Questions on LTC renewal

[Kristofer]

My LTC is coming up for renewal in a couple months and I have a few concerns about how to approach this.

Back in 2004 I was involved in an incident which ended up with me being arrested and charged with "carrying a dangerous weapon/breach while armed" and having my LTC suspended.

The case ended favorably and I sucessfully sued the PD to have my LTC reinstated.

Now here are my questions:

Is this going to cause me problems with my renewal? Even though I live in a different town now?

Do I now have to answer Yes, to questions 10 and 13?

If so, what should I write for an explaination on the form?

 

[M1911]

If I were you, I'd get a firearms attorney to help me fill out the form, to reduce the chances of having to sue a second police department.

 

[Scrivener]

My LTC is coming up for renewal in a couple months and I have a few concerns about how to approach this.

Back in 2004 I was involved in an incident which ended up with me being arrested and charged with "carrying a dangerous weapon/breach while armed" and having my LTC suspended.

The case ended favorably and I sucessfully sued the PD to have my LTC reinstated.

Now here are my questions:

Is this going to cause me problems with my renewal? Even though I live in a different town now?

Do I now have to answer Yes, to questions 10 and 13?

Yes and, obviously, Yes again.

If you were arrested, you appeared in court at least once - arraignment. Clearly Question # 10 is, therefore, YES.

Your LTC was, by your own admission, suspended. That makes # 13 an equally obvious YES.

These are not trick questions.

The EXPLANATIONS are the tricky part!

 

[drgrant]

IMO, consult a lawyer. If the one that helped you get your license back
beforehand was good, you may want to contact them
again. IMO it's cheap insurance to make sure your app goes
smoothly...

-Mike

 

[Len-2A Training]

Here's a clue:

There is a person named Joe Booker, who I am told is well known in IPSC/USPDA (or whatever initials) circles. He was denied his LTC renewal due to the 1998 ex-post-facto law (I'm told it involved some juvenile offense many years ago). He filed an appeal with the FLRB and WON his case, fully reinstating his gun-ownership rights and Boston PD was ORDERED to renew his LTC (I was also told that this little deal cost him $16K in legal fees). He allegedly just came up for another renewal and was DENIED based on the original case. I'm guessing that Boston now denied him as "not suitable" which (IANAL) I do not believe is appealable to the FLRB. Sounds like Boston just got their "pound of flesh" for getting slapped before.

All the above is 3rd-hand info as of now, provided at the last BR&P meeting. I asked a friend of Joe's to have him get in touch with me for the straight scoop and so that we might be able to mount a campaign to help him.

I have met this man and he seems like a real gentleman to me, but I don't claim to know him well or his precise circumstances.

So, in short:

Yes, the same town or another one can use this info to screw you and cost you another small fortune in a battle for your rights again!

The term "pay me now or pay me later" comes to mind. My layman guess is that the cost of a good attorney to help you navigate the minefield will be a lot cheaper than paying one after your application explodes.

 

[Kristofer]

Thank you all for you advise. I sorta figured I would need a lawyer for this. Can anyone one recommend one in the Worcester/Spencer area.

I didn't have one in my original case(s), just went it alone. I don't think that will be the smartest move this time.

 

[Scrivener]

There is a person named Joe Booker, who I am told is well known in IPSC/USPDA [sic] (or whatever initials) circles. He was denied his LTC renewal due to the 1998 ex-post-facto law (I'm told it involved some juvenile offense many years ago). He filed an appeal with the FLRB and WON his case, fully reinstating his gun-ownership rights and Boston PD was ORDERED to renew his LTC (I was also told that this little deal cost him $16K in legal fees). He allegedly just came up for another renewal and was DENIED based on the original case. I'm guessing that Boston now denied him as "not suitable" which (IANAL) I do not believe is appealable to the FLRB. Sounds like Boston just got their "pound of flesh" for getting slapped before.

That does NOT sound correct. One does not file "an appeal with the FLRB." Denials are appealed to the district court. Period.

The FLRB may - may - find applicants with certain disqualifying misdemeanors worthy of holding a license and hold the offense to be no longer a disqualification. The two processes are separate and distinct.

A subsequent obstruction or disqualification (Taunton plays that game also) would have to be for other reasons, including "unsuitability." It would be appealed accordingly - in district court.

 

[Len-2A Training]

Scriv,

I KNOW that I don't have the facts, but can surmise (from the $16K comment I was told) that he applied for renewal, was denied due to juvenile case, probably went to court and lost, filed for FLRB and won rights back there, either BPD issued at that point or he sued them again to FORCE them to issue. Allegedly, now on renewal BPD has denied due to juvenile case again (I'm guessing on "not suitable" grounds).

Since he (Joe) now has my Email and contact info, I have not heard back from him to get the straight scoop. I do know that they were asking people that "would speak well of Joe" to put down name/address/phone/DOB on a sheet of paper at the BR&P Club, allegedly to turn this over to BPD to "influence" them (fat chance in hell that they will care, but what the hey). All this is why I'd like to hear from him directly, then see if anything we (forum members or others) can do to help.

 

[Kristofer]

I completely forgot to update this. Sorry it took so long, had a new baby to keep me busy.

Anyways, none of these issues were a problem. I went in, sat with the chief to enter my app in the computer and watched him raise his eyebrows when I answered yes to a couple of the app questions.

Told him what happened, show him all the court papers, and that's it. Class A Renewed with no restrictions.

I guess this would make East Brookfield a "green" town?

 

[anthonyne]

Good for you. A big sigh of relief.

 

[Dirtypacman]

I completely forgot to update this. Sorry it took so long, had a new baby to keep me busy.

Anyways, none of these issues were a problem. I went in, sat with the chief to enter my app in the computer and watched him raise his eyebrows when I answered yes to a couple of the app questions.

Told him what happened, show him all the court papers, and that's it. Class A Renewed with no restrictions.

I guess this would make East Brookfield a "green" town?

Glad to hear of your success - good to know it went smooth for you.