Just received restricted Non-Res LTC A

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Hello, I just received my non-resident LTC A, but restricted to hunting and target. I do not hunt or need to visit ranges in Mass so I'm not sure if this is any use to me. At the interview I mentioned that I wanted to be able to carry for protection, not that I do it a lot, but if I wanted to, I wanted to be able to do it legally. Should I appeal this or wait till next year for renewal, and then ask for the real license?
 
Seems like the posts have been 50/50 on whether first timers get an unrestricted license. I believe that some were told that that upon renewal the restriction will be removed. Worth asking, I guess.
 
Anecdotal evidence I have heard (and this is heresay), is, if you plead your case, and can articulate a reason, good enough for the licensing authority, you may be able to upgrade.
 
Don't you go before a judge when you appeal these things? I don't fully understand why a lengthy and circumstantial reason is even needed to want to carry a firearm (other than the obvious fact that it's Mass). It's just hard to believe that I'm permanently stuck with a useless license.
 
Don't you go before a judge when you appeal these things? I don't fully understand why a lengthy and circumstantial reason is even needed to want to carry a firearm (other than the obvious fact that it's Mass). It's just hard to believe that I'm permanently stuck with a useless license.

Yes, but the judges will NOT second guess the LA's decision as a rule.
 
Don't you go before a judge when you appeal these things? I don't fully understand why a lengthy and circumstantial reason is even needed to want to carry a firearm (other than the obvious fact that it's Mass). It's just hard to believe that I'm permanently stuck with a useless license.

There are two ways to get an unrestricted LTC:

1. Convince the issuing authority you should have one. Although not an "appeal" in the legal sense, you are free to make your case to the director of the Firearms Records Bureau for consideration.

2. Obtain a court order. This is very, very difficult. First, you have to convince a court that your appeal is not moot because "you have not been denied". The law is silent on the issue of appealing a restriction - sometimes the courts will buy the reasoning "you have not been denied, so there is nothing to appeal"; on other occasions it will allow you present your case. Yes, even being allowed to argue your case is a hurdle to overcome in a "restriction appeal". If you convince the court that you have standing to appeal, you must then explain why the court should order a skilled professional who has dedicated his/her career to public safety to issue an unrestricted license against his/her best professional judgement. Sorry, but that's how the courts see it.

If you talk to a "specialist attorney" like Langer, Hickson or Cohen, expect an honest assessment of your chances, and don't be surprised when you hear the word "longshot" in conjunction with "district court appeal of restriction". I've read the court decision from one such case (appealing a restriction issued by a city in MA), and to say it was sympathetic to the law enforcement viewpoint would be an understatement.
 
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I see. I know of two instances personally where a judge has given people licenses after an appeal when they have been straight-out denied, but nothing in my case ("upgrading" from a restriction). They both made it seem like the judge was in the mindset of "if there is no disqualifying conviction, there is no reason this individual can't have the license". I could be wrong... maybe I'll give it a try.
 
Yes, but the judges will NOT second guess the LA's decision as a rule.

The courts have consistently held that is it not their role to determine what decision the court would make if it were the licensing authority, or even if the court agrees with the chiefs logic. The court's role is to determine if the chief had a reason and that that reason is not arbitrary, capricious and an abuse of discretion. MA courts (district and appellate) would not even order a license re-instated when the reason for revocation was taking the 5th when questioned about a crime (Godfrey v. Wellesley - which would make for a very interesting appeal in a post-Heller world).

Do not expect the behavior of MA courts to change until new precedents are set - which is a long, slow process ... but we're working on it [grin]
 
Like many issues pertaining to Mass firearms law, you are in a gray area as to how to proceed. I agree with Boudrie's analysis that it would be difficult to convince the court unless they feel you have a unique and compelling reason for the unrestricted license.

The goal in my opinion is to do everything you can to get the unrestricted license BEFORE you get the restricted one. And then if issued the restricted license write a letter requesting reconsideration further pleading your case.
 
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