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Bend Over Fitchburg Gun Owners -- Here it Comes!

Yup. Assuming the person applied for an "A", issuing a B would definitely be a "denial" thus negating the provisions of 141/131m. Since the topic at hand was "not processing renewals creating felons", I assumed "downgrade from A to B" was not the subject under discussion.

I was under the same impression. But since most gun owners don't read the Mass. gun laws for fun, they might just think something like "It's illegal to have guns after my license expires" or get things muddled.

I thought it was held in the court of NES that it is not a denail becuase you still were issued a license, no?

It depends on how things go with the applciation, I'd imagine. If they bullied you into changing what license you applied for before sending it out then I'd say you have nothing to stand on when you get what you applied for.
 
True, not only that but I have been told that judges have thrown out cases where someone tried to "appeal" issuance of a "downgraded" LTC. To a MA judge, a LTC is an LTC and they are all the same wrt issuance . . . but not wrt breaking other laws (possessing something your class of LTC doesn't permit).

Do you know of any cases where someone with a Class B was prosecuted for having a large cap pistol post downgrade?
 
I thought it was held in the court of NES that it is not a denail becuase you still were issued a license, no?
Interesting point, but the law that provides a degree of protection for someone with an expired license specifically does not cover the individual if they have been denied renewal. It is not a stretch to assume that a court might hold that the issuance of a "B" when the user requested an "A" meant they were denied an A. Although some courts may have held that "you were issues a license so it's not a denial", (a) that is not established at a high enough level to set binding precedent, and (b) is much more commonly used when appealing a restriction rather than appealing issuance of a B when an A was desired.
 
Do you know of any cases where someone with a Class B was prosecuted for having a large cap pistol post downgrade?

I have read a few posts where the person claimed that they were told "sell the hi-cap guns" when they were downgraded. I don't have any facts to provide. It was a while ago and I don't recall any further details. I am not aware of anyone actually being prosecuted after a downgrade however.
 
I have read a few posts where the person claimed that they were told "sell the hi-cap guns" when they were downgraded. I don't have any facts to provide. It was a while ago and I don't recall any further details. I am not aware of anyone actually being prosecuted after a downgrade however.

I've seen similar posts on here. I've also read cases like Commonwealth v. James Landry (1978) where someone with an FID gets busted for carrying without an LTC, but I'd like to know if there's any cases where someone with a Class B gets nabbed for having Class A goodies.
 
Good news...

I just confirmed with the Deputy Chief that Fitchburg is now accepting and processing applications. The officer who normally does this work was seriously injured while off duty. As of last week the Fitchburg PD was able to train another officer to do the job.

Steve, MFS
 
I wonder if Chief DeMoron is going to leave his service pistol unloaded in a locked box in the trunk of his cruiser?
Typical MA. liberal BULLSHIT! I thank God every day that I was able to move out of there.
 
Looks like this possibly could take an interesting turn:

http://www.sentinelandenterprise.com/local/ci_15308036

With 10 months left on his contract in Fitchburg, Police Chief Robert DeMoura may be headed for Somerville.

DeMoura confirmed Tuesday that he is among a group of finalists that is up for the chief's position of the Somerville Police Department.

"This is a tough decision, and I'm not even saying I have to make a decision right now. But I would tell anybody, I have to make the right decision for my family, myself and for the city," DeMoura said.

Michael Meehan, a spokesman for Somerville Mayor Joseph Curtatone, said city officials have yet to bring candidates forward for public interviews, and declined to say whether DeMoura is on that list.

"What we have right now is a short list of candidates who are still under consideration, and at some point we're going to announce the finalists who are going to be part of the interview process," Meehan said.

The public interview process with the candidates will play out in July, according to Meehan.

"I know he's up against a number of people, and I believe it's about half a dozen," Meehan said.

DeMoura said he learned Sunday night that he's a finalist, and said he believes he has a very good shot at getting the job, because of the work he's done to reorganize the Fitchburg Police Department over the last couple of years.

"It's very clear the department is much more operable than it was a few years ago," DeMoura said.

Police union President Christopher Garcia said DeMoura
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has been up front about his candidacy with officers, telling them he may need to choose between staying in Fitchburg or taking the Somerville job.

"He has mentioned to me that it's going to be a tough decision, if it comes to that," Garcia said.

DeMoura was hired in April 2008. His three-year contract expires in April 2011. He currently earns an annual salary of $120,232. It is scheduled to increase to $126,429 when fiscal year 2011 begins on July 1.

Meehan said he doesn't know how much the new chief will earn in Somerville. Acting Chief Michael Cabral currently earns $165,634 a year.

"I feel the chief needs to look out for what's in the best interest of Bob DeMoura and his family," Garcia said.

Mayor Lisa Wong, who hired DeMoura, did not return phone calls seeking comment by press time last night, but some city councilors yesterday were surprised by the news of DeMoura's candidacy in Somerville.

"This was a little bit of a surprise," said Councilor-at-large Marcus DiNatale. "I guess you could say I'm just concerned about the fact that there's been a little bit of turnover in that position in the last decade."

DiNatale said he believes DeMoura has done a good job as chief, describing him as innovative, accessible and responsive.

Ward 3 City Councilor Joel Kaddy agreed there needs to be stability, with a string of four chiefs and acting chiefs working in the Police Department over the past decade, but said he wasn't surprised to learn that DeMoura is looking elsewhere.

"He's got no ties, he never moved here ... he really has no ties, no relatives, nothing to hold him here," Kaddy said. "He's a good guy. If that's what he wants to do, I wish him luck."

