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Comm2A Wins in Federal Court - Mass Alienage Ban Overturned
- Thread starter drewh14
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I wouldn't say they 'caved' per se. I think they realize there's just no where for them to go with it.
We should have more on the implementation by week's end. There appears to have been a failure to communicate with at least a couple of police departments and we need to give them a sporting chance to understand the ruling. We'll be busy enough chasing the departments that think the ruling doesn't apply to them that I don't want to waste time dragging into court those that are merely ignorant.
The ruling technically was effective immediately back on March 30th, but that was subject to reversal on appeal. Now that an appeal is a thing of the past, the state is expected to get cracking on a procedure for getting these licenses issued. Comm2A appears to have a stack of applications ready to go any day now. If those get stonewalled, more court action will follow.
I'm just an amateur following this stuff, but I think that's the gist of it.
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Yup, that's correct. We are prepared to defend the ruling and have a lawyer ready to go, but it's a waste of every one's time to be rash and not give them a few weeks (which are now over) to figure out what they want to do and do it. Brent emailed the green card holders today and he will continue to follow up with them through the process.
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
![[laugh2]](/xen/styles/default/xenforo/smilies.vb/014.gif "Laugh at above [laugh2]")
Yup, they will "get cracking on it" just like they did when LEOSA became law . . . it took FOUR YEARS for them to develop a procedure . . . one that violates the Fed law in multiple areas. Now that LEOSA changed 2 years ago there has been NO movement on changing MA procedures to comply. It's just the way we do business in this hellhole!
I expect that EOPS will drag their feet for a year or two "developing a procedure". More likely Comm2A will hand their heads to them again in Fed court before EOPS drafts anything.
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To paraphrase Al Capone, more can be accomplished with a kind word and credible threat of federal litigation than a kind word alone. I would venture a guess that the LEOSA situation would have moved a bit more quickly if :
(a) The state was facing an LEOSA requirement because of a federal suit they lost
(b) The state was facing the virtual certainty of paying plaintiff's legal fees under 42USC1983 claim.
(c) Said plaintiff was polite and professional in its dealings, but made it obvious the case was not going to dry up and blow away if ignored.
Remember, this was litigation with professionals on each end. In the end, I expect that the attorneys representing the state will adhere to professional standards and give the court and legal system the respect it is due.
You have a higher opinion of them than I do. When I think of them, the word "professional" doesn't come to mind!
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
This. At least with respect to the state players. Results will vary when it comes to the individual police officers.
This would tend to indicate that the state plans to continue treating aliens differently from US citizens. That in and of itself is likely a 14th Amendment equal protection violation. Forget the Second Amendment aspects for a minute. The point is that people largely have the same rights regardless of who they are, where they come from, etc.
The only thing I'm aware of that might need to be changed is that MIRCS may not accept an application unless the user indicates that the applicant is a US Citizen. That should be a minor programming change and NOT a reason to delay implementing the court's ruling.
We're watching this...
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
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That is not how this one is playing out.
We did send a press release to all the media outlets we have on file. Tonight or tomorrow I'll be giving all of the aliens in our database final instructions on how to apply for their licenses. There are some short-term process exceptions they'll have to deal with, but the state is addressing them and is committed to making implementation of the court's ruling as smooth as possible. I'll post that information here as well once I've distributed it.
Awesome. Great job Comm2A. I love reading your updates because they are always HUGE news and never bad news.
This will put a chink the armor of Mass. Gun Laws and every little chink and crack helps restore the 2nd Amendment in Massachusetts.
This will put a chink the armor of Mass. Gun Laws and every little chink and crack helps restore the 2nd Amendment in Massachusetts.
Alien Application Information
I’m happy to report that police departments are now accepting LTC applications from green card holders. Some are even very happy to do so.
There are a few minor issues however that the state is working to address. They are doing what they can to comply with the court’s ruling and have demonstrated every intention of making this process work. MIRCS is not able to process applications for non-citizens and it will take the state "several months" to make the required software updates. In the meantime the state is issuing old style paper licenses to green card holders.
If necessary, green card holders wishing to submit an application to their local police department should inform the licensing officer that MIRCS will not accept application from aliens and that they should contact the FRB who will walk them through the process of issuing a paper license.
Any green card holder who is turned away or experiences any other submitting an application should contact Comm2A ([email protected]) immediately for further instructions.
There are a couple more things to keep in mind. Applicants should not need to provide a home country criminal background check. Permission to reside in the US is contingent upon having already passed such a criminal background check. Similarly, suitability should not be an issue for any alien as a determination of “good moral character” is a requirement for obtaining residency status in the US.
