Denied LTC- What are my next options

Castro said:
So I get the letter my denial letter today and found out the reason why....all I can do is laugh. Lets just say its not fun having a twin brother with a similar name who has an open case. FML
Click to expand...

Ha. Good luck with that. My grandfather had a Felon for a cousin with the same name. It was a nuisance for his entire life. Pistol permits, mortgage applications. He got arrested when a cop pulled him over for a minor infraction because his cousin had a suspended license and a warrant for a failure to appear on a reckless driving arrest, and the cop thought the license my grandfather gave him was a fake. Fun Fun fun.
 
Castro said:
So I get the letter my denial letter today and found out the reason why....all I can do is laugh. Lets just say its not fun having a twin brother with a similar name who has an open case. FML
Click to expand...

Isn't that the point of filling out your social security number or drivers license number on the application?
 
Glasgow Grin said:
Does he also have a similar social security number?
Click to expand...
Yes same first 5 numbers, different last 4. Both our names begin with J. I live in Boston and he lives in NY. When he got arrested, he was driving my car. That would be the only reason why my name would appear on that report I assume.
 
dcmdon said:
They do a surprising amount just by name.

I have the same name as my father and his history is constantly ending up on my credit report. Different address, social, DOB, etc.
Click to expand...


My husband's father (who has been deceased for 20+ years) has been on his credit report too. Same name but different DOB and Social. We've fought the credit agencies/card companies numerous times to get it fixed but it's like [horse]
 
See, this is why a sit-down with the LO might yield proper results.

You can always sue, but after paying all the legal expenses and wasting a year or more in court, the results should be the same.
 
LenS said:
You can always sue, but after paying all the legal expenses and wasting a year or more in court, the results should be the same.
Click to expand...

I disagree that the results should be the same.

If you sue, the city/town's legal department has a duty to go into full battle mode and do its best to deny your license. If you sit down with the LO, s/he may be reasonable.

Sitting down with LO does not prevent you from suing as long as you are within the time frame. Be leery if the LO delays the sit-down. I think you've only got 90 days to file the appeal. If you have your sit-down on day 89, you may have blown it.
 
Castro said:
Yes same first 5 numbers, different last 4. Both our names begin with J. I live in Boston and he lives in NY. When he got arrested, he was driving my car. That would be the only reason why my name would appear on that report I assume.
Click to expand...

I'm confused. You said in the original post that you were arrested and appeared in court for a possibly criminal matter, but still answered "no" on question 10. Are you worried about this?
 
No I answered the question NO because I was under the impression that driving with a suspended license was non criminal traffic offense. I have nothing to hide and my CORI report is clean. I went to the courthouse today an got my name cleared off of my brothers case, got a Court seal documenting the change and will present with my lawyer in hopes of overturning my denial.
 
One of the nice things about Arlington is that if you tell them about something marginal, they don't care. I told them about a breach of peace that was dismissed when I was in college. They looked at me like "yeah, so?"

In CT, where the arrest occurred, any and all records associated with a dismissed case or a finding at trial of not-guilty MUST be removed from all court, arrest, and criminal files.
CHAPTER 961a* CRIMINAL RECORDS

Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.

So I was pretty confident there was nothing there. But since my town was a green town, i figured I had nothing to lose by divulging the info.
I did appear as a defendant, however the judge told me "This didn't happen. You can legally answer NO to any question about this arrest or trial."
I think "legal fiction" is the correct term.

Don
 
i answered yes to #10 in a red town. driving with a suspended license. I wasn't arrested, but had to appear in court. Called the officer the next day and asked if that would be a problem. They laughed and said no. They said they wouldn't have taken my 100 if they thought it would be a problem and just wanted to see if i would be upfront with them.
 
dcmdon said:
One of the nice things about Arlington is that if you tell them about something marginal, they don't care. I told them about a breach of peace that was dismissed when I was in college. They looked at me like "yeah, so?"

