Grace period

[fobes34]

I've been searching but I haven't found anything useful.
My FID expired yesterday and i have applied for a Class A. I know that there is a 90 day grace period but am I able to purchase guns/ammo before I actually get my LTC? How would the dealer know weather I have the grace period or not? Is the grace period just so you can legally possess firearms while your waiting for the renewal?

Thanks

 

[Len-2A Training]

Welcome.

The actual law should be here on NES, so use advanced search on "grace" in the MA Gun Law forum and see what you find.

I am not at all sure that any grace period applies in your case for the following reasons (IANAL, so check with one to be certain):

- You aren't "renewing" but getting a totally new license (FID - > LTC).
- I thought that the grace period was valid ONLY on LTC renewals.
- If you don't have a receipt for your application from your PD, then you have no grace period. You must be able to produce a receipt indicating that you applied prior to expiration for the grace period to be effective. Personally, only once in 31 years did I ever get a receipt for my application and my Wife has gotten "0" receipts in the past ~29 years of having a LTC.

 

[Prepper]

I never got a receipt either, but the police always acknowledged that the application was received and in progress when I called them.

 

[Scrivener]

- You aren't "renewing" but getting a totally new license (FID - > LTC).

True.

- I thought that the grace period was valid ONLY on LTC renewals.

FALSE. Chapter 150 of 2004 expressly provided (actually, restored) a 90- grace period for both FID cards and LTC's.

However, the language also states it is for renewals. By going for an LTC, you are, as noted, going for a different firearms license.

Technically you are outside the literal language of the statute. As you are still applying for a firearms license, however, it would be an interesting case should you actually be charged with unlawful possession for lack of a license.

 

[FPrice]

Technically you are outside the literal language of the statute. As you are still applying for a firearms license, however, it would be an interesting case should you actually be charged with unlawful possession for lack of a license.

Interesting for who (whom?)? The poor citizen who has to go through this ordeal or the lawyer who gets to explore uncharted law?

 

[jkelly]

Interesting for who (whom?)? The poor citizen who has to go through this ordeal or the lawyer who gets to explore uncharted law?

I’m sure it would be very interesting for both the citizen and the lawyer, as well as anyone else who might wish to understand the law.

Respectfully,

jkelly

 

[Len-2A Training]

The good news (if any) is that even without the grace period, many chiefs just told the victim to "leave them locked up at home until you get the new permit" and didn't rush out to confiscate everything (which legally they could have done).

Scriv, thanks for the correction and confirmation.

 

[Rob Boudrie]

If you don't have a receipt for your application from your PD, then you have no grace period.

While having such a receipt is a good idea, is there a statute requiring this in order for the grace period to exist? For example, if the PD acknowledge the application was received prior to expiration, and has not been denied, would the state still be able to obtain a conviction because of the defendant's failure to have a receipt?

 

[Len-2A Training]

Rob, if you were stopped and questioned or went into a gun shop, how would they verify that you are on your grace period without seeing a receipt of some sort?

After 3PM our PD secretary is gone for the day. AFAIK, nobody else has easy access to your license renewal processing status after that time. I doubt it's in the computer for dispatcher access.

 

[Scrivener]

While having such a receipt is a good idea, is there a statute requiring this in order for the grace period to exist? For example, if the PD acknowledge the application was received prior to expiration, and has not been denied, would the state still be able to obtain a conviction because of the defendant's failure to have a receipt?

I see nothing in the statute referring to a "receipt." As any competently filed application will generate:

1. A cancelled check; and/or

2. A stamped copy of the application; and/or

3. A copy of the MIRCS submission,

it would seem that confirmation can be obtained without the "receipt" many PD's refuse to provide.

 

[Len-2A Training]

Scriv,

I get no canceled checks from my bank. Also our town has held checks for many months at times before cashing them.

The "stamping machine" was disposed of ~10 years ago at the PD. I actually went in with my app one time, went behind the counter looking to stamp my copy and found it missing.

My last app was prior to MIRCS being implemented here, but my Wife's was under MIRCS. They never offered and we didn't know to ask for a copy (I actually was in the Lt.'s office chatting while she was doing it). Oh yes, I did ask the secretary for a receipt for my Wife's app and was told "we don't do that".

I agree that confirmation can be obtained at least in some cases.

If I were a MA Dealer/FFL I wouldn't sell anyone anything without some kind of proof (and I'm not certain that even then is legal). If I were still working the street as a cop (I no longer do this however) and for some strange reason had reason to question someone about their LTC, I'd use "officer's discretion" . . . if the person appeared and acted reasonable, showed a recently expired LTC I would most likely wish them a good day.