Councilor-at-large Thomas Conry said turnover is a fact of life, and he doesn't believe in holding people back.

"I think that people do move on. People are always looking for better jobs, better positions, and I told him I really wished him good luck in his endeavor, if in fact he makes it," Conry said.

Read more: http://www.sentinelandenterprise.com/local/ci_15308036#ixzz0r3jlaYuC
 
Thanks for the update. It has been awfully quiet on the Fitchburg issue. Is there anything on what license restrictions are going out on new as well as renewals?
 
I this that it was a great idea to review all their current licenses. If it were up to me, I'd immediately revoke the licenses of every single LTC holder who had ever committed a murder, not only in Fitchburg, but any place else. I can't see any valid reason for a convicted murderer to have an unrestricted LTC-A, or even a restricted one; an LTC-B is perfectly adequate for them. [rolleyes]

Ken
 
Where is the link to the actual story of the double-slaying?
Wow, I was just freaking out reading your post. For a minute there I was wondering if I got really drunk and didn't remember posting in this thread. Sorry for the duplicate name man.

I just hope this nonsense does not spread a couple towns over. Why can't these tyrants just understand the simple fact that gun control does not work?
 
Long time, no news here. Well, did Chief DeMoura leave Fitchburg? Are you able to get a new or a renew LTC-A, unrestricted or did the Chief follow through and start B-ramming?

It's been so quiet that I'd almost bet you guys in Fitchburg are happy as a clam at high tide.
 
I haven't heard anything yet. My mother is supposed to be applying soon so if I hear anything I'll be sure to bring back news. When I got my Unrestricted LTC back in February the licensing officer looking surprised when he read that it was issued unrestricted. I got the impression that I just got lucky with the right letter and the right references. I'd be interested to hear anyone else's experiences.
 
Bump?

I'm going to be going for an LTC-A (first time, not a renewal) in Fitchburg and just wondering what I might expect. Has anyone gone for an LTC-A with our new chief at the helm?
 
I know of someone who placed and application a little while ago. I was the normal application process for him plus the "extra" 2 letters of personal reference. He applied for a LTC A ALP and supposedly that was what was put in the computer...... we'll see
 
does anyone have any updates on people getting ALP in Fitchburg? my friend is interested but has held off through this BS.
 
does anyone have any updates on people getting ALP in Fitchburg? my friend is interested but has held off through this BS.

To the best of my knowledge Fitchburg is still issuing LTC-A Restrictions None. My dad just got his a couple months ago. Typical turn around time seems to be about 9 weeks (that's about how long my Dads took, and others have reported 8 to 10 weeks). I've been waiting longer than that, but there was a mix up with my prints which seems to have delayed things. I would say Fitchburg is a bit more "yellow" than "green" because they will make judgement calls based on history (and have denied for things that would not be a federal DQ), but if you have a fairly clean history the good news is they don't place restrictions.
 
New Resident... trying to get my LTC in Fitchburg

Anyone else tried to get their LTC in Fitchburg as of late? I have called every other Monday for 7 weeks now (four times) and left a message and I have not received so much as a return phone call. I called the main number to the station and spoke with an officer who told me that they are really backed up in that department and to "keep pestering them."

How long should I let this continue before "doing something" about it... and what exactly am I supposed to do? Bend over? :p
 
IMO call Sen. Flanagan's office. She might be a lefty but she is very firmly in our corner on this issue. If i was facing the same BS that's what I would be doing.

-Mike
 
i have heard from mike and from other people that if you get in touch with her she'll pressture the department on your license. definitely give that a shot.
 
On the up side, my dad and I both got licenses in Fitchburg this past summer, and we both got no restrictions. They are slow as hell and unresponsive at times (as the recent poster is noticing), but once you get the ball rolling the licensing officer is a real nice guy. I believe they issue unrestricted to everyone. I even had a minor CWOF (operating uninsured auto) and he made a point to let me know that wouldn't be a problem. Best of luck. Make the call to Flanagan's office so that they at least start returning calls again, then you should be good to go from there.
 
To the best of my knowledge Fitchburg is still issuing LTC-A Restrictions None. My dad just got his a couple months ago. Typical turn around time seems to be about 9 weeks (that's about how long my Dads took, and others have reported 8 to 10 weeks). I've been waiting longer than that, but there was a mix up with my prints which seems to have delayed things. I would say Fitchburg is a bit more "yellow" than "green" because they will make judgement calls based on history (and have denied for things that would not be a federal DQ), but if you have a fairly clean history the good news is they don't place restrictions.

What ever happened to the 40 day rule?

The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such license shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law.
 
There is no 40 day rule if you haven't even submitted an app yet. So they can get away with being obstructionist without violating the law.

Yeah, but these guys are saying the turn-around time is 8-10 weeks. I assume that means from the day they turned in the application. Phlach says his is even longer and counting. At my appointment I was told to expect to wait 2 months. I didn't like to hear that, but I didn't want to complain and get on anybody's "list".

Before anyone gets on me about it, I know what happens when you assume [wink]
 
Interesting turn of events... 17 hours after posting that Fitchburg PD hasn't returned any of my calls and I get a call back... I'm kicking myself and beating my head against a wall that I missed the damn call. [angry] I'm hoping that another 7 weeks doesn't go by before he tries again. He DID give me a different number to call him back on so I'm really hoping that the firearms licensing line just isn't checked very often and he gave me the number to his direct line. UGH!
 
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