Help on removing LTC A restrictions Springfield MA

[johnny.cassidy3]

I am 21 and in April I applied for an LTC A in Springfield MA, my reason being "I would like to request a License To Carry Class A Unrestricted for “All Lawful Purposes” to include carrying for personal protection of myself and loved ones and for the legal purchase, possession and collection of large capacity firearms in the State of Massachusetts". It wasn't until mid August that I received a call from home saying my LTC was processed and ready to be picked up (I was on military active duty orders). When I finally got home in mid September, one of the first things I did was run down to the PD to pick up my license, though was disappointed to see a "Target and Hunting" restriction placed on it. When I asked why the restriction was placed, I was shown on the application it was written by the licensing authority "Insufficient Need". Respectfully, I asked if they could re-review my application and request as in all my research have never found in MGL's any requirement for an "Sufficient Need". I also showed them that I possessed a MA FID, Utah and Florida CCW Permit and a 03 FFL. The clerk agreed and I left my LTC there without ever having even placed my fingers on it or signing that I received it. In the beginning of October I received a call from the PD stating that the restriction will not be removed. I have yet to pick up the license and refuse to have an LTC with restrictions placed on it. As a member of the military since the age of 17, my rights mean very much to me and so I am asking on advise on how to clear these restrictions. I do know many who have simply applied and received unrestricted LTC's in surrounding towns and one actually in Springfield without having had to pull any strings. I have seriously considered hiring a lawyer but am afraid of the cost (though my rights are worth more). I have heard of a few success stories in the Worcester and Boston area though never none in Springfield and am wondering if anyone has been through this mess before and won? I've started a petition though am unsure how much affect that would actually have. Any Tips?

 

[WallHack]

I can't really help but WOW, what a ****ed up situation. Add another bullet point to the "Why Springfield Sucks" list.

 

[Hoover]

Trusted by the military with full auto, etc, not trusted by springfield ma.

 

[Buckhunter156]

Springfield flat out will not give an unrestricted license out. Basically hire a lawyer or move. I know several people there who are fricked over because springfield PD only wants to have bad guys with guns.

 

[kid_fisto]

I suspect your young age plays a role in their decision on this.

What some do is lawyer up or get an instructors certificate to get unrestricted.

Stupid hoops but the easiest way I can see.

 

[dvajda]

Next time you are out at night on a Saturday night, pray you get stabbed (but survive). Then you can go back and show them the "need". If you die, well, sheeeeeeeeet.

 

[johnny.cassidy3]

Though can age be a valid reason for such a denial, Capricious and Arbitrary?

 

[PaulR]

f em. Move and re-apply.

 

[slugworth]

Springfield flat out will not give an unrestricted license out. Basically hire a lawyer or move. I know several people there who are fricked over because springfield PD only wants to have bad guys with guns.

This!!!!

I got my first pistol permit from spfld. I had to have a "reason" for my permit... So I got a hunting license cuz it's was the cheapest thing to do to get my pistol permit. Every renewal I got less restrictions but still had to have a reason to get it. My last spfld permit was for "protection" Then I moved to westfield and got "no restrictions" eveytime..

 

[bill o]

f em. Move and re-apply.

Re-apply? He already has a valid LTC-A that won't expire for 6 years. Does stubborn refusal to pick it up make a difference? I've never heard of a case like this.

 

[johnny.cassidy3]

I've heard the moving option hundreds of time before though due to financial reasons moving is not an option for everyone. Also even if you move you may still have the restrictions in place. From many cases I have heard, the chief of the former town would not let the restrictions go and the new chief had no real authority to change it unless chief of the old town you originally applied in signed off on it. I have also heard the "in six years we'll lift the restriction". I know too many who have fallen for this. I really don't know what can be held against me. Hasn't anyone personally fought this in court and won?

 

[taz-2005]

I've heard the moving option hundreds of time before though due to financial reasons moving is not an option for everyone. Also even if you move you may still have the restrictions in place. From many cases I have heard, the chief of the former town would not let the restrictions go and the new chief had no real authority to change it unless chief of the old town you originally applied in signed off on it. I have also heard the "in six years we'll lift the restriction". I know too many who have fallen for this. I really don't know what can be held against me. Hasn't anyone personally fought this in court and won?

I don't think a court has every removed a restriction, the basics of it is 1) they issued you the license and 2) there is no right to an LTC. The attorneys on here will correct if I am wrong.

 

[johnny.cassidy3]

I turned in several certificates with my application, of course the PD was not sufficed. If your talking about the NRA Certified Instructors certificate, I may actually consider adding that one to my collection of other certificates having little to no value to the SPD.

 

[johnny.cassidy3]

Can't the ruling DC vs Heller and Chicago vs McDonald be brought up in this situation?

The Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.” District of Columbia v. Heller, 554 U.S. 570, 592 (2008).


The Second Amendment guarantees individuals a fundamental right to carry operable handguns in non-sensitive public places for the purpose of self-defense.
The Second Amendment “is fully applicable against the States.” McDonald v. Chicago, 561 U.S. ___, 130 S. Ct. 3020, 3026 (2010).

 

[mpkeelee]

Are you currently active? If your going back to Texas apply there and carry there. Having both may help when you come back. Also, if you are still active then just wait the six years and re-apply. I got my permit right after I joined and was rarely home in MA to exercise my right to carry anyway.

 

[johnny.cassidy3]

nope

 

[bill o]

Hasn't anyone personally fought this in court and won?

It's a may-issue license which was issued to you, and state law reads "...the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper."

What would be a winning argument in court?

I turned in several certificates with my application, of course the PD was not sufficed. If your talking about the NRA Certified Instructors certificate, I may actually consider adding that one to my collection of other certificates having little to no value to the SPD.

I and many others have gotten restrictions removed this way. Not sure if Springfield goes for it.

 

[johnny.cassidy3]

The winning argument in court?

Well...... I haven't really gotten an answer as to why that restriction was deemed proper for me nor can think of a reason why it could be proper. I know that if you are denied your requested license, you must be notified within 40 days reasoning why in writing (M.G.L. Part 1, Title XX, Chapter 140, Section 131). My license was not ready for nearly 5 months. For the winning arguments all I know are the federal rulings in which a few have previously won by.

 

[Buckhunter156]

Well how do all the guys commiting the shootings on the news get there LTC unrestricted...? Ask the chief to explain this. Seemes like there must be away if there are so many people using these assault weapons with freaking laser beams.

 

[MMArtist]

I live in Springfield as well. I know one of the issuing officers (Deputy Chief) very well. I go to the gym with him. He is VERY good friends with my girlfriend of 9 years. When I went to him to get my LTC it was the same thing.

Its pretty straight forward. If you aren't an LEO you aren't getting a "Protection" LTC until you've had it for at least one renewal and then MAYBE you'll get a real one. Its arbitrary.... they admit it and embrace it.



Just to give you an idea. I had a pretty open and shut case. Knew the issuing LEO very well, 2 break ins at my home while I was home mind you... both on file with the PD. Girlfriend an ex Corrections Officer with 2 cases on SPD file of ex dangerous inmates stalking her. Live in a bad neighborhood. Carry cash and precious metals for work at the time of the application. You name the reason, I got it covered. Get my LTC after a 4 month wait... Target and Hunting!

All I gotta say about it is concealed means concealed.

 

[Tundra02]

Dude your SOL !! Unless your current or retired cop or deputy sheriff or know someone real good I mean real good it aint gonna happen .

 

[Kevski]

I also have a neutered LTC A from lowell and constantly think about how I would present my case in district court. Here me out....when considering lifer hearings the parole board uses a list of guideline / criteria in order to avoid making an arbitrary or capricious decision (right on there webpage). Since the lowell police don't use a set of guidelines in determining restrictions I think an arguement exists that the decision made by the police dept is arbitrary and capricious which could be presented in court. Hope this helps let me know what you think.

 

[je25ff]

This state sucks donkey balls.

 

[ntomsw]

Springfield flat out will not give an unrestricted license out. Basically hire a lawyer or move. I know several people there who are fricked over because springfield PD only wants to have bad guys with guns.

Moving will do NOTHING.

Even if he moves, the issuing town still has to 'cancel' the LTC early, in order for him to re-apply again in the green town. Most CoP's won't do it.

 

[johnny.cassidy3]

exactly

 

[ntomsw]

I hate to say it, but you are most likely screwed.

You can try moving to a town where you know they issue ALP, but again, you still need your chief to cancel your LTC early. And if he says no, there isn't much you can do.

 

[HorizontalHunter]

Springfield flat out will not give an unrestricted license out. Basically hire a lawyer or move. I know several people there who are fricked over because springfield PD only wants to have bad guys with guns.

Move to a green town/city. Hiring a lawyer does not guarantee that you will get what you want.

Bob

 

[invaliduser]

"move" to another state, Like Texas when you're active thus rendering your MA Resident LTC invalid and then when you come back make sure you move to a green ALP town and reapply! Though you'll be out another $100

 

[ntomsw]

Move to a green town/city. Hiring a lawyer does not guarantee that you will get what you want.

Bob

Neither does moving to a green town. The chief needs to cancel his LTC in his current town. There is nothing that says the chief has to do it.

 

[taz-2005]

Neither does moving to a green town. The chief needs to cancel his LTC in his current town. There is nothing that says the chief has to do it.

Exactly, chief's don't usually overrule each other.