Denied FID renewal

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Got my FID in 2013 and a shotgun and a safe. My FID expired in April so I made sure to have my interview in February. April roles around and no news. State says it's waiting on Haverhill. May roles around, same deal. I finally email the detective and he call me back. I'm working so I don't answer. I call him, no answer and he emails me back saying the captain had an issue with my record.

Called the state a week after and was told I'm approved and it's being printed! Squeaky wheel!

Yesterday I got a letter stating the are petitioning the court to deny me based on my "extensive criminal record."

I don't have the money to take this to court. Everything looks like it's $200 just to file the appeal. What should I do?
 
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jpm

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Did you make sure you disclosed all of your prior charges, arrests, etc on your application?
 
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Some folks never learn.
Well I reached out to comm2a. I have a friend who is taking transfer of my gun. Deleting this thread isn't going to help anything... I have 90 days to appeal, and I will do that.

The law states that the court will hold a hearing, but doesn't say if I'm inviting. It also says with 90/15/75 days. No details on how the hearing works
 

headednorth

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I'd contact Comm2A. If they cant help, they can at the very least refer you to someone who can.

As far as erasing the thread, board is monitored by LE and anything you write here can be used against you potentially. May be just paranoia, but you'll get better advice from a lawyer than random people on the internet so why risk it.
 

42!

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You definitely should be notified and can appear.
It's an administrative hearing, not a trial. The standard of evidence is very low, hearsay is admissible.
You have no chance alone and slim with an attorney, you should plan on appealing the finding.
The standard in the current law is "risk to public safety", but judges are more than happy yo use the old standard of "broad discretion" they may even cite it in their finding.
Assuming you disclosed everything, nothing has happened since then, and it's a renewal, you may actually have a chance. The standard has been lower since 2013. The logic that it wasn't bad enough then so it's not bad enough now might work, CALL A LAWYER!

This all assumes it's a suitability denial, and not a past criminal record catching up with you.

Don't comment on specifics, but let us know how it works out.
 
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Suitability. I also obeyed the order to surrender my firearm. Sad day.

You definitely should be notified and can appear.
It's an administrative hearing, not a trial. The standard of evidence is very low, hearsay is admissible.
You have no chance alone and slim with an attorney, you should plan on appealing the finding.
The standard in the current law is "risk to public safety", but judges are more than happy yo use the old standard of "broad discretion" they may even cite it in their finding.
Assuming you disclosed everything, nothing has happened since then, and it's a renewal, you may actually have a chance. The standard has been lower since 2013. The logic that it wasn't bad enough then so it's not bad enough now might work, CALL A LAWYER!

This all assumes it's a suitability denial, and not a past criminal record catching up with you.

Don't comment on specifics, but let us know how it works out.
 

42!

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Is it the same Licensing Officer/town for the renewal as the original. I have to say it's weird to get a suitability denial on a renew unless something changed.

Contact a lawyer, make sure it's one specializing in firearms law. If he isn't known on NES he isn't worth it. I didn't find Comm2a to be any help but circumstances differ and it's worth reaching out to them. Your history will play a big part.

I'd be willing to trade details/experiences but it would be via PM, and since you're new and not even Green you get to go first.

As always, I am not a lawyer. I offer my opinions and nothing more.
 

swatgig

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Well I reached out to comm2a. I have a friend who is taking transfer of my gun. Deleting this thread isn't going to help anything... I have 90 days to appeal, and I will do that.

The law states that the court will hold a hearing, but doesn't say if I'm inviting. It also says with 90/15/75 days. No details on how the hearing works
The hearing works as defined in Chapter 140, Section 129B (1 1/2). You will receive a notice from the court. There's nothing to appeal (yet), so put away your $200.

In 2014, the law changed allowing a police chief to deny/suspend/revoke an FID based on suitability. Before that, the FID was a SHALL ISSUE. It's not anymore, but the chief has to ask the court to do his dirty work.

(11/2)(a) Notwithstanding paragraph (1) to the contrary, the licensing authority may file a petition to request that an applicant be denied the issuance or renewal of a firearm identification card, or to suspend or revoke such a card in the district court of jurisdiction. If the licensing authority files any such petition it shall be accompanied by written notice to the applicant describing the specific evidence in the petition. Such petition shall be founded upon a written statement of the reasons for supporting a finding of unsuitability pursuant to subsection (d).

(b) Upon the filing of a petition to deny the issuance or renewal of a firearm identification card, the court shall within 90 days hold a hearing to determine if the applicant is unsuitable under subsection (d) of this paragraph. Such a petition shall serve to stay the issuance or renewal of the firearm identification card pending a judicial determination on such petition.

(c) Upon the filing of a petition to suspend or revoke a firearm identification card, the court shall within 15 days determine whether there is sufficient evidence to support a finding that the applicant is unsuitable. Such petition shall serve to effect the suspension or revocation pending a judicial determination on the sufficiency of evidence. If a court determines that insufficient evidence exists to support a finding of unsuitability, the licensing authority shall not file a petition under this subsection for the same applicant within 75 days of the licensing authority's previous petition for that applicant. If a court determines that sufficient evidence exists to support a finding of unsuitability, the court shall within 75 days hold a hearing to determine if the applicant is unsuitable under subsection (d); provided, however, that such initial suspension or revocation shall remain in effect pending a judicial determination thereon.

