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Denied FID renewal

el duderino said:
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.
Click to expand...
Fred retired. I had no reason to think my renewal, in Haverhill again, would be denied based on 14 year old dismissed charges.
 
OMG!
Please retain an experienced 2A attorney. Years ago my wife was ill and her short term disability failed to convert to long term.
I responded to a simple letter from the insurance company seeking "evidence" that her condition had not improved. I sent her ER admission form and four day Hospital stay documentation from her second bought with her condition that happened just days prior to her "initial" denial determination. Guess what? They agreed and paid her benefits for the second stay......Then they said She was all done and I exhausted the one and only appeal. Two lawyers after both told me "why didn't you come to me, you only have one appeal under ERISA, now you're toast"

NEVER represent yourself at any legal proceeding.
 
XavierHaverhill said:
You think I should? Maybe I should reach out to comm2a and goal? You guys are fun
Click to expand...
In post #22 you said you reached out to an attorney and contacted Comm2A.

I once contacted Comm2A about a matter and they suggested an attorney.

If Comm2A suggests an attorney I recommend you use that attorney and use him/her starting immediately.

You need a good strong MA gun law attorney and they are few and far between in MA.

Consider it a gift from God that two of them are posting in this thread.
 
XavierHaverhill said:
You think I should? Maybe I should reach out to comm2a and goal? You guys are fun
Click to expand...

XavierHaverhill said:
I was joking, Jason. I already reach out and have spoken with a lawyer briefly
Click to expand...

See, wasn't that easy? We are a blast here on NES. We hate to see anyone in MA lose their rights arbitrarily so I post, trying to help. Still wish you the best outcome.

Matt
 
Most have been helpful. The lawyer/comm2a over and over does get driven home. I'm waiting to hear about my hearing in court and hopefully retaining a lawyer.
 
The sooner you get a lawyer on it the better, a lawyer at the hearing may save you from needing a lawyer at an appeal, if it's important to you spend the money now, it will be much more expensive to chase it later. Deciding to hire a lawyer the day before a hearing isn't really a wise idea.

Neil Tassel has made a very good point earlier in the thread
 
I want to thank you all for your help. The law states that I will be notified of a hearing within 90 days. At that hearing the police will need to present a "preponderance of evidence" showing that I am a risk should I be allowed to own a firearm and I will need to do the same to show I am not a risk and therefore suitable. I won't elaborate on my evidence versus their evidence. Thanks again!
 
The most important question you should be asking at this hearing is why are you a danger now,
and not all these years that you have owned a gun.Have you done some now that would give
them a reason that you are a danger to the public.
 
XavierHaverhill said:
I want to thank you all for your help. The law states that I will be notified of a hearing within 90 days. At that hearing the police will need to present a "preponderance of evidence" showing that I am a risk should I be allowed to own a firearm and I will need to do the same to show I am not a risk and therefore suitable. I won't elaborate on my evidence versus their evidence. Thanks again!
Click to expand...

I'm quite sure that you believe that is how it is going to go or should I say how it is "supposed" to go. But, being around here for many, many years and seeing 1000's of posts about how things did not go as they were "supposed" to go, all I can say is good luck. I hope you come out on top in all of this, but I wouldn't bet on it.

Again, good luck. Oh, and welcome to the forum!
 
PATRON said:
The most important question you should be asking at this hearing is why are you a danger now,
and not all these years that you have owned a gun.Have you done some now that would give
them a reason that you are a danger to the public.
Click to expand...

If I was such a danger, why didn't they petition to revoke my fid card when the law changed in 2014? Nothing has changed in my record for 14 years
 
XavierHaverhill said:
jpm said:
Did you make sure you disclosed all of your prior charges, arrests, etc on your application?
Click to expand...
Yes. And did that previously in 2012/13. I've been an angel for 14 years.
Click to expand...
The police will compare your submissions
with everything they can access independently.

See below.

XavierHaverhill said:
They also kept my old files from 6 years ago
Click to expand...
"Kept my old files".
Do you currently have a copy of every document you've ever given the police?

XavierHaverhill said:
If I was such a danger, why didn't they petition to revoke my fid card when the law changed in 2014? Nothing has changed in my record for 14 years
Click to expand...
Maybe part of your record was first digitized in the past 14 years,
and this time the police saw files that they've never seen previously.

Do you have a copy of every file the police have access to?
Your lawyer would want to see them,
well before the hearing date.

Do you have a list of every file the police have access to,
so that you can compare it with the list of files you do have?

You should be entitled to get copies of all documents used to determine your suitability.
But for the purposes of the hearing, such a legal right may never have been established.

To the degree that any of the above is valid,
the good Mass. gun lawyers would know it implicitly.

