Is it still kosher for towns to ask for letters justifying why you need/want an unrestricted LTC? My town does.
I'm not aware of anything that prevents them from doing so.
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Is it still kosher for towns to ask for letters justifying why you need/want an unrestricted LTC? My town does.
I'm not aware of anything that prevents them from doing so.
I was thinking...isn't the default under the new law supposed to be to issue unrestricted?"
Yes, that may be true, but only up to a point. The jury is still out on how seriously the courts will treat the new suitability definition what constitutes 'reasonable ground' for restricting a license.it is looking like the whacky gun laws on MA may actually be helping us now
Extra requirements like letter or recommendation, letters to the chief, etc. only existed due to the implied threat of a suitability denial. That's gone now, or should be and some towns have dropped those requirements. Others have not. The game they'll continue to play is the "we can't accept your application until it's complete", BS. That puts the applicant in the position of initiating legal action against the police department even before they've submitted an application.Is it still kosher for towns to ask for letters justifying why you need/want an unrestricted LTC? My town does.
I'm not aware of anything that prevents them from doing so.
No, not necessarily. The new law only gives someone the statutory right to appeal a restriction (the right was always there) and gives a court the ability to order the restriction removed if there was no 'reasonable grounds' for imposing the restriction.I was thinking...isn't the default under the new law supposed to be to issue unrestricted? And doesn't a requirement for a letter presume the opposite--"Our default is to issue restricted, and you need to justify why you want us to deviate from the default"?
Apologies if I'm misunderstanding this. If I am, clarification would be appreciated.
Extra requirements like letter or recommendation, letters to the chief, etc. only existed due to the implied threat of a suitability denial.
I'm lost.
I was looking at the MGL and it still has the suitability language. So I don't see how the threat of a suitability denial goes away. Could you point me to the appropriate language in the MGL?
A determination of unsuitability shall be based on: (i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety.
I'm lost.
I was looking at the MGL and it still has the suitability language. So I don't see how the threat of a suitability denial goes away. Could you point me to the appropriate language in the MGL?
Yes, that may be true, but only up to a point. The jury is still out on how seriously the courts will treat the new suitability definition what constitutes 'reasonable ground' for restricting a license.
I was referring to the historical context of the law pre-1/1/15. Suitability has (supposedly) been reigned in and limited by this:
Failure to provide the chief a letter justifying your 'need' to exercise the Second Amendment doesn't rise to this standard.
My point, however, is that when push comes to shove, people will do almost anything their PD demands of them because the alternative is not getting the coveted license.
That website hasn't been updated yet.
Here's the text of the bill: https://malegislature.gov/Laws/SessionLaws/Acts/2014/Chapter284. Scroll down to Section 48 and look past (x).
That's the law. The state's website is not the official version.
Yea, I know. It's just very difficult to read the law when you have to read the original document and then figure out the "paragraph amended by adding..." crap of the bill.
Is there a clean copy of the law as it is today somewhere online?
It's never been KosherIs it still kosher for towns to ask for letters justifying why you need/want an unrestricted LTC? My town does.
Yea, I know. It's just very difficult to read the law when you have to read the original document and then figure out the "paragraph amended by adding..." crap of the bill.
Is there a clean copy of the law as it is today somewhere online?
it is looking like the whacky gun laws on MA may actually be helping us now
That's why we spent so much time parsing through the bill trying to figure out what it actually means. The official Comm2A digest can be found here.
You're best hope for a 'clean' copy is to wait for the state to publish one.
That's why we spent so much time parsing through the bill trying to figure out what it actually means. The official Comm2A digest can be found here.
That's why we spent so much time parsing through the bill trying to figure out what it actually means. The official Comm2A digest can be found here.
You're best hope for a 'clean' copy is to wait for the state to publish one.
See comm2as website for a doc illustrating the changes.
Yes, in a year or two!
I was just digging thru the new law to find something only to find that it refers to adding words after "Line 254". Good luck with that.
The state doesn't give a damn that the only readily accessible copy of the complete gun law isn't updated for months or maybe a year or more!
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE I. CRIMES AND PUNISHMENTS
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE
Chapter 269: Section 11. Printing statutes for posters; display
Section 11. The state secretary shall, annually, cause to be printed, in English and in such other languages as he may deem necessary, and in large letters so as to be easily read, for use as a poster, section one hundred and thirty-one of chapter one hundred and forty and sections ten, twelve B, and fourteen of this chapter. Sufficient copies of the said posters shall be sent to the clerks and to the superintendents of schools in all cities and towns for their use as herein provided. The city or town clerks shall cause posters received by them to be displayed in such places as they may select, and in such numbers, according to the population of the city or town, as its clerk may deem expedient. The superintendents of schools shall cause the posters received by them to be distributed among the schools within their jurisdiction, and in such numbers as they may deem necessary. The cost of preparing and printing the posters and of distributing them to the various cities and towns shall be paid by the commonwealth, and the cost of placing or affixing them in each city or town shall be paid by that city or town.
Hummmm. I wonder what's changed???????I recently sent a letter to the Wey PD asking for the restrictions to be lifted. I received my LTC just over a year ago with the usual Target and Hunting restrictions. A month later I received a letter from the PD informing me my new license, without restrictions was ready to be picked up. Got it the other day. I've heard they are doing this a lot now because of the suit against the town. Worthwhile to give it a try. Worked for me.
We haven't see any indication that Boston has changed it policy with respect to unrestricted licenses. They normally reply very quickly, however they could now be either swamped with new request or they're still evaluating how they want to respond to these requests including how to defend against possible district court appeals.How long do I wait before following up with Boston PD? Sent my letter on the first of the year and haven't heard a peep.
I recently sent a letter to the Wey PD asking for the restrictions to be lifted. I received my LTC just over a year ago with the usual Target and Hunting restrictions. A month later I received a letter from the PD informing me my new license, without restrictions was ready to be picked up. Got it the other day. I've heard they are doing this a lot now because of the suit against the town. Worthwhile to give it a try. Worked for me.
One of the guys that works for me is licensed out of Framingham with restrictions. I told him about this thread so he sent an email to the pd there citing the new laws and asking to have restrictions removed. After a brief call (mostly to help the licensing officer understand why he was the one lifting restrictions when he no longer resided in framingham) the officer told him he'd lift the restrictions. I don't know if this would have happened a year ago and if it's related to the new laws but it's a positive sign.