Interesting feature I noticed at the DCU on Broadway right at the Lawrence line.......there is a prominent sign that states the employees don’t have access to cash, and that the only cash comes from a bank of ATMs.
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Physician's letter for FID/LTC? Really?
- Thread starter BOOTKNIFEFAN
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Interesting feature I noticed at the DCU on Broadway right at the Lawrence line.......there is a prominent sign that states the employees don’t have access to cash, and that the only cash comes from a bank of ATMs.
No, we've never gotten a inquiry about this requirement in Methuen. But it's like the reference letter requirement some PDs still impose (or say they impose). First, anyone eager to challenge their PD over the latter's licensing policy usually has some issue of their own. There aren't any unicorns - people willing to challenge their PD to make a point. They'll all either give up or suck up.
Next, if someone does want to challenge a non-statutory requirement, they have to get over the pocket denial issue. I've yet to see a department that will accept and process and 'incomplete' application without having some pressure applied.
If you do get past that hurdle, maybe because an attorney has talked to the licensing officer and explained that the PD has no legal authority for their requirement, the PD decides to 'make an exception'. They don't change their policy, they don't update their website.
My biggest problem with these requirements is they create a 'chilling effect' (GTS) on the exercise of an enumerated right.
As an aside, a few years ago, Comm2A sent letters to several PDs that still imposed a citizenship requirement on applying for an LTC or FID Card. One of the PDs revised their application and the name of the PDF on their website actually included included a reference to citizenship.
AHM
NES Member
What is the applicant's plausible successful legal path forward
if the PD just stamps the application "Rejected - Unsuitable"?
(I'm starting to think that under current Mass law,
CoP's/LO's are intended to determine that applicants are "suitable";
and they can cast non-statutory requirements
as substitutes for the kind of get-to-know-you protracted interviews
that the Chief of a large town has neither the time nor inclination to perform
for any applicant who happens to be someone they don't know well.
If a PD argued that in court, what Mass judge wouldn't suck for it,
and what argument could a plaintiff's attorney use
to unconvince the judge it was reasonable?)
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The
Has to be taken to federal court. I believe the Heller and McDonald cases set precedent.
AHM
NES Member
I wonder which court is more convinced that the Second Amendment doesn't apply to Mass -
SJC or First District?
MA DMH does report to PD if person has been INVOLUNTARILY committed to a state hospital. PDs do not have access to info on voluntary commits or private hospitals . . . unless the applicant is foolish enough to tell the PD about it. If they talk, they open pandora's box and the PD may invoke suitability or demand documentation. The take-away is that nobody should volunteer info!
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
Not to shit on your hometown OP, sorry, but I looked up the crime rate of Methuen only to find this slice of gold people commonly search for.
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My home state really cracked down on handgun ownership back in the 1980s. Chicago froze the number of legal handguns by refusing new registrations. Morton Grove, Evanston, Oak Park and other cities and towns enacted complete bans on the private possession of handguns, even in one's own home. Illinois law only demanded FOID to possess any type of firearm or ammunition. There was no preemption law. All that changed with McDonald. Those local ordinances were rendered invalid.
556USER
NES Member
After the socialists pass full blown socialized medicine all of us will be assigned a doctor. Even if you don't ever go to see said doctor it will be the one and only doctor that you must get your signatures from to exercise your dwindling rights. Most importantly the doctor will be a bonafide employee of the nanny state.
Actually when the socialists take over firearms will be verboten. No signature required to cede your rights................................
Actually when the socialists take over firearms will be verboten. No signature required to cede your rights................................
It's not just as simple as going to federal court and saying 'Heller preludes that'.
If a Methuen resident decided to file a federal civil rights lawsuit based upon the website's information alone, they'd lose on standing because they hadn't actually applied for the license.
Well, what if they did try to apply? Mostly likely, Methuen PD would process and approve their application without the doctor's letter. Again, no standing because there is no case or controversy. I think this will happen most times here.
If the PD refuses to accept the license, the federal court is still going to go down the 'you didn't actually apply and didn't actually get denied' route. So, how forcefully did the plaintiff actually try to apply? The PD will always argue that they didn't actually deny a license.
If the plaintiff gets over that hurdle, the PD will probably just issue the license (or come up with a statutory reason for a denial). The case is moot, no precedent.
Then, if the plaintiff wants, you get into the pissing match over the 'capable or repetition issue'. The PD will argue that the case is moot because they issued a license. The plaintiff will argue that it's still a live controversy because the PD could still deny a license in the future because an applicant didn't provide a doctor's letter. The PD argues that it's not going to be a problem going forward for this plaintiff. Okay, what about other people? Now it's a facial attack and the stakes rise.
Now the court asks if the is a 'facial' challenge or 'as applied'? The PD has already said that this plaintiff can renew their license. That moots the issue from the court's perspective and they'll willingly kick it to the curb.
Comm2A went through this a few years ago with a PD that wouldn't accept an application from some with 'derived' US citizenship. The town knuckled under pretty quickly. And although the judge was pretty sympathetic (I personally believe he's a gun owner) we did not get the kind of injunction that would prevent them from doing this in the future.
Garys
NES Member
I believe that involuntary commitment to a mental health facility is a judicial, not a medical determination.
AHM
NES Member
<= That's supposed to be interest not disapproval; pay no attention to the eyebrows.
GaryO
NES Member
My son had his interview this morning in Franklin and no letter was needed. The licensing officer called me and asked if my son had my permission and then it was picture and prints and expect the FID card in 4-6 weeks.
allen-1
NES Member
I ran into my PCP last week, at Jeff's Super Beverage in town. Chatted for a minute, then took my Bourbon and went home. Last time I saw him was at a Thursday night dinner at my rod & gun club.
I'm pretty that he'd write me a letter - but I don't live in a commie state/town - I don't need a letter.
allen-1
NES Member
That's a horribly valid point. There are days, (365 per year), that I'd like to remove Atlanta from Georgia.
If I were a Dr, would I be willing to risk liability, my ability to practice medicine, malpractice insurance, hospital privileges, my livelyhood, etc to write a letter for a person?
"Yup, this guy is fine he can own a gun" but a few years later he faces a crisis, gets majorly depressed and shoots someone.
I don't think so.
"Yup, this guy is fine he can own a gun" but a few years later he faces a crisis, gets majorly depressed and shoots someone.
I don't think so.
Sauer Grapes
NES Member
Why not have both? If my memory serves me right, @swatgig commented on the advantage of holding both somewhere on here.
one-eyed Jack
Manufacturer
Better yet, tell them that your doctor is dead. Worked for George Burns. Jack.
