What do people know about "reserving your rights"?
Here is some correspondence from somebody a while back from somewhere else:
"How do you reserve your rights?"
Is any of this worth even considering? Or will it just cause problems? (I found it while looking for something else.)
Here is some correspondence from somebody a while back from somewhere else:
Have you reserved your rights upon filing an application under
c.180?
If you sign the application forms without reserving your rights,
should the information on that form be unlawfully used or
stolen, you will have no standing in court in which to seek
redress of rights, because you didn't reserve them!
Some 200,000 military personnel had their most personal and
private of information stolen from some company out west.
Do you give the police your Social Security number on the
application or your fingerprint forms? Why?
If the information is stolen off your application and used
to create false ID's and the such, after it is stolen,
it is too late to reserve your rights!
In the first place, I can't figure out why you have to surrender
personal information to receive an LTC?
If you apply for an LTC, and no one with your name is on NICS,
why does the Criminal History Systems Board need to keep it in
the first place? Why don't they just destroy it?
What has the retention of YOUR personal information done to stop
or prevent a single misuse of a gun by a criminal? Sounds like
they keep the info just to make work and to justify the jobs of hacks!
You may want to generate a letter and send it to your local
Licensing Authority, notifying them, that you reserve your right
to seek redress should your personal information be stolen off
your application, and that if c.180 is found to be unconstitutional,
you will hold the Licensing Authority personally responsible and
liable for all damages. Remember, it is a rule of law, that no
public servant can do that which is unconstitutional.
But, you must reserve your right to seek redress of grievance.
See this case:
"Supervisory liability may be imposed under Title 42, Sec. 1983,
when an official has actual or constructive notice of
unconstitutional practices and demonstrates 'deliberate
indifference,' by failing to act."
MERIWETHER v. COUGHLIN, 879 F2d 1037 (2nd Cir. 1989)
When you send that letter reserving your rights, you will be
giving the Licensing Authority 'constructive notice', that you
have some concerns over c.180 and that you are now reserving
your rights to take action should you be legally injured by
misuse of your personal information retained by the CHSB,
or anyone who acted to obtain same.
Be sure to send a copy to the CHSB too!
"How do you reserve your rights?"
You state it in writing on the document you are submitting.
"Reserving all rights"
Do this just above your name. This incorporates this right into the body
of the document, and then reserves your right to challenge the conditions
of the document.
Read also MGL c. 106
Is any of this worth even considering? Or will it just cause problems? (I found it while looking for something else.)