Quincy Licensing

[TheBank]

Hello folks...this is post #1 for me. I'm psyched to see a resource for MA residents because are laws are just downright confusing. Anyway I'm debating on whether to apply for an LTC. I live in Quincy (great city) but I don't want to waste a ton of time and money only to get axed at the last minute. I did have an FID card from when I turned 18 but it expired ages ago. I still have a Ruger 10/22 rifle from that period that me and pops used to take up to NH for fun. But now I beleive it's illegal for me to have it because of the laws. This of course freaks out my wife who doesn't mind the rifle because I lock it down properly but doesn't want us to get in any trouble. Further ....I work in technology and Im constantly transporting high dollar goods when doing repairs. On more than one occasion have noticed people peeking into my truck. The wife is ok with the idea of a hangun (eat your heart out Mr. Palin). My record is NOT squeeky clean but I have never been convicted of a felony and my record is supposed to be sealed. After a bit of reading I know that means nothing when applying for a LTC. I have been checked and cleared for employment on many levels: CORI checks for municipal employment Federal Background Check for Securities Information Commission and a Secret Service Check when I drove limo during college (Bernie Ahern - Irish Prime Minister) You would think I would be ok....but I tend to have a black cat following me around when it comes to this stuff. Anyone with good or bad experiences with LTC apps in Quincy please chime in!

 

[DustinK]

Quincy appears to be a "Green" town per this post which means that they will typically issue an LTC-A Restrictions: None. If you do have a past that doesn't mean you'll get turned down (unless you have a mandatory disqualifier on your record), but it may make it more difficult. You can consult one of the well-versed firearms lawyers here on NES or, if you really can't afford to do so, you might consider speaking to the licensing officer there in Quincy. They might be able to shed more light on the situation since they (under the ultimate authority of the CoP) are ultimately responsible for determining suitability assuming you pass the other checks.

Best of luck!

 

[ArmySarge]

Just so you know, as far as a sealed record goes: Quincy PD will not be able to officially access those records. When it comes to sealed records the department is left no choice but to ask the state board, "in the sealed records are there any charges that would disqualify this individual from obtaining a LTC in MA?". The state will simply answer yes or no. A yes means it's out of the departments hands and it's up to you to appeal the rejection to the Licensing Review Board, a rejection will come with the instructions to go about this. Good luck, go for it, you never get anywhere if you never try.

 

[Mike-Mike]

Make sure you don't lie on question 10 or any other questions for that matter.

 

[glide]

I know someone that recently got an A-ALP in Quincy. First time applicant. Quick turnaround (about 4 weeks).

 

[TheBank]

I think I'm going to stop by the Sportsmen's Den and ask about their safety courses. Then head over to the station so I pick up the application.

What's with question 10 that makes it a hot issue?

 

[Mike-Mike]

I think I'm going to stop by the Sportsmen's Den and ask about their safety courses. Then head over to the station so I pick up the application.

What's with question 10 that makes it a hot issue?

It's just the question that asks if you ever appeared in a criminal court as a defendant.

 

[Scrivener]

I think I'm going to stop by the Sportsmen's Den and ask about their safety courses. Then head over to the station so I pick up the application.

There is only one legitimate application, which you can print off the CHSB website. However, it is prudent to get "the packet" from the local PD to see what superflous nonsense has been added.

What's with question 10 that makes it a hot issue?

Stupidity and presumptions. Note that I am not saying you suffer from either defect; that is what I see - on a very regular basis - in applications. Number 10 is the simplest question on Page 2; it is also one of the most, if not the most, incorrectly answered.

Have you ever appeared as a defendant in court for a criminal complaint? If not, check NO; if you have, check YES. Period.

The question does not have any time limits ("ever"); it is not limited to convictions, adult appearances or MA courts. People who screw up #10 are people who don't accept it at face value. People making those stupid mistakes get to answer "Yes" to another question "Have you ever had a firearms license denied, revoked or suspended?"

Think of it as bureaucratic Darwinism.

 

[Titan]

Scrivener,

If a person answers YES with an issue that was CWOF or expunged, doesn't the YES reply expose the person all over again?

.

 

[Scrivener]

Expose them to what, exactly?

 

[Titan]

Expose them to what, exactly?

Putting the expunged issue back on the record, when asked to elaborate on the YES, resulting in a denial?

I don't know the answer but am very curious.
.

 

[TOM-P]

Putting the expunged issue back on the record, when asked to elaborate on the YES, resulting in a denial? I don't know the answer but am very curious. .

