Four More Towns Found to Be Overcharging Applicants

[GOAL]

http://www.goal.org/news/feeviolations.htm

Four More Towns Found to Be Overcharging Applicants

On Monday, January 15, 2008 GOAL was made aware of four other towns that are overcharging applicants for their firearm licenses. To make matters worse, at least two of these towns are requiring a doctor's letter as part of the application process. As a result, GOAL has forwarded another request for an investigation to the Massachusetts Inspector General's Office.

"We continue to find evidence that the state has no control over nor any knowledge of what their licensing agents are doing," said Jim Wallace Executive Director of Gun Owners' Action League. "Even with the mountain of evidence that we have provided the Governor's office regarding these matters, it seems he is unwilling to step forward and do what is necessary to protect the civil rights of his constituents."

GOAL urges any of our members that are being improperly treated by a licensing agent to bring the information forward so that we may continue to address these incidents.

January 16, 2008


Gregory W. Sullivan, Inspector General
Office of the Inspector General
John W. McCormack State Office Building
One Ashburton Place, Room 1311
Boston, MA 02108



Dear Sir,

Recently, your office investigated a complaint made by Gun Owners' Action League regarding the city of Cambridge overcharging residents for firearms licenses. We are pleased that your office has ruled in favor of our members and that the overcharging has ceased. We are concerned, however, that your office closed the case prior to ensuring that the applicants have received the refunds.

As you may recall, GOAL also requested that your office to begin an investigation to see how far this type of abuse has spread. In order to help you in this investigation, our members have informed us that this practice of charging more than the $100 fee set in statute has indeed spread.

Information posted on the Internet shows that:

· The town of Andover is overcharging residents by $10 (see http://www.andoverps.net/police/forms/firearms_permit.html)

· The town of Methuen is overcharging residents by $10 (see http://www.methuenpolice.com/firearms_information.htm)

· The town of Peabody may be charging an extra $10 (see http://www.peabodypolice.org/support/armorer/)

· The town of North Andover may be charging an extra $10 (see http://www.napd.us/firearms.html)



We are also concerned that at least two of these towns are requiring an affidavit from a physician. “Letter from the applicant’s physician stating the applicant has no medical or psychological issues that would preclude him/her from owning, carrying, or legally using a firearm.” This is a clear violation of Chapter 140, section 131(g) “The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board..”. Nothing in this section grants the authority to a licensing agent to demand anything not specifically required by the statutory standard licensing process. The affidavit would appear to be in violation of the intent of the Americans with Disabilities act, also.

We would also like to bring to your attention paragraph (k) of Chapter 140, Section 131. (k) Whoever knowingly issues a license in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or by both such fine and imprisonment. It would appear from the evidence we continue to find that licenses are indeed being issued in clear violation of this section and that action to prosecute may be necessary.

We regret that other state agencies have been unwilling to enforce these laws and that GOAL is forced to turn to your department for assistance. Thank you for your attention to these matters and we look forward to your quick action.


Sincerely,


James L. Wallace
Executive Director

 

[jhblaze1]

http://www.goal.org/news/feeviolations.htm

Can someone copy and paste text? My company's content filter wont allow me to visit the GOAL site.

thx in advance.

 

[Admin]

Added it to original post.

 

[pdm]

Without sanctions, this behavior will only continue.

 

[Dirtypacman]

Good work staying on top of this Goal!!

 

[jhblaze1]

As far as the towns that explicitly state that the $10 is a photograph fee, it might be trickier. The photos are required, and if the PD didnt take them you would have to go get passport photos taken yourself which would be at least $10 plus an additional errand. If they charge this fee, there should be a stated exemption for people who are providing there own photos. If they did that, i wouldn't have a problem with it (other than the fact that i have a pre-existing problem with the commiewealth gun laws anyway).

Methuen doesn't even bother to explain their illegal fee though.

 

[jhblaze1]

Peabody is actually charging an additional $15 not $10.

$10 for photos, and a $5 administrative fee for all licenses.

 

[Another_David]

When I got my license the photograph was digital and part of the dept's computer entry system. I can't see how the photos cost extra or how you could provide your own.

One day the PDs are fighting to keep the licensing the next they seem to be arguing they can't afford to do it. It can't be both ways!

 

[Rob Boudrie]

There is an exceptionally clear additional violation in the Andover process:

Supplement 1: Sample Physician’s Letter

A physician’s letter is required for a Class “A” or “B” LTC and Class “C” FID.

