Being punished "a second" time"?
In 1971, when I was 16, a group of kids were approached by the Police and patted down. I think 2 out of 8 kids had weed on them and as I remember a few pills (forget what they were)
So the 2 were charged with possession of a drug, and the other 6, myself included, were charged with being present where drugs were found.
The being present law was BS and dropped not to long after I was charged with it.
Anyway, at that time it was on the books. So I went to court and the Judge says to my Lawyer, he has no prior records, and no need to give him one now, so I got 6 months with out a finding.....and that was that....or so I thought.
Being a minor, and having no conviction, I never spoke of or discussed the matter again. I also never disclosed in on any of my FID card applications as I truly believed I didn't need to.
So under Deval Patrick he orders the DA to spend millions of dollars to go over DECADES of records with the explicit intent to deny gun licenses to anyone they could find.
So, 44 years later I apply for my latest FID card. My record is clean, maybe 2 speeding tickets at the most, and as always, I made no mention of the 1971 case.
So weeks go by and turn into 4 months, no answer and no return of my phone call. So I go down to the Police station and ask to see the license officer. 15 minutes later he comes out and tells me I may be denied on 2 counts.
1. On microfilm, they found the 1971 case.
2. On my application, as always, I made no mention of it.
So I explain that I never disclosed it as I honestly believed I didn't need to. And I was a minor as well as there was NO conviction for a law that was removed shortly after I was charged with it. They said the micro film was too difficult to see clearly, and if the drug in question was heroin then I could still be denied as being present where heroin was found is still a denial offense today. I said don't be silly, you think the Judge would continue without a finding if it was heroin? Crazy...Then he says, no matter, we can still deny as you failed to disclose on your application.
I said if at the time of my case it wasn't a reason for a FID denial why is it now? Is this not adjudication of my case a second time, i, e, double jeopardy? No comment.
At that point I thought to myself, this guy doesn't want fairness.....he wants my FID card......at 60 years of age, they were going to take away my FID card.
So I said "I think I need a Lawyer" and left.
I also called my State Rep and spoke directly to him. Told him exactly what I wrote here. He said "this sounds ridiculous" give me some time to ask about it.
So 2 more weeks go by and I get a call that my card will be renewed. Crazy, and I get to do it again in 3 more years.
To me, the State is doing all it can to take gun rights away from anyone they can, for any reason they can drag up.
My gut tells me the crap I went through was not not an isolated one.
Sorry for the long post.