In CT, where the arrest occurred, any and all records associated with a dismissed case or a finding at trial of not-guilty MUST be removed from all court, arrest, and criminal files.
CHAPTER 961a* CRIMINAL RECORDS

Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.

So I was pretty confident there was nothing there. But since my town was a green town, i figured I had nothing to lose by divulging the info.
I did appear as a defendant, however the judge told me "This didn't happen. You can legally answer NO to any question about this arrest or trial."
I think "legal fiction" is the correct term.

Don
Click to expand...

Don, legal fiction defines MA! No such thing in MA as expungement, even if it was a "mistaken identity" arrest! Everything is see-able for LTC/FID applications, so it is a must to disclose everything.


Knicks said:
i answered yes to #10 in a red town. driving with a suspended license. I wasn't arrested, but had to appear in court. Called the officer the next day and asked if that would be a problem. They laughed and said no. They said they wouldn't have taken my 100 if they thought it would be a problem and just wanted to see if i would be upfront with them.
Click to expand...

Yes, it is mostly a "truth test". They will find out anyway but are just testing applicants' honesty. Fail that test and in most cases you will be denied (and it is all nice and legal per MGL).
 
LenS said:
See, this is why a sit-down with the LO might yield proper results.

You can always sue, but after paying all the legal expenses and wasting a year or more in court, the results should be the same.
Click to expand...

Seriously, a sit down is waaaaaayyyy cheaper.
 
Last edited:
Roscoe said:
Seriously, a sit down is waaaaaayyyy cheaper. Go the lawyer route only if you have too....

I have spent a bunch of time in court (got my latest summons a few weeks ago...) for divorce bullcrap, lawyers are a friggin expensive, blunt instrument.
Click to expand...

A good attorney will coach you on how to handle the sit-down, or even assist with that process. It is often possible to negotiate a denial in cases like this, however, it depends entirely on the licensing officer and the ability of the applicant to convince him/her there was no intent to deceive. Legal counsel can help the applicant avoid digging a deeper hole.
 
dcmdon said:
what he did was not criminal. Google absence of malice.
Click to expand...

I disagree with Glasgow that this was a lie as there doesn't appear to be any malice or intent to decieve in his answer. All evidence points to this being a mistake regarding the OP's understanding of the law. It should matter whether the statement was KNOWINGLY false.

However, he is correct that a 90/23 suspended license violation is indeed a criminal offense, and thus the OP did in fact give an incorrect answer and untruthful response to the question.

The real question is whether Boston is using this simple mistake as a simple pretext to deny the license. There's really no reason to ask the question, seeing they can already look up the answer on their own. It seems as if it exists simply to trip up applicants.

Contact a lawyer.
 
bill o said:
In which town are you the firearms licensing officer?
Click to expand...

Why do you ask? Because my NES demeanor doesn't suit your preconceived notion of a public servant? Trust me. I do a lot to help the 2a cause. The anti-LEO bullshit here just gets old. Not all PO are your enemy. Some of us come here to help.
 
OfficerObie59 said:
I disagree with Glasgow that this was a lie as there doesn't appear to be any malice or intent to decieve in his answer. All evidence points to this being a mistake regarding the OP's understanding of the law. It should matter whether the statement was KNOWINGLY false.

However, he is correct that a 90/23 suspended license violation is indeed a criminal offense, and thus the OP did in fact give an incorrect answer and untruthful response to the question.

The real question is whether Boston is using this simple mistake as a simple pretext to deny the license. There's really no reason to ask the question, seeing they can already look up the answer on their own. It seems as if it exists simply to trip up applicants.

Contact a lawyer.
Click to expand...

THANK YOU. I've been saying this all along. Its not a lie, and its not illegal if the person does not KNOWINGLY say/write something that is not true.

Don

p.s. I've always found it interesting that the Government is allowed to lie to you in an effort to get information, but you are not allowed to lie to the Government.
 
My lawyer agrees that it was a simple mistake and the fact that it does not appear on my CORI is unclear. We have submitted a formal appeal to the LT. with all the facts to overturn the decision for which I was denied in hopes to avoid the litigation process.
 
