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LTC??

sig shooter

sig shooter

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my mom wants to get her LTC and she lives in plymouth she has no crimimal record execpt.... long story short she kicked my father in the ass becasue he was being an ass LOL and she got arrested over 7yrs ago, my father didnt press charges and the whole case got throw out of court by the judge. would this whole buch of crap in any way prevent her from getting a non-restricted LTC in plymouth?

thanks
 
It could come up I expect... as I don't have experience in a situation like this I would refer you to lawyer that deals with these things. Better to be prepared then to be be surprised.
 
If she was arrested/arraigned in Mass. it will appear on her BOP (Board of Probation) file, which is easily accessed by local law enforcement. If I were a betting man, I would bet that it would be an issue.
 
Scully714 said:
If she was arrested/arraigned in Mass. it will appear on her BOP (Board of Probation) file, which is easily accessed by local law enforcement. If I were a betting man, I would bet that it would be an issue.
Click to expand...

is the BOP file part of your CORI report or are they two separate databases?
 
I have heard of that before, but what would be the main advantage of getting one first? You would have to come up with a retainer.

-You Apply
-You get denied
-you file an appeal through Goal
-you bring a lawyer then (even if that is necessary???)
 
evan9201 said:
would that cost her anything?
Click to expand...

Yes. But call them up and ask how much it would cost. I suspect it would not cost her much to have an attorney help her draft her application and put the incident in the best light.

Consider it this way, if she does not present the incident carefully, the licensing officer may turn her down. In that event, the legal fees to overturn it would be much higher.
 
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Producer said:
I have heard of that before, but what would be the main advantage of getting one first? You would have to come up with a retainer.
Click to expand...

1) Every attorney that I've spoken with will gladly give out an estimate for free.
2) I doubt that the cost of an attorney to review a license application would be that much.
3) As pointed out by Scrivener & Cross-X, if you don't properly answer the questions on application then you have committed a crime and could be prosecuted. The cost of that defense would far, far exceed the cost of an application review. For anyone with a complicated history (i.e., one that includes an arrest), this may be a wise investment.
4) An attorney may be skilled at helping put the arrest in the best light. They're trained and experienced in persuasion and have dealt with police officers far more than the average law-abiding citizen.
5) It would be far easier (and less costly) if you can prevent the rejection in the first place than to try to get it reversed on appeal.

If she does agree to speak with an attorney, have her talk with an experienced firearms attorney. The fellow who did your will or real estate closing is undoubtedly well versed in that part of the law, but likely completely ignorant of MA firearms law.
 
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Dirtypacman said:
It could come up I expect... as I don't have experience in a situation like this I would refer you to lawyer that deals with these things. Better to be prepared then to be be surprised.
Click to expand...

If she was arrested and fingerprinted it will definately come up. If it was dismissed in court, it wont be a disqualifier, but she definately has to acknowledge it on question 10 and explain it. A court disposition would be helpful here. IANAL so take it for what it's worth.
 
All good points M1911,

I just find it hard to believe that anyone would honestly fill out the form and get prosecuted for it. And the FLRB is only $100 right?
 
Producer said:
All good points M1911,

I just find it hard to believe that anyone would honestly fill out the form and get prosecuted for it. And the FLRB is only $100 right?
Click to expand...

IIRC, some of the attorney's here have worked with people who thought that they filled out the form correctly, but did not. Even if they don't get prosecuted, if you didn't fill out the form correctly, the licensing officer will likely think that you lied to him, and he's got proof (the form). And I suspect that would lead to a denial due to "suitability" which I would guess would be almost impossible to get overturned.
 
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Producer said:
I have heard of that before, but what would be the main advantage of getting one first? You would have to come up with a retainer.

-You Apply
-You get denied
-you file an appeal through Goal
-you bring a lawyer then (even if that is necessary???)
Click to expand...

Chiefs love "legal luminaries" like you. [rolleyes]

You don't "file an appeal through GOAL," which assertion qualifies as one of the most asinine ever made on the subject (and there have been many). [slap]

Those of us who actually do know something about the subject, which you obviously don't, are aware that appeals are filed in the district court. Moreover, district court is, on average, a rubber stamp for the chief's denial because (among other factors) the burden of proof is not on the chief to justify the denial, but the applicant to prove a negative: That he or she is NOT "unsuitable."

Don't need a lawyer? Stellar - you couldn't fill out the application correctly, but you have the acumen to properly prepare, file and prosecute an appeal?! Right...

I just find it hard to believe that anyone would honestly fill out the form and get prosecuted for it.
Click to expand...

We find it hard to believe you are so ignorant of the process and facts.

And the FLRB is only $100 right?
Click to expand...

Right. And, again, WRONG.

Yes, it's $100.

NO, it does not hear appeals of denials any more than GOAL does.

Hint: Post much less; read much more. You'll be doing yourself and us a big favor.
 
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Scrivener said:
Chiefs love "legal luminaries" like you. [rolleyes]

You don't "file an appeal through GOAL," which assertion qualifies as one of the most asinine ever made on the subject (and there have been many). [slap]

Don't need a lawyer? Stellar - you couldn't fill out the application correctly, but you have the acumen to properly prepare, file and prosecute an appeal?! Right...

We find it hard to believe you are so ignorant of the process and facts.

Hint: Post much less; read much more. You'll be doing yourself and us a big favor.
Click to expand...

This is the kind of stuff that makes people think Scriv is a pain in the butt.

Too bad they can't take the good advice they get from him and just swallow their pride about getting scolded. Scriv's done them a favor, albeit in his own warm and cuddly way.

Rep point added
 
Evan, have her call Captain Belmont and run it by him. He's the one that would ultimately sign her LTC if she were to get one. He'll give her the straight poop as to whether she'd have a problem or not.
 
Scrivener said:
Hint: Post much less; read much more. You'll be doing yourself and us a big favor.
Click to expand...

Got to love this guy. [grin]

Thank you, good advice. But you do have to admit that honesty is the best policy when filling out that form. A few months ago, a good friend applied in Plymouth. He was the top suspect of burning down an abandoned house in the 60's at 12 years old. He was honest, he now has his permit.

BTW; when lawyers die, why do they bury them 20 feet under ground?
 

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