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Grace Periods, Renewals, and really cool guns.

Ozman

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An update on a previous thread that generated some, lets say, interesting back and forth... For those that don't recall, I asked what I thought was an otherwise simple question about Mass. LTC grace periods, particularly as they relate to purchases.

Heres how it shook out in the real world most of us live in: First, I had my completed application for my Class A submitted before the end of the day on its expiration, which happened to be a Monday. (My birthday, of course). It was approved for renewal within a day or so and was told to come back on Thursday for the new picture for my ID. Thats just great service all around. There are still some municipalities in this state that "get it".


Second, I did buy the M1A on the date of expiration listed on my License, but as I'll explain below, and as most of you probably know, I didn't have to rush. (Slightly off topic, but you know you wanna know: It's a black on black 'glass stocked "Loaded" model. My dream rifle)


Third: Not being in such a rush after the fact (the fact being I was worried I might not have time to buy the gun and was not in a position to begin a research project that I had no idea how long it would take), the grace period answer is really quite simple. Basically, your license REALLY expires 90 days after the date printed on your license. It's just about that simple. (Watch the response this gets from someone...) With three months of grace period, it seems the legislature realized people are humand and often, for a million different reasons both good and bad, forget stuff sometimes. Far more understanding and forgiving than a lot of people. Someone on our side slipped that into the law.


Here's the link to the specific section of the Massachusetts General Laws: http://www.mass.gov/legis/laws/mgl/140-131.htm

Scroll down to section "m" and it spells it out there. So simple even a lawyer can figure it out. Now WHY a suppossed vocal expert couldn't just be a friendly gun guy and help out instead of abusing the forum and making personal attacks, I don't know.


(And I hate to disapoint some of the good people who came to my "defense" in the last thread, but I'm also an attorney, albeit one who left the practice of law for a dream job back in December. There are plenty of great gun folks on this board that happen to be great lawyers too. Not all of them, but most of them. I've dealt with lawyers like certain ones who have rudely and pompously dumped all over people here. In my experience, in my own trial work, judges usually referred to guys like them as "the losing party". ;)

I hadn't checked in for a few weeks. I trust this post is helpful to others with the specific reference to the gun law at the root of this. So other guy got the last word, but again, to those people that responded both publicly and privately to me for not taking any junior high bullying here in public, thanks for the kind thoughts.
 
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DR

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Glad to hear it all worked out and congratulations on your new rifle.

Was the dealer you bought it from willing to sell it if you had gone into your 90-day grace period? While it may be legal, some dealers have an abundance (or over-abundance) of caution when it comes to Mass guns laws.
 

Ozman

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Glad to hear it all worked out and congratulations on your new rifle.

Was the dealer you bought it from willing to sell it if you had gone into your 90-day grace period? While it may be legal, some dealers have an abundance (or over-abundance) of caution when it comes to Mass guns laws.

Great question DR.

The answer is a 100% "yes", because as we learned that day from not only the local P.D., but by the dealer placing a call from the shop to the Department of Public Safety (I think thats who he called) and speaking to a licensing expert that handles this type of stuff, we learned that the "grace period" is really just an extention of your license 90 days beyond the date printed on your card. So technically, in the strictest legal interpretation, your license may "expire" on the date of the card, you still have full privileges for exactly 90 more days from that date. So yeah, he would have sold me the gun even after the date on my card.
 
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So technically, in the strictest legal interpretation, your license may "expire" on the date of the card, you still have full privileges for exactly 90 more days from that date.

Hmm, I'm not getting that exactly from C 140 S 131.

You cited 131 (m) above, which states that the expiration is to be considered 90 days after the expiration date listed, but that is solely in reference to being civilly charged in lieu of criminal charges under C 269 S 10 for possession firearms. 131 (i) states that the LTC expires on the date listed, or 90 days after if you have applied for a renewal. That would seem to be the overriding paragraph for all other LTC privileges.

So, as I'm reading the law, unless you have applied for a renewal, you don't have full privileges. You, in fact, have would have partial privileges. You could continue to possess your guns for up to 90 days without fear of criminal or civil possession charges, but you could not purchase any new guns, possess ammunition, allow non-FID/LTC holders to shoot your guns under your supervision, etc.

At least that's how I read it. Since you were able to get your LTC application in on time, you are definitely covered under the 90 day extension with full privileges, but somebody who didn't get the renewal in would not be.
 

DR

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Great question DR.

The answer is a 100% "yes", because as we learned that day from not only the local P.D., but by the dealer placing a call from the shop to the Department of Public Safety (I think thats who he called) and speaking to a licensing expert that handles this type of stuff, we learned that the "grace period" is really just an extention of your license 90 days beyond the date printed on your card. So technically, in the strictest legal interpretation, your license may "expire" on the date of the card, you still have full privileges for exactly 90 more days from that date. So yeah, he would have sold me the gun even after the date on my card.

That's good to know. Thanks.
 
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