For my job I often run CORI's on people. I can not tell you how many times I have been told by someone they have no record, when in fact they do. These people are under the impression that charges "go away". It is believed that when you CWOF a case it will go off of your record in X amount of time. Or that a Juvenile record is sealed. When you are arrested in this state it is on your record FOREVER.

If I'm not mistaken getting a record expunged in MA, is not an option as there is no mechanism to do so.

The advice I would give is the same as scrivener's. If you were arrested for anything, no matter how small the crime or how long ago it was, check yes.. If you are not sure call the PD and ask to run your CORI before submitting. The past Quincy chief had denied people for checking the wrong box on the app.

 

[KMaurer]

Only the details of the offense and any sentence imposed were ever hidden from the licensing authority. Until they know what it was all about, they'll assume a worst case scenario and act accordingly. As I tell students in my classes, they know you've got a juvenile record; they just don't know whether it was for driving with a suspended license or murdering your entire family.

Ken

 

[Ricky]

... If I'm not mistaken getting a record expunged in MA, is not an option as there is no mechanism to do so.

I'm not so sure, see Mass Trial Court laws Library reference to Commonwealth v. Boe

in Commonwealth v. Boe, 73 Mass. App. Ct. 647, the Mass. Appeals Court ruled that a district court judge could expunge a criminal record after a complaint was dismissed, and was not limited to sealing the record under MGL c.276, s.100C. "It is one thing to initiate a prosecution against a person who has a colorable involvement in a crime, but it is unacceptably Kafkaesque to initiate a prosecution where that person is disconnected from the charged crime. To allow Boe's name to be carried forward in court records in these circumstances would, as the judge found, constitute a miscarriage of justice, because sealing "does not render the sealed records inaccessible to law enforcement authorities." ... "The judge recognized that the sealing remedy of § 100C was neither applicable nor adequate, and properly applied the purging recognized by statute."

*lawyers will chime in no doubt

 

[LoginName]

For my job I often run CORI's on people. I can not tell you how many times I have been told by someone they have no record, when in fact they do. These people are under the impression that charges "go away". It is believed that when you CWOF a case it will go off of your record in X amount of time. Or that a Juvenile record is sealed. When you are arrested in this state it is on your record FOREVER.

Just how comprehensive and complete is a CORI check?

Is there any information that might be missed when applying for an FID/LTC?

If I'm not mistaken getting a record expunged in MA, is not an option as there is no mechanism to do so.

I believe the only exception is if there was a wrongful conviction.

The advice I would give is the same as scrivener's. If you were arrested for anything, no matter how small the crime or how long ago it was, check yes.. If you are not sure call the PD and ask to run your CORI before submitting. The past Quincy chief had denied people for checking the wrong box on the app.

Might be best to pay the fee and request ones own CORI check.

As we've seen from this thread, it's probably wiser to keep the PD out of the loop as much as possible.

 

[Scrivener]

Putting the expunged issue back on the record, when asked to elaborate on the YES, resulting in a denial?

"BACK on the record?" It never left the record.

People who seal their record in the belief the charges won't show when they apply for a firearms license are misinformed or deluded.

 

[TheBank]

After reading what happened in Swampscott....I think it may be best for me to keep any more details to myself. But I do appreciate all the feedback from you folks...you have been awesome!

 

[Titan]

For my job I often run CORI's on people. I can not tell you how many times I have been told by someone they have no record, when in fact they do. These people are under the impression that charges "go away". It is believed that when you CWOF a case it will go off of your record in X amount of time. Or that a Juvenile record is sealed. When you are arrested in this state it is on your record FOREVER.

If I'm not mistaken getting a record expunged in MA, is not an option as there is no mechanism to do so.

The advice I would give is the same as scrivener's. If you were arrested for anything, no matter how small the crime or how long ago it was, check yes.. If you are not sure call the PD and ask to run your CORI before submitting. The past Quincy chief had denied people for checking the wrong box on the app.

I hear what you're saying, but I just can't help but think that answering YES and responding to the obligatory follow-up will essentially guarantee your denial.

While a NO could risk a denial, but certain individuals acting in good faith might get a pass (believing their record was cleared).

After all, what DOES it mean when someone with a CWOF is told they'll have no record if they don't re-offend?

It's all hypothetical to me, but I would think, a real dilemma for anyone on the fence.

.

 

[Titan]

"BACK on the record?" It never left the record.

People who seal their record in the belief the charges won't show when they apply for a firearms license are misinformed or deluded.

