Changes in the background checks for LTC renewal

[Glockster30]

Even if he could get a reversal, the PD could still deny him for not reporting it, i.e., lying when he filled out the LTC applications over the years.

 

[Mountain]

Noun. twatwaffle (plural twatwaffles) (slang, derogatory) A contemptible person.

How do two rather desirable things in combination become derogatory?

 

[Rob Boudrie]

How would this not get reversed in court? The guy had his license for 25 years and now they're going to deny him for something that happened prior to that 25 year period? Only in Massachusetts but i'm tired of that BS.

It is not a MA thing, but federal. The MA thing is that 2.5 year is a very common MA misdemeanor maximum, even for minor crimes that never see that actual sentence.

Court reversal is tough, since you are dealing with courts that will accept bogus arguments like "You do not have Heller standing since you can have a handgun in your home with an FID and acquire with a permit to purchase", even though the former is just plain false and the state has no record of ever having issues a PTP. There is a clear bias and you have to create a situation where it is beyond absurd for them to rule against us - and even that will not always stop results-driven decisions.

Step 1 - Forcing the state to issue LTCs to persons with FLRB relief. This is akin to granting a MJ dispensary license to someone even though that licensed action is a violation of federal law. Comm2A is making progress here, and has to complete steps 1B and possibly 1C to have this done.

Step 2 - Sorry, I cannot discuss legal strategy before cases are filed and public.

 

[M1911]

There is no longer justice in this country and the time grows near. Tick tock...………...

The saying “in the halls of justice, the only justice is in the halls” is not new.

 

[Rob Boudrie]

A person who beat a charge on a self-defense rap (because the juveniles he chased out at gunpoint in RI had connected parents) told me "Justice is a commodity, and like any other commodity, how much you get depends on how much you can afford to buy."

 

[swatgig]

If this is the only item on his record, and it occurred before his 21st birthday, he may be able to expunge the charge under the new law G.L.c. 276, §§100I and 100J

 

[HARRYM]

Someone correct me if I'm wrong but aren't they claiming you can be denied even if you were simply charged? And they are taking continued without a finding cases and calling them guilty pleas?

 

[citoriguy]

PM sent.

 

[Len-2A Training]

If this is the only item on his record, and it occurred before his 21st birthday, he may be able to expunge the charge under the new law G.L.c. 276, §§100I and 100J

Hmm, two sections that are not up on the State MGLs website!

 

[swatgig]

Hmm, two sections that are not up on the State MGLs website!

You can find it in the Sessions Laws:

Session Law - Acts of 2018 Chapter 69

 

[namedpipes]

I prefer my waffles... Belgian.

Gallettes....

 

[Devils Paintbrush]

Someone correct me if I'm wrong but aren't they claiming you can be denied even if you were simply charged? And they are taking continued without a finding cases and calling them guilty pleas?

Essentially what was done with me. I was initially charged with a third degree felony for a ready at hand weapon (in Ohio). After my story came out I paid a fifty dollar bond forfeiture and got my weapon back (which would be a lot like a CWOF in Mass) with no criminal record.

Most of my issues came from the state side, local PD would have given it to me. State was treating a bond forfeiture as a conviction with a weapon that could have resulted in a prison sentence.

I made sure copies of the disposition were included in each LTC application, wasn't a problem for the first two applications.

State suspended me for MGL 140 131 (i)(d)

A prohibited person shall be a person who:


(i) has, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years ; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; (E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation of said chapter 94C; or (F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33);

 

[jpm]

Even if he could get a reversal, the PD could still deny him for not reporting, i.e., lying when he filled out the LTC applications over the years.

This is a key question IMO, did he declare it on his application and renewal forms? If not then he dug himself that hole.

 

[Sevenrats]

This is often not really a conviction but a mistake that is entered in error by a summer intern at cjis. As they go through old handwritten probation cards and dockets lots of non conviction dispositions look like guilty findings. It takes some digging but can often be corrected unless it really was a guilty in which case you have to try to vacate the conviction which is much more difficult.