Again, this ruling only extends to permanent residents. Any aliens residing in Massachusetts on a non-immigrant visa who are interested in pursuing an LTC should contact Comm2A to discuss their options.
I’m happy to report that police departments are now accepting LTC applications from green card holders. Some are even very happy to do so.
There are a few minor issues however that the state is working to address. They are doing what they can to comply with the court’s ruling and have demonstrated every intention of making this process work. MIRCS is not able to process applications for non-citizens and it will take the state "several months" to make the required software updates. In the meantime the state is issuing old style paper licenses to green card holders.
If necessary, green card holders wishing to submit an application to their local police department should inform the licensing officer that MIRCS will not accept application from aliens and that they should contact the FRB who will walk them through the process of issuing a paper license.
Any green card holder who is turned away or experiences any other submitting an application should contact Comm2A ([email protected]) immediately for further instructions.
There are a couple more things to keep in mind. Applicants should not need to provide a home country criminal background check. Permission to reside in the US is contingent upon having already passed such a criminal background check. Similarly, suitability should not be an issue for any alien as a determination of “good moral character” is a requirement for obtaining residency status in the US.
Again, this ruling only extends to permanent residents. Any aliens residing in Massachusetts on a non-immigrant visa who are interested in pursuing an LTC should contact Comm2A to discuss their options.
![[cheers]](/xen/styles/default/xenforo/smilies.vb/018.gif "Cheers [cheers]")
![[bow]](/xen/styles/default/xenforo/smilies.vb/027.gif "Bow [bow]")
From time to time we get an email that really makes us feel good about what we do. He's one I got from a green card holder this morning. It just warms my heart.
In all fairness, the state appears to be doing their part to make this change work as smoothly as possible. While some PDs are slow on the uptake, EOPSS and the AG's office are seem to be doing what's required.
This is from a citizen of the People's Republic of China. Sometime people have to go to great lengths to exercise their rights. Aliens who live among us often appreciate that their rights are protected here in ways they are not in their home countries.
In all fairness, the state appears to be doing their part to make this change work as smoothly as possible. While some PDs are slow on the uptake, EOPSS and the AG's office are seem to be doing what's required.
My British friend called me last night as she was filling out her application with glee... "should I apply for an A or a B?" Hehehe... I love the easy questions.
Now my wife and I just need to make time to get hers submitted...
THANK YOU COMM2A!!
Update
This processing is moving ahead with mixed results. Some towns are aware of the ruling and have been very good and accommodating, others not so much.
I'm not sure if the FRB didn't bother to get the word out or if the licensing officers just don't read their messages. Either way awareness of the change is pretty low. One licensing officer even told an applicant that even though there's a federal court ruling [that the law is unconstitutional], the legislature hasn't changed the law so he has to continuing enforcing the [unconstitutional] law.
This processing is moving ahead with mixed results. Some towns are aware of the ruling and have been very good and accommodating, others not so much.
I'm not sure if the FRB didn't bother to get the word out or if the licensing officers just don't read their messages. Either way awareness of the change is pretty low. One licensing officer even told an applicant that even though there's a federal court ruling [that the law is unconstitutional], the legislature hasn't changed the law so he has to continuing enforcing the [unconstitutional] law.
You really should do this. I bet a little goes a long way. Put it on some sort of letterhead with a fancy seal on it just for good measure, then mail, email, and FAX it to them. The fax often comes into dispatch, who will post it right there, which is where people who come in for applications go.
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Chief Glidden's training organization is giving a seminar the 21st, primarily targets at police departments. Quite a few departments send their licensing officer, and I expect that the current information will be presented (Attorney Guida often attends to answer any FRB related questions).
I live in a fairly green town, but their position is "Until we get notice, we tell aliens to go to the state", followed by "that will change if we learn anything new at Glidden's class on the 21st". Some of these departments just need someone they recognize as an authority figure to tell them what they should be doing.
I expect the scope of the problem will decrease as information diffuses, but it may indeed take some corrective action to make sure that the PDs that are slow to get the message understand what the word "order" in "court order" means.
Perhaps an introduction to 42 USC 1983 will be in order
.
I live in a fairly green town, but their position is "Until we get notice, we tell aliens to go to the state", followed by "that will change if we learn anything new at Glidden's class on the 21st". Some of these departments just need someone they recognize as an authority figure to tell them what they should be doing.
I expect the scope of the problem will decrease as information diffuses, but it may indeed take some corrective action to make sure that the PDs that are slow to get the message understand what the word "order" in "court order" means.
Perhaps an introduction to 42 USC 1983 will be in order
.
That is so full of WIN!
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