Message from Comm2A to people applying/renewing post 1/1/15

[terraformer]

I just wanted to remind people (or make it clear to them by connecting the dots of information we have provided previously) that anyone who applies or renews for an LTC/FID on or after 1/1/15 who is either denied on the basis of suitability or given a restricted license, please submit your information at http://www.comm2a.org/index.php/contact-us/problem. We want to speak with you.

We also need all of you current license holders who know of people who will be applying to point them our way if they don't get the license they want.

 

[JZ1018]

My daughter (just turned 21) has her appointment in Boston on Jan. 6th. We will let you know how it goes.

 

[JZ1018]

Email sent concerning my daughter. Had to apply for Target and Hunting. Unrestricted was not an option.

 

[kalash]

I sent a letter asking for my restrictions to be removed. If denied, should I submit my info or is my case different from what you're looking for since its not application/renewal?

 

[Reptile]

Email sent concerning my daughter. Had to apply for Target and Hunting. Unrestricted was not an option.

How can that be?

I thought the law changed?

 

[OhNoNotaGun]

I'm also curious about Kalash's statement. I have a restricted license (got mine in Watertown, now live in Somerville). Wondering if you want to hear from people who have requested, or will request, that their restrictions be removed.

Thanks!

 

[jtnf]

How can that be?

I thought the law changed?

Ah, but there's the rub. He who has the best paper wins...
If you APPLY for unrestricted but are given restricted, there's cause for challenge... If your application REQUESTS restrictions then there is limited basis for challenge... If the TELL YOU to apply for restricted otherwise they refuse to accept the application, you now have to prove a verbal mandate.

 

[soloman02]

Ah, but there's the rub. He who has the best paper wins...
If you APPLY for unrestricted but are given restricted, there's cause for challenge... If your application REQUESTS restrictions then there is limited basis for challenge... If the TELL YOU to apply for restricted otherwise they refuse to accept the application, you now have to prove a verbal mandate.

Do what we do in NH: Send in the application via certified mail with delivery confirmation. If they refuse it, now you have legal standing to sue and evidence to go along with it.

Alternatively, go with a witness to apply and have said witness openly record everything. If they try to stop you from recording, Glik v. Cunnife prevents (supposedly) them from stopping the recording, so be sure to mention said first circuit case if they tell the witness to shut off the recording. Do not back down. Either they will refuse to accept the application on film, thus giving standing and evidence, or they will try to stop the recording with force, also giving you the ability to sue to summary judgement (I think that is the right term) because they knowingly violated Glik. Either way, you win (though one way you might actually win some money). Just make sure you have video recording software on the phone that also uploads the video to the web in realtime (just in case).

 

[Tater]

I am not a lawyer however I would Never write Target and Hunting, or Sporting down for a reason. I know that an Officer can be intimidating but they are not the end all be all of licensing. If you ask for a restriction you are certainly going to get a restriction. I would write down "Unrestricted" or "NO Restrictions" on the application. If they say that you need to write target and hunting or sporting tell them that your lawyer strictly advised that I write unrestricted or no restrictions. Let them know that you are going to apply for the license that you want.

 

[goodzilla]

Back in March 2014, Reading PD had my wife sign a separate letter stating that said she understood as a first time applicant she was going to receive a Target and Sporting Restriction. This was when she went in for her "interview" with the completed application. I am curious if they're still attempting to continue that policy.

 

[JZ1018]

The licensing officer would not let me go in with my daughter. The Boston application that is filled out by the applicant is different than what is entered into the computer. The licensing officer then takes the application and enters the info into the computer. My daughter was not asked to provide a reason for the license request. The officer filled it in for her. The application was printed and then my daughter signed it. Afterwards, the licensing officer explained to her in detail that she would need to write a letter to the LT in charge of licensing in order to try to get an unrestricted license.

 

[Dadstoys]

Sounds like a new (or at least that I've heard of) tactic.
Bully you into writing down that YOU requested the restriction.
You know how it will go later if it comes down to who's word will be taken.

 

[Bill Katt]

You know how it will go later if it comes down to who's word will be taken.

That might depend on how many people file suit together.

 

[Dadstoys]

That might depend on how many people file suit together.

Could see that working.

 

[terraformer]

Anyone who requested in writing that their restrictions be removed after 1/1/15 and gets a denial in writing send it in. I can't guarantee anything and by the time we move, you may be outside your state appeal window, so beware of those caveats.

 

[Reptile]

This is an outrage!

JZ1018's daughter was bullied by the Boston licensing officer.

I'd be calling Comm2a right now or contacting attorney Jason Guida.

The Boston pd told you to write the LT at the Boston pd just in time enough for your appeal window to expire.

 

[Squire]

Tangentially related, what is the required/recommended lead time for renewal applications? Mine expires 1 year from tomorrow...

 

[FrugalFannie]

Tangentially related, what is the required/recommended lead time for renewal applications? Mine expires 1 year from tomorrow...

LOL. Don't worry. You should be good. The glut was in 2014. You should be good to go applying 2 months in advance. Make sure you get a receipt that you applied and your LTC is still good until your renewal comes in (per the new law).

 

[Knuckle Dragger]

If you've gotten in touch with us thank you, but please be patient. Between day jobs, year-end non-profit tax stuff and a really high volume of inquiries, it will take some time before we get through all of it.

