Denied LTC

In God We Trust

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First of all, sorry for beating a dead horse. I tried searching, but could easily find the info I was looking for. I've been around long enough that I should know this off the top of my head.

My buddy's kid just got denied a LTC. Don't know if I should say what town. He had an FID so I assume he is not a federally PP. As a juice he got charged with a felony BE (stupid kids partying in an abandoned building) but he took a plea on a misdemeanor.

I'm waiting for him to get back to me on what the actual charge was that he took a plea on. Is the criteria anything with a potential jail sentence of more than 2 years?
 
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Prohibited if: "(i) has, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of (A) a felony;"
 

42!

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Assuming MA, I'm thinking suitability. How long ago did he get his FID? Suitability has only been applicable to an FID for a little while, they may not renew. If it does turn out to be suitability I'd be very interested to know where, maybe you could PM me?
 

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First of all, sorry for beating a dead horse. I tried searching, but could easily find the info I was looking for. I've been around long enough that I should know this off the top of my head.

My buddy's kid just got denied a LTC. Don't know if I should say what town. He had an FID so I assume he is not a federally PP. As a juice he got charged with a felony BE (stupid kids partying in an abandoned building) but he took a plea on a misdemeanor.

I'm waiting for him to get back to me on what the actual charge was that he took a plea on. Is the criteria anything with a potential jail sentence of more than 2 years?

That, plus a laundry list of a bunch of other garbage.

Did they say why they denied him? A lot of people forget to put stuff on the app and people get whacked by the perjury trap.

-Mike
 

In God We Trust

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I just heard back from him. The charge he plead to was B&E for misdemeanor which only has a potential penalty of 6 months in jail.

He says the denial letter says that he is a felon and that is why he was denied. He is NOT a felon however. He is going to appeal. I guess they gave him the same load of crap when he applied for his FID but he wound up getting it in the end
 
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42!

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IANAL
If he goes the lawyer route remember that you will almost definitely lose at the district court level. So before you spend thousands for that loss make sure you're ready to pay to take it to the next level, where you will probably lose as well. Otherwise it's just a waste of money.
 

Chevy 2 65

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IANAL
If he goes the lawyer route remember that you will almost definitely lose at the district court level. So before you spend thousands for that loss make sure you're ready to pay to take it to the next level, where you will probably lose as well. Otherwise it's just a waste of money.
Really, how so? The CLEO needs to provide prove that the person is a danger to the public. I could be wrong IANAL. But I stayed at a Holiday express
 

Rob Boudrie

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Really, how so? The CLEO needs to provide prove that the person is a danger to the public. I could be wrong IANAL. But I stayed at a Holiday express

That is what the new, and current, law says.

The previous case law established that the court simply had to decide if the issuing authority felt he had a good reason that was not arbitrary, capricious and an abuse of discretion (Shelburne v Moyer). MA courts are still citing that precedent despite the change to the law that should have rendered it irrelevant. I believe the legal theory used to continue to apply that case law is "because the court likes it".
 

42!

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Really, how so? The CLEO needs to provide prove that the person is a danger to the public. I could be wrong IANAL. But I stayed at a Holiday express

That's what the law says, but it's not what the courts apply.

And even if the courts didn't continue using the old standard it's an LTC so, unlike the FID, you have to prove you're not. Not that it really matters.
 
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42!

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What we need is a 2a challenge to suitability. I know it's been done before but at that time it was ruled constitutional because you could still own a gun. This was before there was a suitability clause for an FID, so you really could still own a firearm. But now, with the same suitability being applied to both an FID and LTC, suitability really does violate 2a.
 

Rob Boudrie

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What we need is a 2a challenge to suitability. I know it's been done before but at that time it was ruled constitutional because you could still own a gun. This was before there was a suitability clause for an FID, so you really could still own a firearm. But now, with the same suitability being applied to both an FID and LTC, suitability really does violate 2a.
The MA courts have ruled that right to an LTC is not protected by the 2A since denial is an administrative rather than a punitive burden. I other words, the constitution is void where prohibited by law.
 

42!

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The MA courts have ruled that right to an LTC is not protected by the 2A since denial is an administrative rather than a punitive burden. I other words, the constitution is void where prohibited by law.

I thought I was referring to a Federal case, but I could be wrong.
 
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