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Mass LTC Holders with FLRB Reliefs Will Be revoked !

SERE said:
Welcome. Best of luck to you and all those affected.
Rhetorical, unless you want to answer. How'd you find NES? Now go tell ALL your friends!
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A friend turned me on to the site when I was looking to buy via private party after being cleared by flrb and still denied purchase at ffl as i had been for the past 8 years with the fid card that was issued to me. I had assumed u.s.c./ 921 (a) (20) would apply to me but apparently not.
 
cma said:
Some of the affected people were in fact juveniles when the offenses were committed. 17 years old, which I may be wrong are not Juvenile in ma
how about federal?
Some of these affected also have Current CR FFLs
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So if some of these people have Current FFLs how is it possible to not be legal at the fed level
One possible answer is the NICS check is not in sync with Mass CORI
another may be because the offense occurred before the age of 18
or maybe they just don't have there Sh@t together
 
Jerbal said:
So i am one affected by this, bad lawyer in1995 and stuck w a conviction. Went through the flrb last year and got my ‘rights restored ‘. Purchased a 45 about a month ago, bought a .38 on Sunday both privately before i heard about all of this. I quickly transfered both firearms into my wifes name. I have no notification on my ltc being revoked yet and still shows valid on the portal. I actually have a request for a vaf appeal.. guess i know how that’s going to turn out.
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Like what was said Having another person with a LTC in the household in most circumstances protects the Firearms
this with getting a mass FFL on speed dial is a must.
 
cma said:
getting a mass FFL on speed dial is a must.
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ALL gunowners in MA should have an arrangement made with an FFL to pick up their guns if there is a licensing issue.

It's like wearing a seatbelt - don't assume it cannot happen to you just because you are not on the radar screen this week.
 
cma said:
Like what was said Having another person with a LTC in the household in most circumstances protects the Firearms
this with getting a mass FFL on speed dial is a must.
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Having another person may not protect them the way you think. If the cops come in looking for guns to confiscate they might just take everything in the safe/house and let the courts sort it out. They care nothing for your rights, and by the time you get it sorted they will be in a bonded thefthouse and not worth buying them back out. The FFL angle is the most important thing to get set up, so that if the worst happens, you might save them.
 
firestorm said:
Having another person may not protect them the way you think. If the cops come in looking for guns to confiscate they might just take everything in the safe/house and let the courts sort it out. They care nothing for your rights, and by the time you get it sorted they will be in a bonded thefthouse and not worth buying them back out. The FFL angle is the most important thing to get set up, so that if the worst happens, you might save them.
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Depends on department .
Depends on reason. Is judge going to issue a search warrant for a misdemeanor 35 years ago when the state gave you the license
and now they want it back? You pistol whip your next door neighbor up with your Sig because hes sleeping with your wife.
I am on number two with different police departments both times 5 years apart they asked if someone else in household was licensed.
 
cma said:
Depends on department .
Depends on reason. Is judge going to issue a search warrant for a misdemeanor 35 years ago when the state gave you the license
and now they want it back? You pistol whip your next door neighbor up with your Sig because hes sleeping with your wife.
I am on number two with different police departments both times 5 years apart they asked if someone else in household was licensed.
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When they show up with the letter revoking your license and demand all your guns. You open the safe while they watch, they empty it over your complaints that half of those are your wife's guns. You only have to give them the "firearms" but how likely is it they will let you separate the uppers from the lowers, or even remove expensive optics and accessories? (Hint, not very) You may luck out and have a department that only wants your stuff, or is willing to work with you to get your stuff to a friendly FFL. But many others are not and transferring all the stuff to your wife may not work unless there is some way to prove you have no access (Safe that only she has combo for, guns all locked in a part of the house you don't have a key for etc.)
 
cma said:
why let them in?
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Well, you feel free to refuse, I would love to see caselaw saying that it was ok to not let them in in that case. Unfortunately in the mean time you will probably get a beating plus them ripping your house to shreds looking for the guns for noncompliance.
 
but how likely is it they will let you separate the uppers from the lowers, or even remove expensive optics and accessories? (Hint, not very)
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Varies tremendously.

Some of these confiscations are being done by letter with an order to deliver the guns to the PD.

I know of one town that asks Dowd to "hurry up before the owner gets his dealer here" and another town that is not very pro-gun that provides totally reasonable cooperation if a confiscee wants to have the dealer next door to the PD take the guns (and then charge storage at 1/3 of the Dowd rate).

A friend had his guns taken a few years ago on a 209A. He was "well known to the PD" (in a positive way) and the officers knew it was BS, so they treated his guns with care and returned them once the 209A was vacated. His first comment when they showed up at his house with the confiscation order was "You're going to need a couple more cars".

I would love to see caselaw saying that it was ok to not let them in in that case.
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The key is to not resist, but make it perfectly clear you are willing to comply by bringing all guns, high cap mags, and ammo to the door for surrender. Say this politely, and clearly, and get someone on the phone to ear witness the statement if you can. This will not stop them from entering but can provide a very useful negotiating tool if they find that you have something you thought was legal but the PD alleges is a technical violation of the mag ban, AW ban or fun stuff ban.

The FIRST tool police use to defend questionable searches or entries is to allege that consent was given. It is incumbent upon you to make this claim as difficult as possible to sustain.
 
firestorm said:
Well, you feel free to refuse, I would love to see caselaw saying that it was ok to not let them in in that case. Unfortunately in the mean time you will probably get a beating plus them ripping your house to shreds looking for the guns for noncompliance.
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Best bet is to acquire the firearms out of state and not report that you own them. If you buy in MA they have a complete list which they will certainly use against you. All of mine were purchased in southern states.
 
firestorm said:
Well, you feel free to refuse, I would love to see caselaw saying that it was ok to not let them in in that case. Unfortunately in the mean time you will probably get a beating plus them ripping your house to shreds looking for the guns for noncompliance.
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Like all cowards, cops are brave when there is 10 of them against a single person. I am glad that Kevin Harris blew away that federal jackboot at Ruby Ridge and was found not guilty.
 
