Massachusetts LTC LAW question

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Hi everyone I just signed up hoping to get some info from you guys I have a friend who is attempting to get his Massachusetts Ltc.
My question: he told me that when he was a juvenile (18) he got arrested and paid a fine of $100 for possession of marijuana paraphernalia not possession of marijuana in New Hampshire I think the year was 1998 or 1999 will this disqualify him from getting his Ltc in Massachusetts? again he did not go to court or just pay the fine. he is looking into it on Monday to see if that’s the actual conviction and if I do recall correctly I think New Hampshire allows you to expunge your record after 5 years so it’s been 15 LOL.
Information you know if your people on here I can help me with would be great ty
 
Have him get ALL the paperwork related to his arrest. Did he go to court? Get court documents as well and contact a 2A lawyer in MA:

http://www.comm2a.org/resources/attorneys

Tell him it's better to wait and get this all squared away prior to applying. As it's been so aptly put on this website, you don't want "LTC AIDS". Once you are denied once, you must put that on every application for the rest of your life.
 
Your friend needs to be VERY careful.

First, on the application, it asks: Have you ever been
arrested or appeared in court as a defendant for any criminal offense


He needs to answer "Yes". Whether the case was "expunged" or not. It may be in records somewhere, and to answer incorrectly is very bad.

Best bet: Your friend gets the relevant info from the Court, and goes to chat with the Licensing Officer in the town where he's applying. If it's not a statutory disqualification, then it's up to the LO. Better to have them put it on the table, before going through the work.


BTW, your sentence in the OP: again he did not go to court or just pay the fine. is a bit confusing.
 
A MJ conviction for less than 1oz is a statutory DQ under MA law, however, that particular DQ is not being applied due to federal court action.
 
A MJ conviction for less than 1oz is a statutory DQ under MA law, however, that particular DQ is not being applied due to federal court action.

Reading comprehension fail. [rofl]

It happened in NH, not MA, and it was paraphernalia, not MJ itself per OP. Depends on the POSSIBLE penalty back then.

I agree wrt getting all the paperwork (Docket Sheet) from the court and having a sit-down with the chief/LO. Probably not a statutory DQ, but some towns will deem you "unsuitable" and deny, so it pays to learn about that early in the process.

And if he paid a fine, he has to answer YES. Whether he showed up in court or not, as far as the system is concerned he had to in order to be fined.
 
Hi everyone I just signed up hoping to get some info from you guys I have a friend who is attempting to get his Massachusetts Ltc.
My question: he told me that when he was a juvenile (18) he got arrested and paid a fine of $100 for possession of marijuana paraphernalia not possession of marijuana in New Hampshire I think the year was 1998 or 1999 will this disqualify him from getting his Ltc in Massachusetts? again he did not go to court or just pay the fine. he is looking into it on Monday to see if that’s the actual conviction and if I do recall correctly I think New Hampshire allows you to expunge your record after 5 years so it’s been 15 LOL.
Information you know if your people on here I can help me with would be great ty


First post, huh? have your 'friend' contact an attorney if he/she wants to apply and has this on record. Legwork up front (before the application) can pay big dividends in the end.
 
Tell him to not screw around with this. It is not worth having a denial on his record. Unless he is 100% confident what the charge was, what the penalty for that charge could of been etc. etc. He needs to contact 1 of the firearms attorneys in Ma.

Also he would need to be careful because in a lot if states even though you were not actually arrested paying a fine is equal to an admission of guilt and/or conviction
 
Reading comprehension fail. [rofl]
And if he paid a fine, he has to answer YES. Whether he showed up in court or not, as far as the system is concerned he had to in order to be fined.

Ok, trying to get nback into the comprehension zone.

Unlike MA, NH has a record expungement system for minor offenses. Also, unlike MA, the NH system may accept the concept of "legal fiction" that allows an expungee to answer "no" to "have you ever been convicted".
 
Ok, trying to get nback into the comprehension zone.

Unlike MA, NH has a record expungement system for minor offenses. Also, unlike MA, the NH system may accept the concept of "legal fiction" that allows an expungee to answer "no" to "have you ever been convicted".

Yes, but the guy is now in MA and if they find it and he said "no" he's screwed for lying.
 
Yes, but the guy is now in MA and if they find it and he said "no" he's screwed for lying.

If it was EXPUNGED and he is screwed, he should contact Comm2A.

Expungement laws generally have a clause that "it never happened" and answering "no" is a legal truth.
 
If it was EXPUNGED and he is screwed, he should contact Comm2A.

Expungement laws generally have a clause that "it never happened" and answering "no" is a legal truth.

Rob, I hear you but if it comes up in a III run by the PD, he'd be screwed. If Comm2A could unscrew that is uncertain and would take lots of time in the courts.
 
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