I agree with this 100%. I was trying to answer the question in the context that it will be answered by "the system". I don't even feel that most of the disqualifiers should be considered at all, but I didn't make the rules. Anyone who has spent time in a court will tell you, it doesn't matter what the truth is....it's all up to the judge's interpretation. Therefore, even though he did not "intentionally" lie, it WILL be viewed as a lie by the court. It sucks. The whole sysytem was intended to strip rights from people. But I was trying to help.
dcmdon said:
THANK YOU. I've been saying this all along. Its not a lie, and its not illegal if the person does not KNOWINGLY say/write something that is not true.

Don

p.s. I've always found it interesting that the Government is allowed to lie to you in an effort to get information, but you are not allowed to lie to the Government.
Click to expand...
 
Update as of 5/28,

My appeal was a success and my denial has been overturned and my license should arrive in 2 weeks. In the 2 months appeal process, the city of boston was hesitant to overturn a denial even if it was by mistake. After my lawyer threaten litigation, the LT decided to allow me to reapply but the denial would stay on my record. We did not agree with the decision and turned it down. My attorney called me today and informed me that the LT called FRB and had my decision reversed. He told my attorney in the future, just take them to court....lol.

- - - Updated - - -

Update as of 5/28,

My appeal was a success and my denial has been overturned and my license should arrive in 2 weeks. In the 2 months appeal process, the city of boston was hesitant to overturn a denial even if it was by mistake. After my lawyer threaten litigation, the LT decided to allow me to reapply but the denial would stay on my record. We did not agree with the decision and turned it down. My attorney called me today and informed me that the LT called FRB and had my decision reversed. He told my attorney in the future, just take them to court....lol.
 
Castro said:
Update as of 5/28,

My appeal was a success and my denial has been overturned and my license should arrive in 2 weeks. In the 2 months appeal process, the city of boston was hesitant to overturn a denial even if it was by mistake. After my lawyer threaten litigation, the LT decided to allow me to reapply but the denial would stay on my record. We did not agree with the decision and turned it down. My attorney called me today and informed me that the LT called FRB and had my decision reversed. He told my attorney in the future, just take them to court....lol.

- - - Updated - - -

Update as of 5/28,

My appeal was a success and my denial has been overturned and my license should arrive in 2 weeks. In the 2 months appeal process, the city of boston was hesitant to overturn a denial even if it was by mistake. After my lawyer threaten litigation, the LT decided to allow me to reapply but the denial would stay on my record. We did not agree with the decision and turned it down. My attorney called me today and informed me that the LT called FRB and had my decision reversed. He told my attorney in the future, just take them to court....lol.
Click to expand...



Before you get to excited wait until you have your license in hand. A friend of mine has his license for years and when he applied for his C&R the feds saw a juvenile case and questioned MA why he had a permit to begin with. The state / city immediately revoked his license and he was a Police Officer. He fought it and won. The judge told the issuing city to re-instate his license.......it's been over a year and they refuse to do so.
 
Nice!!

- - - Updated - - -

cmacclel said:
Before you get to excited wait until you have your license in hand. A friend of mine has his license for years and when he applied for his C&R the feds saw a juvenile case and questioned MA why he had a permit to begin with. The state / city immediately revoked his license and he was a Police Officer. He fought it and won. The judge told the issuing city to re-instate his license.......it's been over a year and they refuse to do so.
Click to expand...

and he's a cop, so what does he do?? Desk assignment or carry on the Badge?
 

Similar threads

Expired MA LTC = useful?
Replies
21
Views
567
67ray
67ray
Going to reapply for my FID/LTC back after it being revoked about 10 years ago.
Replies
17
Views
510
AMV
A
When are you a "gunsmith"?
Replies
20
Views
321
LakeTrout
L
LTC Renewal Received in Natick
Replies
1
Views
209
Eric W
E
LTC references
2
Replies
32
Views
1K
paul73
paul73
Back
Top Bottom