The law is very explicit that the FID is non-discretionary and, therefore, there is not even room for a "suitability" argument in which the chief may simply say he deems anyone not providing an MD letter to be an unsuitable individual.

 

[pdm]

Class "C"? Nice, inventing a new license.

 

[IPSC_DRL]

Class "C"? Nice, inventing a new license.

Goes right along with inventing new nonexistant fees to charge.

 

[Coyote33]

Class "C"? Nice, inventing a new license.

I think there is also a Class D.

 

[KMaurer]

There are two varieties of FID, but they're neither officially nor routinely referred to as Class C and Class D for the simple reason that LTC's and FIDs are two different things.

Ken

 

[Rob Boudrie]

Class C and Class D

In the "old days" of the paper license, the prefix on the LTC-A was "A", on the LTC-B was "B", and the FID was "C" and the restricted FID was "D". Although inscribed in law, these designations appeared to have picked up some following.

 

[Scrivener]

Great to see GOAL putting pressure on these abusive bureaucrats, bullying citizens under the guise of keeping them "safe."

Keep up the good work!

 

[KMM696]

When I got my license the photograph was digital and part of the dept's computer entry system. I can't see how the photos cost extra or how you could provide your own.

Not all departments have digital, some are still using the old paper license. In my town's case, there is no internet access for the PD (or anyone else) except dial up or 2-way satellite: dial-up isn't fast enough to hook up with the state computers, and satellite just isn't in the budget.

 

[FITH]

HUH...do they use rocks to rub together to start fire?

Where is that?

 

[Rob Boudrie]

In my town's case, there is no internet access for the PD (or anyone else) except dial up or 2-way satellite: dial-up isn't fast enough to hook up with the state computers, and satellite just isn't in the budget.

Verizon cell based network card for the PC - $50/month, approx 700K bandwidth - plenty for MIRCS.

 

[jar]

Verizon cell based network card for the PC - $50/month, approx 700K bandwidth - plenty for MIRCS.

If there's no other wired data options besides dial up out there, I doubt there's EVDO coverage.

 

[Another_David]

Not all departments have digital, some are still using the old paper license. In my town's case, there is no internet access for the PD (or anyone else) except dial up or 2-way satellite: dial-up isn't fast enough to hook up with the state computers, and satellite just isn't in the budget.

Wow, I thought everyone had to move over to the new credit card size system. The cities and towns listed surely have internet access, so it's no excuse.

These issues make a good argument to give people the OPTION to go to the State Police or your local Dept. Obviously some Depts. can't handle processing paperwork and a little competition would help.

 

[dreppucci007]

Thanks for getting right on this, GOAL!

 

[KMM696]

If there's no other wired data options besides dial up out there, I doubt there's EVDO coverage.

Exactly - cell phones work in about 15% of the town, no cable, no DSL. The school got a fast line through a grant, but the grant specified education use only, so the PD, town hall, etc. are at best, on dial up.

Welcome to the sticks.....God, I love it out here!

 

[KMM696]

HUH...do they use rocks to rub together to start fire?

Where is that?

Worthington - northwest of Westfield. Not much different than Middlefield, Chester, Huntington. Russell has a cell tower from the Pike that hits half the town, DSL, and the municipal cable company offers internet, the lucky B***tards!

 

[MrsWildweasel]

Worthington - northwest of Westfield. Not much different than Middlefield, Chester, Huntington. Russell has a cell tower from the Pike that hits half the town, DSL, and the municipal cable company offers internet, the lucky B***tards!

Westhampton we still have the old licenses also, but when I renewed mine last year when I was talking to our officer, apparently some of our smaller towns will be getting the new style , mainly it comes down to the state actually giving them the equipment, since like ours and I am sure Worthington and others can't afford to buy it, which is what our officer told me.

 

[Coyote33]

Not sure if this is related to the same sort of thing:
http://www.goal.org/news/LTCapps.htm

 

[Garys]

One of the towns wants four passport photos. Is this a change? Every time I've renewed my LTC, they've only asked for two pictures.

Gary

 

[KMaurer]

One of the towns wants four passport photos. Is this a change? Every time I've renewed my LTC, they've only asked for two pictures.

Gary

The cameras take four images normally. IIRC, they only actually use two. Didn't get to check this time, since they've finally got the MIRC system in and now use the little webcam.

Ken

 

[Scrivener]

One of the towns wants four passport photos. Is this a change? Every time I've renewed my LTC, they've only asked for two pictures.

I've only ever submitted 2, whether MA or RI. With MIRCS in place, no photos need be brought at all.