Denied LTC- What are my next options

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Castro

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Hi All,

So I applied for my LTC in Boston on January 17th and submitted my application with the answered "No" on Question 10- Have you ever appeared in any court as a defendant for any criminal offense (excluding non- criminal traffic offenses)? the reason I was arrested in 2005 for driving with a suspended license. I live in Boston but at the time I dormed at college at Bridgewater State College and never went home while in school so l never received my mail. I answered No because i was under the assuption that my offense was non criminal as i went to the registry the next day and got my license reinstated.
I received my CORI with no records of the arrest. On Monday i will consult a lawyer and will also go to the RMV and get my driving record. I have been ticket free for 7 years BTW.
What are my options? Appeal hoping that if I unknowgly lied on my application, it will get over turned? Re-apply? If appeal is granted, i have police reports documenting proof that my house was broken into 3 times since 2005.
 
Happened to me, it is driving without a license, and it is a criminal offense, so the LTC officer told me. She let me fix and initial it on the app in the office otherwise its considered lying on the application.
 
Scarab440 said:
You can get your driving record online.

https://secure.rmv.state.ma.us/DrvRecords/intro.aspx

you were actually arrested? Or your license was suspended and then reinstated?
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I was pulled over for running a yellow light, comes back and tells me my license was suspended. I told him I'm in school and not at home so if they mailed me a letter I wouldn't get it until may when I graduated. I was arrested and released 15 minutes later. Went to court on Monday, told the judge my story. He throw out my ticket for running the light, told me to go straight to the registry which I already had planned to do and that's it. The only thing I had to do was pay a $100 court fine which is a sign of good face because it went for brain research.
 
I just looked it up - apparently, driving in MA with a suspended licene IS a criminal offense, so it sounds like you were denied for lying on the application. When I was applying, I was told it's better to be more open and have them say "that's no big deal" than to leave off anything that could possibly be counted against you. Pretty sure it also says something like that on the application. I think a specialty lawyer is your best bet. I don't know how lenient they'll be with the "lying" part of it, though. As they say, ignorance of the law is no excuse.

Best of luck.
 
Yeah like I said, I was unaware that it was a criminal offense. I guess I should have done more research before I submitted my application.
 
Lawyer up and stop posting about it. There's nothing else you can say online about it that is going to help you, and probably more than can hurt you. Hopefully things work out, but expect to lay out some cash for legal services at the minimum.
 
Bummer Dude. I would be willing to bet that you were not denied for the offense, but for not disclosing it on the application. That sucks. They just look for a reason to deny you.
 
I would think you could just re-apply, may cost you another $100 but thats cheaper than getting a lawyer? You were denied for 'lying' on the app. Start over again and answer yes to question 10.
 
In this order:
1. Delete all your posts NOW have mods delete any posts where you were quoted.
2. Contact Comm2A ASAP
3. Contact a competent firearms attorney, such as Keith Langer. Do not under any circumstances retain Jesse Cohen. Do this the very first thing in the morning.

Do not under any circumstances discuss your case on an Internet forum.
 
Castro said:
I was pulled over for running a yellow light, comes back and tells me my license was suspended. I told him I'm in school and not at home so if they mailed me a letter I wouldn't get it until may when I graduated. I was arrested and released 15 minutes later. Went to court on Monday, told the judge my story. He throw out my ticket for running the light, told me to go straight to the registry which I already had planned to do and that's it. The only thing I had to do was pay a $100 court fine which is a sign of good face because it went for brain research.
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Sorry, but you lied on the application. Personally, I would have called you in to have a "come to Jesus" talk, and probably still issue the LTC. To tell us that you had no idea you were charged criminally is just plain silly. You went to court. You appeared before a judge. He ordered you to get your license issue fixed. I wish you the best, and it's a piss poor reason for denial......but not the fault of the issuing officer.
 
Glasgow Grin said:
Sorry, but you lied on the application. Personally, I would have called you in to have a "come to Jesus" talk, and probably still issue the LTC. To tell us that you had no idea you were charged criminally is just plain silly. You went to court. You appeared before a judge. He ordered you to get your license issue fixed. I wish you the best, and it's a piss poor reason for denial......but not the fault of the issuing officer.
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I've been to court a number of times on motor vehicle charges. 99% of all motor vehicle offenses are non-criminal and you can still go to court to fight them. Its an easy mistake to make.

It might make sense to get your FID card first. Just a thought. I'm no expert on this.
 
TimMcG74 said:
Technically speaking, whether you intended to or not, you lied on the application. Call Comm 2A.
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As George Costanza said, it's not a lie if you believe it. What happened here, most likely, is that an honest but naive person got caught in a perjury trap.
 
Before you go calling Jesse or anyone, I'd suggest writing to the chief.
When I first applied, I was denied to to some juvenile run ins with the law that I thought were sealed. After he denied me, I wrote him a letter basically stating hat I would go through the appeal process if I had to, but I felt we could probably work it out as that just causes a hassle for everyone. He agree'd I went back in to the station and he sent my license in after I literally just copied down what they pulled of my record onto my application. He said they automatically deny anyone's record that does not match and most people just go on their way and never contact them or appeal. And most people figure if they don't have a guilty verdict, it's not on your record, but they have everything.
 
MisterHappy said:
Lawyer up. If the denial has been made, Interweb advice is not what you need.

Good luck.
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^^^^^^^^^^^Absolutely THIS, been there, done that. Consult with a lawyer, keep it off the web and be organised with the paperwork you wii aquire, produce and/or submit and any deadlines you are given. It can be a simple or complex process based on your situation. In the end my situation was cleared and my LTC-A is alive and intact. BEST of luck!!!!
 
exodious said:
Lawyer up and stop posting about it. There's nothing else you can say online about it that is going to help you, and probably more than can hurt you. Hopefully things work out, but expect to lay out some cash for legal services at the minimum.
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This big time!
 
dcmdon said:
what he did was not criminal. Google absence of malice.
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Google MGL. C.140 s. 129B(8) and 131(H).

I'm not getting into a pissing match with wannabe lawyers. I know what the law says. He lied on his application. Do I agree with the law? No. However, the licensing officer is bound by it. If your position is that the licensing officer should just overlook it, then perhaps you should also just say "screw it" and carry without a LTC. Makes as much sense.
 
Driving without a license, insurance, or registration IS a criminal offense in Mass. Malice or lack thereof is irrelevant. The law is the law. Technically you should have answered yes and wrote in an explanation.

Now this is presumption on my part - but the licensing authority probably found an arrest that you didn't disclose and explain. That was the reason for the denial. Now that you have been denied I BELIEVE you're disqualified for life - unless you turn it over on appeal.

You need a lawyer at this point. I would agree to avoid Jesse Cohen. I would contact the Armed citizen's legal defense network.
Armed Citizens' Legal Defense Network, Inc.
See if they can point you in the right direction. OR Comm2A.
 
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