You open the safe while they watch, they empty it over your complaints that half of those are your wife's guns.
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By opening the safe, you have proven that you have access to your wife's guns, thus are in possession, making them fair game. You might have a slim chance if there were two safes and you and your wife each had the combo to only one. VERY slim chance.
 
Rob Boudrie said:
By opening the safe, you have proven that you have access to your wife's guns, thus are in possession, making them fair game. You might have a slim chance if there were two safes and you and your wife each had the combo to only one. VERY slim chance.
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True, but whats the likely outcome when you say "My guns are gone, I don't have access to anything in any safes in here"? I can't see them believing you at face value, and just going away.
 
Rob Boudrie said:
ALL gunowners in MA should have an arrangement made with an FFL to pick up their guns if there is a licensing issue.

It's like wearing a seatbelt - don't assume it cannot happen to you just because you are not on the radar screen this week.
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Just sucks if you have many offlist guns
 
Rob Boudrie said:
The key is to not resist, but make it perfectly clear you are willing to comply by bringing all guns, high cap mags, and ammo to the door for surrender. Say this politely, and clearly, and get someone on the phone to ear witness the statement if you can.
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Is it legal to record the whole situation on your smartphone? Assuming you inform them that you're recording?...
 
firestorm said:
True, but whats the likely outcome when you say "My guns are gone, I don't have access to anything in any safes in here"? I can't see them believing you at face value, and just going away.
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Your point is excellent and very well taken! Thank you.
As stated earlier Two things ma LTC,s holders should have is
1) Someone else in the household with a LTC. (Depends on circumstances)
2) A mass Dealer\FFL on board with you.

Moving on
Here is a list taken from
here NICS Appeals

here is copy and paste of Prohibited Person (pp) Federally
A federal prohibition would exist for any person who:

  • Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
  • Is a fugitive from justice
  • Is an unlawful user of or addicted to any controlled substance
  • Has been adjudicated as a mental defective or committed to a mental institution
  • Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa
  • Has been discharged from the Armed Forces under dishonorable conditions
  • Having been a citizen of the United States, has renounced U.S. citizenship
  • Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
  • Has been convicted in any court of a misdemeanor crime of domestic violence
  • Is under indictment for a crime punishable by imprisonment for a term exceeding one year
In addition to federally prohibitive criteria, the NICS must delay or deny firearm transfers based on applicable state law.

A delayed transaction will be purged from the NICS within 88 days from creation. The NICS Section recommends that you wait 30 days from the date initiating the check prior to filing an appeal on a delay to give the NICS Section’s staff time to complete the initial transaction. If your original background check is completed, the Federal Firearm Licensee will be notified with a final status.
 
firestorm said:
True, but whats the likely outcome when you say "My guns are gone, I don't have access to anything in any safes in here"? I can't see them believing you at face value, and just going away.
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Yes, this is a very real concern. Especially if they show up with the list from MIRCS, which we all know is shit.
 
Can anyone direct me to where these united states code laws are written
specifically 18 U.S.C. 922 (g) 18 U.S.C.922 (1) 18 U.S.C 921 (a) (20) ?
 
I obtained the legal services of attorney Jason Guida 3 years ago and have invested $7k into getting my Firearms Rights restored. I was denied due to a technical issue and ended up petitioning Superior Court in Lawrence where I won and my situation was remanded back to the FLRB for a re-hearing and now this. This is total BS to say the least. Every misdemeanor in Massachusetts carries a max house of correction time of 2 1/2 years so basically everyone is a Federally Prohibited person in the eyes of the Govt. If you served no time, Was a minor crime and you only paid a fine and/or probation this should not make you a Federally Prohibited Person. There is no relief, expungement or annulment in Massachusetts? What happened to due process rights or the fact that this is unconstitutional. I have sent an email to the Governor's office, Senator Bruce Tarr and to the NRA-ILA. Something needs to be done here folks?
 
firestorm said:
True, but whats the likely outcome when you say "My guns are gone, I don't have access to anything in any safes in here"? I can't see them believing you at face value, and just going away.
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They take your safe to the fire sept and tear it open with the jaws of life ! True story. It happened to me
 
Stefan DeSimone said:
I obtained the legal services of attorney Jason Guida 3 years ago and have invested $7k into getting my Firearms Rights restored. I was denied due to a technical issue and ended up petitioning Superior Court in Lawrence where I won and my situation was remanded back to the FLRB for a re-hearing and now this. This is total BS to say the least. Every misdemeanor in Massachusetts carries a max house of correction time of 2 1/2 years so basically everyone is a Federally Prohibited person in the eyes of the Govt. If you served no time, Was a minor crime and you only paid a fine and/or probation this should not make you a Federally Prohibited Person. There is no relief, expungement or annulment in Massachusetts? What happened to due process rights or the fact that this is unconstitutional. I have sent an email to the Governor's office, Senator Bruce Tarr and to the NRA-ILA. Something needs to be done here folks?
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Awesome job !! I’m with you !! This is my second time around with flrb reliefs. I can double your money spent !! So fkn aggravated with all this. I’m not a criminal
 
Knuckle Dragger said:
We received our second win, this time against Monson. Nice work again by attorney Jeff Scrimo:

View attachment 248333

Note the judge's emphasis on 'fully restored' and his comment on preemption.

Now will have to see if the FRB actually allows the license to be returned. Stay tuned.....
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Excellent!!! Comm2a donation inbound...
 

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