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GOING FOR LTC BUT WAS ARRESTED ONE TIME
- Thread starter VITALE77
- Start date
1) Please learn to use the caps lock key.
2) Not guilty with a finding? I doubt that. Quite possibly continued without a finding.
3) Go to the courthouse and get copies of the discharge of your case. Then take those to a one of the firearms attorney's listed here: http://www.northeastshooters.com/vb...achusetts-Lawyers-Specializing-in-Firearm-Law
Unless you were convicted you're not disqualified by statute but the chief could still deny you on suitability. I know of people with the exact same issue who have been issued unrestricted class A ltc's. If you're in a green town (you may not know it but no pun intended) you will likely be just fine. You can always discuss things with the licensing officer prior to applying.
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Get a good firearms lawyer: Jesse Cohen or Keith Langer. There is no such thing as "not guilty with a finding"...I think you mean "continued without a finding" which isn't quite the same thing. You were not convicted, however, but we go back to that old suitability issue that Mass Chiefs of Police like to use. Providing that you have a clean record otherwise, you should get an FID (low capacity long arms) with no problem, a LTC on the other hand may be a challenge.
I had a continued without a finding for drugs almost 9 years ago now. I got Class A with no restrictions. Hell they didnt even call my references. Then again I live in a very green town.
I would honestly like to know what an attorney would be able to do to help the OP in this situation. My estimation would be tell him to get his records from the court and tell him to fully disclose the exact disposition on the app. The OP's background is what it is. How would an attorney help in this situation?
In God We Trust
NES Member
I have a close friend that just got his LTC-A Unrestricted in a green town. He had a few arrests including a felony as a juvenille. All were either dismissed or continued without a finding. I don't understand why everyone always answers this question with "get a lawyer". What exactly is the lawyer going to do? You are either going to get it or not. Just my opinion, but as long as there are no actual convictions and it is a green town, you should be fine.
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Rob Boudrie
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First off, the attorney will be able to explain exactly what his record is (assuming he gets it). Many, perhaps most, on NES understand the nuanced differences between CWOF, Guilty, and Not Guilty - but some people's conceptual framework doesn't get past "I paid the court some money and was done with it".
Secondly, the attorney may know something about the town and it ranges from a "no brainer" to requiring a carefully prepared application. If the town is one that looks for any excuse to deny on suitability (think Brookline), the attorney can make sure the original app is prepared in the manner he wants the district court appeal judge to see.
If someone is well versed in the system; understands the exact nature of the disposition of his/her case, and has reliable info regarding how the licensing officer/agency (s)he will have to deal with tends to reacts to such cases, using an attorney may not make a big difference. On the other hand, if there is any doubt, an office consult could be a reasonable step to take.
I used Keith Langer to help with my application and lets just say I had some yes answers for question 10 on the application. I live in a red town and got LTC A no restrictions. As Rob Boudrie mentioned above, having him cite and explain the differences between CWOF,Guilty and not guility as well other supportive info he provided, I feel is the reason I was not out right denied by my chief of police.
It's always better to do your 'homework' before submitting an application, even if this means speaking with an attorney. Easier, and possibly cheaper, to get it right the first time especially if you can't answer 'no' to some of the more important questions.
You can also run an FBI background check on yourself to review your record (~$20 and results back in 3-4 weeks). Most states also provide a means to run a CORI, or equivalent. Get copies of all court documents before going to the attorney.
Good luck.
You can also run an FBI background check on yourself to review your record (~$20 and results back in 3-4 weeks). Most states also provide a means to run a CORI, or equivalent. Get copies of all court documents before going to the attorney.
Good luck.
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This. Think of it in more simplistic terms. The OP decides to go it on his own. As you (Rick Roma) advised he figures he'll go ask the licensing officer if he should 'bother' applying. If the OP uses the wrong words the LO will tell him 'don't bother' .
So WTF would the OP do then?
First....Welcome to the forum!
Second....stick around, we're a solid distraction from responsibility and a treasure trove of information concerning more than just firearms. Just make sure you grow thick skin FAST, we tear at each other daily.
Third....Go green (membership)
Fourth....lawyer the f*** up, do a quick search, you'll find a plethora of information concerning the subject and who to get in touch with.
Second....stick around, we're a solid distraction from responsibility and a treasure trove of information concerning more than just firearms. Just make sure you grow thick skin FAST, we tear at each other daily.
Third....Go green (membership)
Fourth....lawyer the f*** up, do a quick search, you'll find a plethora of information concerning the subject and who to get in touch with.
![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
I had (have) an arrest for trespassing on my record, it was dismissed. When I got my ltc the issuing officer told me the state will send it back to him with a possible "disqualification" he told me up front he will not disqualify me.
So, it may depend on the lEO that issues your license.
Sent from my Photon using Tapatalk not while driving! ;-)
So, it may depend on the lEO that issues your license.
