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FINALLY Got My LTC!!!!!

TimMcG74

TimMcG74

Joined
Nov 24, 2009
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After a long and expensive process that took nearly a year and a trip to see the Mass. Licensing Review Board, I just got a call from my PD notifying me that my license is in.

By the way...

No restrictions!!

On my way to pick it up now.

I would like to thank Jesse Cohen who represented me through this process. He is a fantastic attorney and a great guy. I can't recommend him highly enough.
 
Congrats my friend. Good job sticking through the process - glad to hear the outcome.
Happy to hear Jesse helped you along.
 
That is outstanding. If it's possible, can you give us a blow by blow of how the battle went to get yout LTC? I understand if you don't want to go into details.
 
starshiptroopers.jpg
 
We regret to inform the viewing public that Tim is unable to write the story for the forseeable future because he has been lost in gun shops since 11/09/10, ~2300 hours, and nobody can find him.

Last report was from an eyewitness in a local bean shop who overheard..."More..more...What? I can't buy that? EOPESH what? GTFO of my way. Here's my bank account...More...", but this report is at least 24 hours old.

lol
 
So, here it is.

I applied for my LTC-A in Grafton, MA on December 31st, 2009. I didn't sufficiently research Massachusetts statutes, and on February 2nd I got a phone call from my local PD notifying me that I had been denied. The denial was based on a statutory disqualification, which was a non-violent misdemeanor that occurred 12 years ago for which I was found guilty and received a year of probation. I won't get in to the details of the offense on a public forum like this, but it was then and remains now the only thing on my criminal record. The offense is a DQ because the maximum sentence is 2 years in prison in the commonwealth, which is a violation of the 1968 Federal Firearms Control Act. Basically, the DQ is a result of the intersection of Massachusetts and federal law. To my knowledge, no one has ever actually received that sentence, and it is, by a very large margin, the most severe maximum sentence in the country for this offense. My intention is not to trivialize what I did; I was young, it was stupid and I take full responsibility for it.

On the recommendation of an old friend who also happens to be an NES'er, I contacted Jesse Cohen. Jesse pulled my CORI, the police report from my arrest and the court record, and he filed my appeal with the Mass. Firearms Licensing Review Board in March, 09.

I didn't get a hearing until August. The FLRB only hears about 4 cases a month. The hearings take place at the Criminal Records Bureau in Chelsea. The board is made up of representatives from the Department of Public Safety, The AG's office, The Mass. Chiefs of Police Association, the D.A.s office and Keith Langer, who most of you know as Scrivener. Despite what anyone's impression may have been on NES, Scriv is a humble and likable man in person.

It was very much like a formal hearing. Attorney Cohen attended with me and I was able to bring character witnesses and submit evidence. I was questioned about the case, my opinion on gun safety, my personal habits, etc. My was able to speak and was asked questions about how he knew me, how responsible he observed me to be, etc.

The hearing ended with the chairman reminding me that the board cannot issue firearms licenses, but can only restore firearms rights in Massachusetts.

The FLRB has, by law, 60 days to render a decision. The letter went directly to my lawyer, and it was post marked on the 60th day. It basically stated that the board had restored my rights, and that I was free to re-apply with my local PD.

I reapplied in Grafton on October 7th, and 32 days later they issued me an unrestricted LTC-A. The Grafton PD were great during this process.

All totaled, this ordeal cost me about $2400 dollars in attorney's fees, application fees, travel, time off from work, etc. It was worth it to me, not so much because of my interest guns but because of my belief in my rights. It was an agonizing process but I would do it again in a heartbeat.
 
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TimMcG74 said:
The offense is a DQ because the maximum sentence is 2 years in prison in the commonwealth, which is a violation of the 1968 Federal Firearms Control Act. Basically, the DQ is a result of the intersection of Massachusetts and federal law. To my knowledge, no one has ever actually received that sentence, and it is, by a very large margin, the most severe maximum sentence in the country for this offense. My intention is not to trivialize what I did; I was young, it was stupid and I take full responsibility for it.
Click to expand...

Just a clarification. It had to have been >2 years BTW, not <= 2 years.

When you go to buy a gun you will likely get delayed or denied during the NICS check. MIRCS will be fine, but federal law doesn't allow MIRCS to replace NICS so you have to do both. NICS won't have your appeal letter on file and I don't know if it is smart enough to have access to MA records. If this happens, what you need to do is follow the links to appeals here (http://www.fbi.gov/about-us/cjis/nics). Then file an appeal with the official letter from your restoration hearing. This is a relatively cheap process so it will be a lot easier than what you have gone through before.

BTW: Only 4 hearings a month.... Alrighty then. I would have hoped they would do as many as they need to clear whatever backlog exists.
 
All totaled, this ordeal cost me about $2400 dollars in attorney's fees, application fees, travel, time off from work, etc. It was worth it to me, not so much because of my interest guns but because of my belief in my rights. It was an agonizing process but I would do it again in a heartbeat.
Click to expand...

When you consider it involved prep, and a personal appearance at a hearing, it sounds like Attorney Cohen treated you fairly on the price.

BTW: Only 4 hearings a month.... Alrighty then. I would have hoped they would do as many as they need to clear whatever backlog exists.
Click to expand...
They may only get 4 applications or so a month :).
 
Rob Boudrie said:
When you consider it involved prep, and a personal appearance at a hearing, it sounds like Attorney Cohen treated you fairly on the price.


They may only get 4 applications or so a month :).
Click to expand...

It sounded as though he got shoved into a long queue. I hope that is not the case. It isn't like 4 appeals is a lot to accomplish in one month.
 
TimMcG74 said:
All totaled, this ordeal cost me about $2400 dollars in attorney's fees, application fees, travel, time off from work, etc. It was worth it to me, not so much because of my interest guns but because of my belief in my rights. It was an agonizing process but I would do it again in a heartbeat.
Click to expand...

Thanks for following through and writing your story, Tim. It sounds like Jesse did a good job, and I'm sure you deserve some credit too. After all, if you had not come across well at the hearing, things could have ended very differently for you.

Given the fact that you live in MA where some CLEOs insist on using their power to discriminate against certain citizens, I think you got off lucky. Plenty of people would pay $2400 for an unrestricted license so they could have a means of self-defense outside the home, but they don't even have the option.

A tip o' the hat to the Grafton PD for doing what's right. [thumbsup]
 
kingfisher said:
It sounds like Jesse did a good job, and I'm sure you deserve some credit too. After all, if you had not come across well at the hearing, things could have ended very differently for you. [thumbsup]
Click to expand...

Jesse did a fantastic job and I can't recommend him highly enough. Not only is he a great attorney and very fairly priced, he is a great guy. I am very glad I went through this process with an attorney as competent as he is.

I speak in front of people all day for a living, so coming across as credible and convincing is my job. At the risk of sounding immodest, I think I presented a really strong case. I have heard some great stories about redicilious things people have said in their hearing.
 
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terraformer said:
It sounded as though he got shoved into a long queue. I hope that is not the case. It isn't like 4 appeals is a lot to accomplish in one month.
Click to expand...

From what I understand there is a significant backlog, which would explain why it took 5 months to get a hearing. They hear cases on the first Tuesday of every month.
 

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