lTC denial M

have you even been arrested or been a defendant in court , I said no , because I took that as being in jail or prison facing the charge , which I was arrested when I was 16 for a bag of weed
 
Goodluck. I don't know how it works but seems like a silly thing to lose a constitutional right over. Maybe you will get one of the lawyers on here to steer you in the right direction.
 
Aaron kol said:
Hello people , so I live in Massachusetts, I recently went and applied for my LTC and the other day I got a letter of denial , it said it was because I was untruthful on my application, so for a few hours I couldn’t figure it out why because I thought i answered everything truthful and correct , so after speaking to a friend who’s had his for years , we went over it and I realized after the fact( go figure) that on question 4 where it says have you even been arrested or been a defendant in court , I said no , because I took that as being in jail or prison facing the charge , which I was arrested when I was 16 for a bag of weed which I was never charged or convicted for just paid a fine , and I’m thinking that’s the reason why , I know I have to appeal , but Does anyone know if they will still deny me because of that ? Cause I put no and didn’t understand the question at first ? Anything would be helpful right now thanks
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Just ask the police what they're claiming you were untruthful about. They owe you a more specific explanation than being "untruthful", and maybe it's a mixup.

If it's not a mixup, stop speaking to them and hire a lawyer. In fact, if you have the cash, it's better to hire a lawyer immediately and have them handle everything.
 
I think it's going to depend on when the arrest happened and the penalties potentially associated. I know the misdafelony thing can bite people. If the potential penalty is over 2 or 2.5 yrs (I forget which) you become a prohibited person. Lying on the form (unintentionally or not) will tend to put a knot in the chiefs panties about you.

Good luck.
 
This is going to cost you.

Call Jason A. Guida

Attorney Jason A. Guida

I would explain the whole thing to him.
You may need to obtain the disposition to your case by going to the courthouse.

Once you have that, you should have Attorney Guida handle it before you dig yourself in a deeper hole with the Chief or the Licensing Officer.
 
one-eyed Jack said:
What town? Jack.
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Hopefully not Auburn. They would have charged him with a False Statement on the application.


140/129/A - FIREARM APPLIC, FALSE STATEMENT ON c140 §129
on [DATE OF OFFENSE:], in purchasing, renting or hiring a firearm, rifle, shotgun or machine gun, or in making application for some form of license or permit issued in connection therewith, or in requesting that work be done by a gunsmith, did give a false or fictitious name or address or did knowingly offer or give false information concerning the date or place of birth, citizenship status, occupation, or criminal record, in violation of G.L. c.140, §129. (PENALTY: imprisonment not more than 1 year; or not less than $500, not more than $1000; or both.)
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millbilly said:
have you even been arrested or been a defendant in court , I said no , because I took that as being in jail or prison facing the charge , which I was arrested when I was 16 for a bag of weed
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Arrested is arrested is arrested. Taking that anyway other than being arrested is the wrong answer.
 
Another problem here is that for the rest of your life, no matter what state you may move to, you'll have to answer "Yes" to the "Have you ever been denied a license to carry?" question.

Personally, even with a lawyer, I think you're screwed. If the chief has a bug up his ass about you, if he doesn't now he will after a suit, he can always just let you reapply then deny you based on suitability and not have to give any reason.
 
My guess is that no judge will be sympathetic to the assumption you made in answering "no" to that question. Did you learn anything from all this at least?
 
Aaron kol said:
I was arrested when I was 16 for a bag of weed which I was never charged or convicted for just paid a fine
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You don't pay a fine if you weren't charged. There's certainly something missing here. I suggest you go to the court and get a copy of the docket BEFORE talking to a lawyer.
 
You need a lawyer, but making a mistake is not lying, so you may have a chance to amend the application.

PS, Better yet, just move to NH then send the Chief a photo of your first purchase.
 
I almost made the exact same mistake about 20 years ago on my first LTC application. In the PD parkinglot about to bring in the application and I decided to proof-read it. Realized my mistake and ripped it up, then went in to ask for another app.

Long story short if you're 15 years old and smoking a joint with some buddies on a park bench, make sure that park bench isn't 15 yards from a main road. Stay in school kids.
 
This will be a tough one because of the last line on an LTC application, right above the signature line:

"I declare the above facts are true and complete to the best of my knowledge and belief and I understand that any false answer(s) will be just cause for denial or revocation of my license to carry firearms. I understand that filing an application that contains false information is a criminal offense."

A "mistake", while earnest or not, is still a false answer. By signing below, you are basically stating that quote personally (the "I" in that statement is you), essentially agreeing that a false answer is "just cause for denial". I think you'd need a seasoned 2A attorney on this.
 
ReluctantDecoy said:
This will be a tough one because of the last line on an LTC application, right above the signature line:

"I declare the above facts are true and complete to the best of my knowledge and belief and I understand that any false answer(s) will be just cause for denial or revocation of my license to carry firearms. I understand that filing an application that contains false information is a criminal offense."

A "mistake", while earnest or not, is still a false answer. By signing below, you are basically stating that quote personally (the "I" in that statement is you), essentially agreeing that a false answer is "just cause for denial". I think you'd need a seasoned 2A attorney on this.
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"the best of my knowledge and belief "

This covers it. But it will mean litigation.
 
first time applicants can sometimes answer the questions wrong merely by trying to answer the question the way they think the issuing authority wants them to answer. bad idea to try that.

i'm not a lawyer...but all may not be lost, but mr. guida can tell you for sure. my best friend was denied because of an arrest at 16 for an oui. he was 31 when he put his first application in. i won't go all the way into detail except to say he was asleep in the back seat of a car parked on the shoulder of a road with the keys in the ignition, engine not running.. he was hammered, cops arrested him. since he was a minor, after his court appearance, he believed his jacket was sealed and that when he turned 21 his juvenile record would be expunged. never checking the status of that record, he applied for the ltc and answered no to ever been arrested. he didn't get it cause all this mess came to light during the background check. how he rectified it...he contacts the police in his city, waltham, to find out why and had a conversation which could solve his denial. they told him to go to the court and start the motion to get the record expunged. after that, if they did expunge the record, the licensing authority told him to come back and he could reapply. the court expunged, he reapplied and got his ltc, end of story. so maybe you have hope.
 
Wrench75 said:
Another problem here is that for the rest of your life, no matter what state you may move to, you'll have to answer "Yes" to the "Have you ever been denied a license to carry?" question.
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Overblown and mostly irrelevant. "denied because i didn't fill out the form correctly" isn't terribly dramatic.

Personally, even with a lawyer, I think you're screwed. If the chief has a bug up his ass about you, if he doesn't now he will after a suit, he can always just let you reapply then deny you based on suitability and not have to give any reason.
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May not even need a lawsuit to resolve..

-Mike
 
mousegunfan said:
"the best of my knowledge and belief "

This covers it. But it will mean litigation.
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It will be tricky for the attorney to separate recollection of arrest experience from comprehension of the application question, and this case would appear to hinge on that separation. The "knowledge and belief" doesn't seem to pertain to one's ability to understand the application, just recall your personal history accurately.
 
EddieCoyle said:
Consult an attorney, and stop posting about your situation online, especially if Aaron Kol is your real name.

Say the word and I'll delete this thread.

You got your answer.
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That was a little extra , but thanks for the help I really appreciate lol
 

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