We prioritize intake based upon location, circumstances, timeliness, and how helpful we think we can be. This link: http://www.comm2a.org/index.php/contact-us/problem is still the best way to get on our radar. Make sure you give us as much factual information as you can.

 

[Len-2A Training]

Anyone who requested in writing that their restrictions be removed after 1/1/15 and gets a denial in writing send it in. I can't guarantee anything and by the time we move, you may be outside your state appeal window, so beware of those caveats.

I didn't think there was a set window wrt appealing restrictions in the new law??

 

[mike1960]

I have posted this info before but thought it was worth adding to the discussion. You do not get to choose. It is entered into the computer for you. This is the wording from the website I pulled 5 minutes ago.

The City of Woburn issues a Class A Restricted License unless applicant is a business
owner or law enforcement.

 

[jtnf]

I have posted this info before but thought it was worth adding to the discussion. You do not get to choose. It is entered into the computer for you. This is the wording from the website I pulled 5 minutes ago.

The City of Woburn issues a Class A Restricted License unless applicant is a business
owner or law enforcement.

"All lawful purposes/unrestricted" on app, witness and notarize a copy before providing it to the popo, then submit results to Comm2A.

 

[jho]

I just wanted to remind people (or make it clear to them by connecting the dots of information we have provided previously) that anyone who applies or renews for an LTC/FID on or after 1/1/15 who is either denied on the basis of suitability or given a restricted license, please submit your information at http://www.comm2a.org/index.php/contact-us/problem. We want to speak with you.

We also need all of you current license holders who know of people who will be applying to point them our way if they don't get the license they want.

If we already have representation and assistance in writing the letter to lift restriction, will comm2a even consider working with us if we decline service because we can't afford our current attorney's retainer during appeal ?

The licensing officer would not let me go in with my daughter. The Boston application that is filled out by the applicant is different than what is entered into the computer. The licensing officer then takes the application and enters the info into the computer. My daughter was not asked to provide a reason for the license request. The officer filled it in for her. The application was printed and then my daughter signed it. Afterwards, the licensing officer explained to her in detail that she would need to write a letter to the LT in charge of licensing in order to try to get an unrestricted license.

Given what you have said, that seems fishy. If they steered your daughter in any way and tricked her into applying for a restriction, I think it would be best for you to contact an attorney or Comm2a. If this is an unethical/illegal business practice, it should come to light so that it may cease and desist.

 

[terraformer]

I didn't think there was a set window wrt appealing restrictions in the new law??

So? A hostile judge can make one up. See Hightower, Chardin, etc. these judges have been making up bull shit and why would we give them ammunition in federal court where it hurts everyone. A state DC wouldn't care, they are dealing with one person and will just rule against them if they want. When we are involved, everything needs more buttoning up.

 

[Caveman]

If we already have representation and assistance in writing the letter to lift restriction, will comm2a even consider working with us if we decline service because we can't afford our current attorney's retainer during appeal ?



Given what you have said, that seems fishy. If they steered your daughter in any way and tricked her into applying for a restriction, I think it would be best for you to contact an attorney or Comm2a. If this is an unethical/illegal business practice, it should come to light so that it may cease and desist.

I know they did the same thing to me when my GF and I went in to apply together in Oct. They made us go in separately and didn't even give the option for us to say "unrestricted" they just automatically put it in even when I had it written "Unrestricted" on the application I handed her. I knew things were changing after the new year so figured I'd readdress it then. right or wrong it's the situation we're in now with Boston.

 

[jho]

If this is the case, how can you appeal if you haven't been rejected? You are receiving exactly what you are documented to have requested.


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[terraformer]

If this is the case, how can you appeal if you haven't been rejected? You are receiving exactly what you are documented to have requested.


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One of the towns tried this line of thinking and it didn't go very far. They would have to come out and call the applicant a liar and they know they can't do that. So it;s a small hurdle, not a big one.

 

[Quiet]

So? A hostile judge can make one up. See Hightower, Chardin, etc. these judges have been making up bull shit and why would we give them ammunition in federal court where it hurts everyone. A state DC wouldn't care, they are dealing with one person and will just rule against them if they want. When we are involved, everything needs more buttoning up.

In those cases, did the law also have verbiage such as the new law about challenging restrictions which plainly said "at any time" (If I recall correctly?)

 

[Riverside]

I know they did the same thing to me when my GF and I went in to apply together in Oct. They made us go in separately and didn't even give the option for us to say "unrestricted" they just automatically put it in even when I had it written "Unrestricted" on the application I handed her. I knew things were changing after the new year so figured I'd readdress it then. right or wrong it's the situation we're in now with Boston.

Boston has been entering the restrictions into the computer completely disregarding your written request for "none" since at least 2006. LT.Det. McDonough, as with his predecessor, is the only one who can change the outcome. There have been several threads here about how one does get restrictions removed in Boston. Good Luck using the new laws as an avenue for appeal.

Best regards.

 

[terraformer]

In those cases, did the law also have verbiage such as the new law about challenging restrictions which plainly said "at any time" (If I recall correctly?)

No, but there is no language that requires a Federal Judge to ignore circuit precedent because the legislature created an administrative appeals process. When we take cases, it's not based on that administrative appeals process. So that language doesn't apply. Other issues related to made up requirements exist from previous cases that are not affected or altered by that new language.