(d) A determination of unsuitability shall be based on a preponderance of evidence that there exists: (i) reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior to suggest the applicant could potentially create a risk to public safety; or (ii) existing factors that suggest that the applicant could potentially create a risk to public safety. If a court enters a judgment that an applicant is unsuitable the court shall notify the applicant in a writing setting forth the specific reasons for such determination. If a court has not entered a judgment that an applicant is unsuitable under this clause within 90 days for petitions under clause (ii) or within 75 days under clause (iii), the court shall enter a judgment that the applicant is suitable for the purposes of this paragraph.
 
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I can't seem to find anyone else that has dealt with this. The law says what is supposed to happen so I'll try to keep the faith
 

SERE

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I think you're in a very good position to win the fid if they seek judicial disapproval. You've had access to guns all this time with no concerns. That's good proof of suitability.
The hearing works as defined in Chapter 140, Section 129B (1 1/2). You will receive a notice from the court. There's nothing to appeal (yet), so put away your $200.

In 2014, the law changed allowing a police chief to deny/suspend/revoke an FID based on suitability. Before that, the FID was a SHALL ISSUE. It's not anymore, but the chief has to ask the court to do his dirty work.
I can't seem to find anyone else that has dealt with this. The law says what is supposed to happen so I'll try to keep the faith
Listen to nstassel and swatgig. Go read some of their posts, then be happy you found them. Good luck.
 

M1911

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I can't seem to find anyone else that has dealt with this. The law says what is supposed to happen so I'll try to keep the faith
nstassel and swatgig are attorneys. Listen to them. Call Comm2a. You will need an attorney to represent you in the FID hearing. Call up a competent firearms attorney (like Neil Tassel or Jason Guida) and ask them how much it would cost to represent you in this matter if Comm2a is unable to do so.
 
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Thanks. I will try to retain a lawyer for the appeal. For the initial hearing I will be there myself. I will be studying the laws and putting my public speaking classes to the test. I am fortunate to be cool under pressure and fairly intelligent
 
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This one is not passing the sniff test for me. Several have given the OP the suggestion to reach out to 2A, several have given other suggestions. OP continues to tell us why he cant or makes some other incoherent statement. Just saying...o_O
I have reached out to a lawyer and comm2a. I haven't continued to give excuses. I don't think I am being incoherent in the least. If you eouwo like my replies in the form of an essay I would be happy to do that.
 

M1911

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Thanks. I will try to retain a lawyer for the appeal. For the initial hearing I will be there myself. I will be studying the laws and putting my public speaking classes to the test. I am fortunate to be cool under pressure and fairly intelligent
I strongly suggest that you have an attorney for the initial hearing. When it comes to legal proceedings, if you make a mistake early on it can be difficult (read expensive) or impossible to recover from it later.
 

SERE

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This one is not passing the sniff test for me. Several have given the OP the suggestion to reach out to 2A, several have given other suggestions. OP continues to tell us why he cant or makes some other incoherent statement. Just saying...o_O
Thanks. I will try to retain a lawyer for the appeal. For the initial hearing I will be there myself. I will be studying the laws and putting my public speaking classes to the test. I am fortunate to be cool under pressure and fairly intelligent
So, you are going to represent yourself? Seeing as you came here to NES to ask about the laws I wouldn't be betting against the complexities of MA gun laws. They are not your friend.

"A man who is his own lawyer has a fool for his client"

 

HorizontalHunter

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I have reached out to a lawyer and comm2a. I haven't continued to give excuses. I don't think I am being incoherent in the least. If you eouwo like my replies in the form of an essay I would be happy to do that.
LOL you’ll fit right in to the NES community.

Lots of great advice above. Have good legal representation for the hearing. It will cost you some $$ up front but it will be cheaper in the long run. It ups the odds of winning at the hearing. It also sets the ground work if it goes further. It will also keep you from saying something stupid and shooting yourself in the foot.

Remember the hearing is in “their” house under “their” rules and you won’t even know all the rules.

Good luck.

Bob
 

SgtHal75

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Thanks. I will try to retain a lawyer for the appeal. For the initial hearing I will be there myself. I will be studying the laws and putting my public speaking classes to the test. I am fortunate to be cool under pressure and fairly intelligent
“U can get a good look at a T-bone steak by sticking your head up a bull’s ass but I would take the butchers word for it” Tommy Boy. DUDE!...get some competent representation and don’t be foolish! Good luck
 

el duderino

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Is Fred still the LO in Haverhill? They have always been very LTC-A unrestricted friendly even when the chief and mayor aren't completely. I always tell people, if you think you'll be denied in MA, don't even apply because getting denied can follow you to other states.
 

Chevy 2 65

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I'd contact Comm2A. If they cant help, they can at the very least refer you to someone who can.

As far as erasing the thread, board is monitored by LE and anything you write here can be used against you potentially. May be just paranoia, but you'll get better advice from a lawyer than random people on the internet so why risk it.
Listen to the advice above
 
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