Sent from my Photon using Tapatalk not while driving! ;-)
namedpipes
NES Member
i have no caps lock key. my wife took it off my keyboard because she said i kept yelling.
call one of the lawyers mentioned.
um, if you contact keith langer then for the love of god don't email him until you get that caps lock fixed...
etf red silk freudian slip
call one of the lawyers mentioned.
um, if you contact keith langer then for the love of god don't email him until you get that caps lock fixed...
etf red silk freudian slip
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![[rofl2]](/xen/styles/default/xenforo/smilies.vb/035.gif "ROFL2 [rofl2]")
Yarmouth is green.
>>SEE HERE<<
ETA: What MichaelJR said
http://www.northeastshooters.com/vbulletin/threads/5103-NES-Memberships
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^^ What are the wrong words? I have X on my record. How simple is that? What else would one say? If the LO tells him it's fine he proceeds. If he tells him it may be a problem he can re-evaluate from there and possibly get an attorney. If he gets an attorney before checking into it he may have wasted time and money. I was speaking from personal experience. I do have to answer yes to question 10 due to some stupidity back in the day. However, since this was something that I consider a major life event for me I know every single detail inside and out. I know the exact dates and the disposition of all the charges which were all either dismissed or CWOF. I'm 100% clean since that incident and I am in a green town also. I went down to the station and spoke to the licensing officer and told him what I have and he said just disclose it and it won't be a problem. About eight weeks later I had my unrestricted class A LTC. A lawyer would have been a complete waste of money for me. I know of other peole who are in the same boat as well who received unrestricted class A's without an attorney. One of them has the exact same charge as the OP. YMMV.......
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The licensing officer then says: "tell me what happened." That's where how you describe what you did and what you learned can change the outcome.
I'm glad that everything worked out well for you. But that doesn't imply it would work out well for everyone.
And that Rick is the crux of the problem, YMMV. Your experience was good, but so much of the licensing procedure is soooo subjective. There are 351 cities and towns in Mass and each one has a different firearms law, in effect. In another town, or even in the same town with a different licensing officer or chief, you might have a totally different experience. Green towns turn to red towns, red towns turn to green towns, licensing officers and chiefs change. Your experience is anecdotal and not broad enough to run the full gamut. Example: a person has an unrestricted license for years, reapplies and gets a restricted license...no explanation required or forthcoming. Police officers have been known to be issued licenses that only allow them to carry during the hours they are actually on duty. Every time you apply or reapply for a LTC it is a crap shoot. In some towns person X gets an unrestricted license, next in line is person Y and he gets a restricted license. CWOF? It goes back to suitability, again. Sure you can't be denied an FID, but if that is not what you want, then you have a major obstacle.
I have worked in the system long enough to know that it is fraught with variables and inconsistencies and the best thing to do is to anticipate the worst case scenario and be well prepared than not prepared at all.
Well, thanks! If the LO asks the OP what happened he'll say he got charged with possession of marijuana and it's CWOF. Again- I don't see the issue there. I guess we'll have to agree to disagree because this could drag on here. As you might be able to tell, I object to paying attornies allot of money for a small amount of work done in a short period of time and I try to avoid it whenever possible.
In the end obviously the OP will have to decide what course of action he will or will not take. Everyone here will have an opinion one way or the other. I hope he has a positive experience and comes back here to let us know about it........
Oh, come on. Seriously. You are not just deliberately trying not to understand an opposing point of view, you are asserting there is no other point of view.
Chances are, the licensing officer's questions are not going to stop with "what were you charged with and what was the disposition of the case?" Most likely that's just the start of the conversation. How long did you smoke marijuana? How often did you smoke marijuana? When did you last smoke marijuana? What other illegal drugs have you taken? You broke a serious law then, why should I trust you with a firearm now? What other laws have you broken? How do I know that you aren't taking drugs but you just haven't been caught since then? What other criminals do you hang out with? Do you think drugs should be legalized? Why did you think it was OK to break the drug laws? Do you just choose to ignore laws that you disagree with?
The licensing officer may choose not to play twenty questions. But he may. Some do that for applicants who have no record at all.
You only see two possibilities: you tell him the charge and the disposition of the case and he says yes or no. But the reality is that for many licensing officers, HOW you answer his questions will influence whether he says yes or no.
You are going into an interrogation with a skilled interrogator. The outcome of that interrogation will determine whether or not you get your LTC. Apparently, you prefer to go into that interrogation without any preparation.
I view my right to purchase, possess, and carry a handgun as vitally important. If I was in the OP's situation, I would want to prepare myself for that interrogation as best as possible. And a firearms attorney who likely has already had contact with that licensing officer can probably provide some pretty good advice. To me, that's worth spending a few hundred dollars for an office consultation.
A blunt way of putting it is if he has to come here and ask the question then he should be hiring a firearms attorney to help him- Because if he knew how to deal with this he wouldn't be here asking the question, and the answer in these sorts of things is rarely a straightforward, one size fits all kind of deal.
-Mike
-Mike
