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It is a tribute to Bump's integrity that a Democratic auditor would tackle this issue, however, she failed to distiguish between a Primary LTC and a Principal LTC
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"Reasons for Delays - According to officials at the 12 local licensing authorities we visited, these delays occurred because other public safety issues take priority, and many departments indicated that they lacked the staff and other resources necessary to complete the applications within the required 40-day timeframe."
"Auditee’s Response - DCJIS’s commissioner provided the following response... However, the actual authority to process and issue firearms licenses is vested in the Police Departments... many of these agencies struggle daily with resource issues which, in turn, prevent them from meeting the firearms licensing approval/denial mandates on a consistent basis."
It is a matter of the PDs choosing not to devote resources for things they do for you so that they have resources to do things to you.they lacked the staff and other resources necessary to complete the applications within the required 40-day timeframe."
It is a matter of the PDs choosing not to devote resources for things they do for you so that they have resources to do things to you.
Ever see a sign in a PD lobby "BAC tests not administered for the next 3 weeks since the alcohol testing officer will be on vacation"?
Absolutely, and neither the Auditor nor the DCJIS forcefully calls them out on it, why?, because it is go-along-to-get-along in a one party state. You will never win in this state, you can only draw satisfaction from being an annoyance (which I do )
Are there any state or federal laws that I can openly break but for which the law specifies no enforcement or penalty? Or does that only apply to when government breaks the law?
They have no authority over the cities/towns or their PDs, so they can't do anything.
Apples and oranges - we're talking about a State 'metric', but the law involving this metric didn't include any penalties for meeting it, nor any performance incentives. Whomever created this 'number' was an idiot, since it means nothing.
Apples and oranges - we're talking about a State 'metric', but the law involving this metric didn't include any penalties for meeting it, nor any performance incentives. Whomever created this 'number' was an idiot, since it means nothing.
Section 131(e) of Chapter 140 of the Massachusetts General Laws states,
The licensing authority shall, within 40 days from the date of application, either approve the
application and issue the license or deny the application and notify the applicant of the reason for
such denial in writing.
Apples and oranges - we're talking about a State 'metric', but the law involving this metric didn't include any penalties for meeting it, nor any performance incentives. Whomever created this 'number' was an idiot, since it means nothing.
How is that not a law? "shall" is pretty clear, it never means, "if you get around to it" or, "if it's convenient", or, "if you agree with the law" or anything else other than "must"
The fact that there's no penalties doesn't make it not a law. (even if it makes it effectively not-a-law)
If you wanna get snippy, then the law could be interpreted to mean that they can deny your request if they can't meet the 40-day deadline....that could be considered a 'reason for such denial'.....SO....you could interpret the long-lead-times as "we're doing you a favor by not denying it outright to meet a deadline that means nothing to anyone but YOU"....
Right, but they're not doing that, either.
If they were forced to actually deny people in writing (like the law says) at 40 days there would be a shitstorm of lawsuits, which the state would (ultimately) loose because they couldn't actually articulate reasons for any of those denials.
So instead they simply do nothing, in violation of the law.
It's asinine to suggest that they're doing anyone any sort of favor by dragging their heels or refusing to actually do their job.
Nowhere in the law does it say that "failure to meet the 40 day deadline is not an acceptable justification for denial of the permit", so such lawsuits would fail in a MA courtroom. Now you've set legal precedent for license denials....and you're moving backward. You sure you want to 'go there'?
The stuff you come up with sometimes is just so bizarre.
And if you had a permit to purchase you could have one delivered, or maybe not, but nobody knows since as far as anyone can tell none have ever been issued.Funny you should ask. Under ch. 140 sec 129B you can't possess a handgun in your home if you only have an FID. But under ch. 269 sec 10, having an FID card is a defense for possessing a handgun without a license. So it effect, it's illegal to possess a handgun if you have an FID card, but you can't be prosecuted for it.
Funny you should ask. Under ch. 140 sec 129B you can't possess a handgun in your home if you only have an FID. But under ch. 269 sec 10, having an FID card is a defense for possessing a handgun without a license. So it effect, it's illegal to possess a handgun if you have an FID card, but you can't be prosecuted for it.
Remember it's not illegal to be illegal in MA.Only in MA are legal things technically illegal and illegal things technically legal.
"Reasons for Delays - According to officials at the 12 local licensing authorities we visited, these delays occurred because other [STRIKE=public safety issues]public safety issues [/STRIKE] constitutional violations take priority, and many departments indicated that they lacked the [STRIKE=staff and other resources]staff and other resources necessary[/STRIKE] desire to complete the applications within the required 40-day timeframe."
Only in MA are legal things technically illegal and illegal things technically legal.
Are there any state or federal laws that I can openly break but for which the law specifies no enforcement or penalty? Or does that only apply to when government breaks the law?
So, what the **** are they going to do about it besides writing a report?
Funny you should ask. Under ch. 140 sec 129B you can't possess a handgun in your home if you only have an FID. But under ch. 269 sec 10, having an FID card is a defense for possessing a handgun without a license. So in effect, it's illegal to possess a handgun if you have an FID card, but you can't be prosecuted for it.
Oh you can be prosecuted for it.And after spending thousands of dollars of your own money defending yourself you'll probably win. By being broke and not in jail.
The stuff you come up with sometimes is just so bizarre.
Remember it's not illegal to be illegal in MA.
This is bizarre thinking even for MA.
I wrote my reps and included the report, they are both pro gun. But it will be interesting if they even reply. Told them if the PD cant follow the law it should be null and void and citizens relieved of the burden of licensing. Wont happen. But its good to stick this report in their face and ask them wtf they are gonna do about it
My guess is if they do reply it will be some pissing and moaning about not having enough time, recources, or money. In which case i ill use that excuse next time my car doesnt pass inspection and i just dont have enough time, recources or money to get it fixed. When ithe cop pulls me over im sure it will all be ok
It's only illegal if you're legal!
My town honestly has no excuse for this bullshit. We had a strange woman wondering around the neighborhood. She was obviously high on something; stumbling around, trying to get into houses and cars of the neighbors. So we finally called the cops to come get her because you never know what tweakers are gonna do, and I didn't feel like confronting her and possibly having to shoot her if she turned violent and tried to break in.
I kid you not, FIVE cruisers, an ambulance, and the fire chief responded. It was a shit show. Now tell me how out of proportion that response is, and now try telling me that they don't have the resources to file LTC applications in a timely manner.