I call BS. The state says they are processing stuff submitted in the last 2-3 weeks.
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MA Towns Suspending Licensing?
- Thread starter MAJoe
- Start date
I applied in the beginning of April, and am still waiting. Birthday has since come and gone. I got a receipt, but not sure if it is "MIRCS". How does one identify a "MIRCS receipt"? Don't they have to do this within 90 days or something?
84ta406
NES Member
What exactly is BS? I literally called today on my lunch break after I raided Wally of all their .22LR. My receipt even says to call sometime in Sept.
84ta406
NES Member
The one I just posted is the DCJIS receipt is the one everyone refers to.
Sent all my renewal stuff in on 5/14
Got the receipt
Expired on 7/17
Still haven't seen the lic
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The BS is that it's the state, FRB, that is holding it up. This has been proven over and over, it's the local PD feeding you BS. Look through this thread, there is a phone number for checking your status with the state. They will tell you when it was submitted and when they returned it to the PD, or that they haven't got it. Every time, it's the the local PD that is the delay. This is why some PDs can turn one around in weeks and others take many months, they all submit them the same way to the same state agency.
Mesatchornug
NES Member
Also - they told you not to call for more than 3 months after your application date. They have 40 days to complete the process. Your city is full of it. Not that this should surprise anyone, nor is it in any way your fault.
Not you, what you were told. The delay is not the state, it is the local PD.
My PD I believe was playing games as well, when I called they said it wasn’t there, then it came in the next day, and then I had to have a meeting with the chief. Then the next day no meeting was necessary.
ive had my LTC for 18 years without incident. The last time I renewed it was 13 days. I guess a month and a half isn’t too bad in the grand scheme of things, the process just grinds at me.
ive had my LTC for 18 years without incident. The last time I renewed it was 13 days. I guess a month and a half isn’t too bad in the grand scheme of things, the process just grinds at me.
Friday
NES Member
My town is doing the same thing- No new applications. I called for my renewal- "we're not doing LTCs right now" so, I asked, I just become a felon on my birthday? "when is your birthday?" Oh, call us when it is a month away." Went through the same routine 4 weeks out, finally they had me mail in my renewal. I enclosed a stamped envelope and requested they mail back a receipt, which they did. It took about 7 weeks to get my new license.
NO
They have 40 days to either deny or approve. There is no presumption that it was denied or approved, they just missed the deadline specified in the law. Unfortunately there is no consequence specified in the law for missing the deadline. So they don't care. As a result, which you can see in this and many other threads, they routinely go past the 40 days. And getting uppity about how long they take is a path to unsuitable, so be polite when you question them on how long it is taking.
Okay, because according to GOAL:
How To Apply For MA License To Carry (LTC) | GOAL - GOAL.ORG
Applying for a License to Carry (LTC A) In Massachusetts, in order to lawfully purchase or possess a large capacity handgun, shotgun, or rifle, a person must have a License to Carry Firearms (“LTC”).
goal.org
They say differently.
“ Q. What if I’m denied, even though I meet the standards in the law?
A. The law says you can appeal a suspension, revocation or denial of a License by filing a petition for judicial review in district court within 90 days. The law also says that if you do not get a License within 40 days from your date of application, you can assume you are denied and go to court. The court will expect you to prove that the chief’s decision to deny you was “capricious” or “arbitrary.” Chapter 150 of the Acts of 2004 created a Firearms Review board to review the cases of persons disqualified by misdemeanor convictions, and to vote on whether to restore the firearms rights of persons otherwise disqualified.”
So the functional denial after 40 days does seem to be supported by MGL, as is the 90 days that you have AFTER the 40 day clock comes to an end to appeal in district court. Now whether or not that is advisable, I suppose is a discussion to have with a lawyer and get their take on it, and whether or not you are successful is another.
GOAL is presently suing the City of Lowell for failing to issue licenses as a result of COVID, so at least the lawsuits are finally happening.
YOU can assume you've been denied, but there is no such presumption in the law.Okay, because according to GOAL:
How To Apply For MA License To Carry (LTC) | GOAL - GOAL.ORG
Applying for a License to Carry (LTC A) In Massachusetts, in order to lawfully purchase or possess a large capacity handgun, shotgun, or rifle, a person must have a License to Carry Firearms (“LTC”).
They say differently.
“ Q. What if I’m denied, even though I meet the standards in the law?
A. The law says you can appeal a suspension, revocation or denial of a License by filing a petition for judicial review in district court within 90 days. The law also says that if you do not get a License within 40 days from your date of application, you can assume you are denied and go to court. The court will expect you to prove that the chief’s decision to deny you was “capricious” or “arbitrary.” Chapter 150 of the Acts of 2004 created a Firearms Review board to review the cases of persons disqualified by misdemeanor convictions, and to vote on whether to restore the firearms rights of persons otherwise disqualified.”
And I'm sure you can use that 40 days to file the appeal, which you will lose. Mostly because how do you argue your side when you don't even have a reason when you file? But you can bet that when they do respond, after you've filed for an appeal, they will have a reason to deny.
The reality is that they go past 40 days routinely. And while you might eventually prevail by going to court as soon as possible, it won't be at the first hearing, so have that bankroll handy.
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This distinction is important because it precludes "No appeal possible, you have not been denied".
This logic was used by SCOTUS to uphold the ban on federal "Relief from firearms disability" applications. Since applications are not accepted, the would-be applicant has no right to due process regarding the application or to have the application accepted.
Rob, so if I’m understanding you correctly: the PD accepts the application, and you’re issued a MIRCS receipt on the spot, after 40 days without any response, you are presumed to be denied?
HOWEVER, if you mail in an application, or for whatever reason no MIRCS receipt is provided, the application is not considered complete/processed, the 40 day clock isn’t in place and you have no right to appeal?
If the law presumed a denial, which it does not, everyone who has ever had an application go beyond 40 day would have a legal presumption of a denial. And all those people would need to disclose that denial on all future applications, both in MA, and in other states that ask if you have even been denied. Sure, you can explain why you were denied, but you would still have to answer yes to have ever been denied.
I know way to many who's application went beyond 40 day but were approved. Are they all lying on their applications?
namedpipes
NES Member
And has not been for YEARS. (towns vary of course)
Standard practice for renewals should be to call the state periodically to verify they've received and printed the license, allow 3 - 5 business days for the post office and then start calling the PD daily once they "should" have the license back.
xero2099
NES Member
as always its the local PD that can choose to drag their feet if they wish
allen-1
NES Member
You should send me your guns and ammo; "in an excess of caution".
All crated up save a few
Going to the in-laws.
How far are you from Loganville, that where they'll be
Going to the in-laws.
How far are you from Loganville, that where they'll be