He was guilty. He got into a fight or something and just paid the fine. It wasn't like armed robbery or anything. He might've gotten off if he had contested it.

 

[Sevenrats]

I may lose my LTC, but I won't lose my guns...

That's another part of this story. The cops, who were sympathetic, then told him that he needed to surrender his firearms before his LTC expired. Fortunately he has a family member out of state who could take possession of them.

 

[Sevenrats]

How would this not get reversed in court? The guy had his license for 25 years and now they're going to deny him for something that happened prior to that 25 year period? Only in Massachusetts but i'm tired of that BS.

And the kicker is that he has been renewed at least 4 times already.

 

[Sevenrats]

This is a key question IMO, did he declare it on his application and renewal forms? If not then he dug himself that hole.

I don't know how he answered those questions.

 

[Glockster30]

I would have to assume that he never disclosed it in his applications. If he did, he would have been rejected many renewals ago since it appears that it was a recent disqualification that finally caught up to him.

 

[Rob Boudrie]

Most of my issues came from the state side, local PD would have given it to me. State was treating a bond forfeiture as a conviction with a weapon that could have resulted in a prison sentence.

My understanding is that MA has had trouble understanding what an OH bond forfeiture means, since it was being mistaken for skipping out on bail. I know of one case where the attorney was able to get the LTC issued after producing documentation demonstrating that OH bond forfeiture was not a conviction or bail jumping.

 

[Devils Paintbrush]

My understanding is that MA has had trouble understanding what an OH bond forfeiture means, since it was being mistaken for skipping out on bail. I know of one case where the attorney was able to get the LTC issued after producing documentation demonstrating that OH bond forfeiture was not a conviction or bail jumping.

Part the state had with it, was they never bothered to investigate my certified copies that they had from the beginning. Even a little effort would have discovered the truth.

When my attorney went looking for the information, it did not exist in Ohio's system, so no way it was checked on by Mass.

Guilty until proven innocent. They left me in limbo for 60 days and then made me pay the application fee again when they decided to go forward with issuing the license.

Still grinds my gears.

 

[42!]

Someone correct me if I'm wrong but aren't they claiming you can be denied even if you were simply charged? And they are taking continued without a finding cases and calling them guilty pleas?

Yes they are.

And while there are options if you are actually found guilty, like having the case reopened and dismissed (or whatever the legal term is), or some convictions can now be expunged in MA (very limited), with a suitability denial your options are limited and the courts are still citing "broad discretion" so you are basily F'd unless you have a huge pile of money..... or you move north.

 

[Rob Boudrie]

with a suitability denial your options are limited and the courts are still citing "broad discretion"

The new standard in the law is dangerousness, but many courts like the old standard better so they refuse to accept the new one.

 

[42!]

The new standard in the law is dangerousness, but many courts like the old standard better so they refuse to accept the new one.

Yup, that's what the law says. But my first hand experience says it's still "Broad discretion"... but we've had this discussion before.

 

[Radtekk]

Its fn disgusting, imagine in a few years your posts if non politically correct will be used against you, say you mention that Maura Healey is a twat waffle

She is.

Noun. twatwaffle (plural twatwaffles) (slang, derogatory) A contemptible person.

So since I find her actions contemptible the definition fits.

I take exception to this characterization.

Have you ever actual had twat waffles? Frigging delicious. Especially with Maple syrup and whipped cream. Please find another term for the lying, cheating b***h.

I've not had your version of twat waffles, but I find the thought of her being such a one and being somehow delicious even DRENCHED in maple syrup and whipped cream to be categorically impossible. I will, therefor, stick with Lip's appellation and wedge's definition thereof.

 

[Snora]

Shit he owns a business goddamn he couldn't possibly commit a crime. Except when he committed a crime.