PATRON said:
The most important question you should be asking at this hearing is why are you a danger now,
and not all these years that you have owned a gun.Have you done some now that would give
them a reason that you are a danger to the public.
Click to expand...
A purpose behind finding out before the hearing what evidence the police are using,
is minimize the risk of asking "why am I a danger?" at the hearing
only to have the police give a valid answer to the question.

(One of NES's gun lawyers once found out that
an entirely unrelated person's criminal record
was being used to deny their client.

The mistaken identity probably wasn't discovered at one of these hearings,
but it certainly wasn't resolved at one.
It might be a bit much to expect one of these hearings
to definitively resolve an issue like that.
And delay costs dollars...).
 
AHM said:
The police will compare your submissions
with everything they can access independently.

See below.


"Kept my old files".
Do you currently have a copy of every document you've ever given the police?


Maybe part of your record was first digitized in the past 14 years,
and this time the police saw files that they've never seen previously.

Do you have a copy of every file the police have access to?
Your lawyer would want to see them,
well before the hearing date.

Do you have a list of every file the police have access to,
so that you can compare it with the list of files you do have?

You should be entitled to get copies of all documents used to determine your suitability.
But for the purposes of the hearing, such a legal right may never have been established.

To the degree that any of the above is valid,
the good Mass. gun lawyers would know it implicitly.


A purpose behind finding out before the hearing what evidence the police are using,
is minimize the risk of asking "why am I a danger?" at the hearing
only to have the police give a valid answer to the question.

(One of NES's gun lawyers once found out that
an entirely unrelated person's criminal record
was being used to deny their client.

The mistaken identity probably wasn't discovered at one of these hearings,
but it certainly wasn't resolved at one.
It might be a bit much to expect one of these hearings
to definitively resolve an issue like that.
And delay costs dollars...).
Click to expand...

Everything in my record is known to the police. Nothing new has been added to the system that may have been on paper somewhere. I am not being denied for lying or withholding anything but my record itself. My juvenile record is sealed but there were no disqualifiers, no guilty findings or pleas. They still have my juvenile record in my folder at the station.

The big issue at hand is my arrest at 18 that had multiple counts. It makes for a thick folder even though it was one arrest. Sadly, sealing my adult record wouldn't do much as they kept everything from six years ago .
 
XavierHaverhill said:
Sadly, sealing my adult record wouldn't do much as they kept everything from six years ago .
Click to expand...

Sealing your record only hides it from employers and landlords. The police can still see it.

I had a client who's former attorney helped him seal his records and told him to go ahead and write "No" on his FID Application regarding arrests. The chief was ready to file criminal charges for lying on the application.

All that did was make my job harder. I had to unseal his record, and vacate his conviction. There was no good reason to seal his records again since he was self employed and owned his own home.
 
el duderino said:
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.
Click to expand...
Fred corthell retired last fall

Reading this post concerns me as a haverhill resident as I've never before heard of any renewal denials coming out of haverhill and fred kept haverhill as green as green could be for many many years. I hope this isn't a sign of things to come. The mayor of haverhill has stayed out of the fire arms licensing game since 2004 when he was first elected......but I know from his social media presence hes a Democrat and pro gun control. I hope the new licensing officer isn't a lackey for a new agenda.
 
Last edited:
swatgig said:
Sealing your record only hides it from employers and landlords. The police can still see it.

I had a client who's former attorney helped him seal his records and told him to go ahead and write "No" on his FID Application regarding arrests. The chief was ready to file criminal charges for lying on the application.

All that did was make my job harder. I had to unseal his record, and vacate his conviction. There was no good reason to seal his records again since he was self employed and owned his own home.
Click to expand...
I would never lie on the application. Fred had told me to seal my record so the chief would see "record sealed no disqualifiers" and hopefully not push to open the record. I actually submitted the seal request last year and they told me it was the wrong form...even though it was the form on the website!
 
whacko said:
Fred corthell retired last fall

Reading this post concerns me as a haverhill resident as I've never before heard of any renewal denials coming out of haverhill and fred kept haverhill as green as green could be for many many years. I hope this isn't a sign of things to come. The mayor of haverhill has stayed out of the fire arms licensing game since 2004 when he was first elected......but I know from his social media presence hes a Democrat and pro gun control. I hope the new licensing officer isn't a lackey for a new agenda.
Click to expand...
Detective Benedetti is the new lo but Captain Doherty makes the final call. I don't understand a system where two people are involved and the one making the decision never meets you.
 
garandman said:
As long as you don’t claim to support 2A, that’s an option.
Click to expand...

I disagree with you completely. I strongly support 2a. The problem with doing it from MA (born, raised, lived for 30+ years) is the rigged politics make your efforts almost useless. I'm not a masochist. Suggesting I dont support 2a with my beliefs, actions and dollars is not accurate.
 

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