not sure.

(FTFY; but let that go).

Jeff Kuhner, is that you? /sarc

-Mike

 

[swatgig]

Aren't those mutually exclusive for a specific charge?
Did he CWOF for some charge(s),
and get convicted with a sentence of probation for some other(s)?

No. A CWOF implies a term of probation. Continued Without a Finding until some date. Until that date, the defendant is on probation. Assuming he or she successfully completes the term of probation, the charge is dismissed.

I had one case that was continued without a finding until the end of the day.

 

[AHM]

Did he CWOF for some charge(s),
and get convicted with a sentence of probation for some other(s)?

Not that I know of, he only had CUI and he cwofed out on that, with some kind of condition for 3? 6? (I forget) months of probation. Basically he was told "if you behave for X months, you will effectively get a cwof".

Your explanation makes sense, in some sense (see below).

Jeff Kuhner, is that you?

I wasn't consciously thinking of Jeff per se,
but he's absolutely where I got that.

No. A CWOF implies a term of probation. Continued Without a Finding until some date. Until that date, the defendant is on probation. Assuming he or she successfully completes the term of probation, the charge is dismissed.

Thanks for that.

I ignorantly associated "probation" exclusively with watered down,
non-incarceration/non-fine sentences after a conviction.
And if a CWOF isn't a "conviction", how could it involve a "sentence'.

Only in retrospect does the "good behavior" stuff ring a bell
(and it makes perfect sense).
It makes more sense if it doesn't include onerous terms
like full-blown probation officer monitoring.

I had one case that was continued without a finding until the end of the day.

Did the judge really hate the prosecutor?
Or did he suspect that your client had the world's worst impulse control ever?

 

[Rob Boudrie]

And if a CWOF isn't a "conviction", how could it involve a "sentence'.

It is not a sentence, but an administrative action that keeps the charges on file. Generally, a CWOF does not involve anything other than "don't get caught doing bad shit before the charges are dropped".

 

[smokey-seven]

90 days if you don't renew prior to expiration OR PD fails to enter in MIRCS prior to expiration. Infinite grace period if done prior expiration.

Thanks Len. I read the statute, both the current and the 2021 and could not find the 90 days under proper renewal.

 

[Len-2A Training]

Thanks Len. I read the statute, both the current and the 2021 and could not find the 90 days under proper renewal.

It was @swatgig who pointed out that the 90 grace period still was in MGL for those cases where renewal wasn't entered in MIRCS prior to expiration. I don't have the cite handy right now.