Thanks. I didn't know that. I (like most folks, I would think) was under the impression that when someone is told that their CWOF will be 'cleared' if they don't re-offend, that is what actually happens.
.

 

[Scrivener]

Thanks. I didn't know that. I (like most folks, I would think) was under the impression that when someone is told that their CWOF will be 'cleared' if they don't re-offend, that is what actually happens.
.

They do not have a CONVICTION. The arrest is on the record and will remain there.

So - it's a YES on Question # 10, but a NO on ## 6 and 7, assuming no other incidents.

 

[KMaurer]

Forget what other people have been told. Stop and think about it for a minute. You're talking about a government run system that has some information in their records. Does anybody really think that they'd actually spend the time and money to eliminate pieces of information that, though they have no use for them at the present, they might possibly want to have available some time in the future? Of course not. They might well get the information wrong, link it to the wrong person, misplace it or screw it up in a thousand other ways, but they'll positively, absolutely never under any circumstances get rid of it. Pour yourself a tall one, sit back, and watch Brazil one more time.

Ken

 

[Scrivener]

Pour yourself a tall one, sit back, and watch Brazil one more time.

Preferably while wearing a shoe for a hat.

 

[Half Cocked]

Have you ever appeared as a defendant in court for a criminal complaint? If not, check NO; if you have, check YES. Period.

What is so hard to understand about this question?

 

[Scrivener]

What is so hard to understand about this question?

People over-think it, try to rationalize their way around it or, in the case of a certain client, are too ignorant to comprehend its simple query and too lazy to find out.

Stupidest answer I ever received for a false answer: "I didn't know what 'defendant" was." I told the twit there was this amazing new invention - the dictionary.

Second stupidest - and far more common - answer: "I wasn't convicted." So what? That's NOT what was asked.

Semi-stupid false answer to Question #6: "I didn't go to jail." Again, so what? That's NOT what was asked.

 

[JOSH1012]

I will chime in on this .. I was arrested for driving on a suspended license .. I did not have to disclose this because It was a Traffic Offense on question 10 but If your really worried about your Record and whether or not you should answer then consult an attorney who specializes in Firearms Laws in Mass they can advise you on whether or not you need too answer it that way you have a clear and concise answer on what to do


And Scriv .. I believe you are qualified to answer most of this

 

[Titan]

They do not have a CONVICTION. The arrest is on the record and will remain there.

So - it's a YES on Question # 10, but a NO on ## 6 and 7, assuming no other incidents.

Thanks.

 

[Half Cocked]

I will chime in on this .. I was arrested for driving on a suspended license .. I did not have to disclose this because It was a Traffic Offense on question 10

You sure about that?

If you are arrested on a suspended license you end up being arraigned in court. This makes you appear in court as a defendant.

Operating on a suspended license (yes I know there have been recent changes) is a criminal offense.

What should your answer have been?

 

[Rob Boudrie]

I was arrested for driving on a suspended license .. I did not have to disclose this because It was a Traffic Offense on question 10

As Half said, the exclusion to Question 10 is not "traffic offenses" but "non criminal traffic offenses". I suggest you familiarize yourself with the difference before submitting your LTC application.

 

[GSG]

After reading what happened in Swampscott....I think it may be best for me to keep any more details to myself.

A very good idea.

Also, I'm stunned that no one has said this already. Get that gun out of your posession and into the hands of someone who can legally posess it until you get licensing sorted out. Having a gun charge on your record (or any charges, for that matter) isn't going to help you in the least.

Get that gun out of your posession ASAP. All it takes is one house fire, medical call, or break in to your house for the cops to show up and charge you for posessing it.

 

[Talon3]

As a note:
The CHSB is the central warehouse for court related CORI info. The courts transmit the daily activity reports to the CHSB. When a defendant appears activity is recorded by the clerks office. To simplify they use codes VWF PD = victim witness fee paid, G= guilty, NG= not guilty, NP= not prosecuted, etc, etc.
Sometimes the info they have has in some cases been: handwritten, had to be deciphered, the info transmitted may be inaccurate, incomplete or missing. If you have been to court do not rely only on the CHSB copy of your record, visit the clerks office and request copies of the documents the court has, they will be the most accurate ones. Ive seen CORI so screwed up showing as the person still flagged for an active warrant from years ago on a closed case, cases showing open that also had the final disposition marked, etc.


For more CORI codes mass.gov/chsb look under the link Criminal Offender Records Services