• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Traffic Law Question

V

viking

Joined
May 19, 2006
Messages
16
Likes
0
Location
Weymouth
Feedback: 0 / 0 / 0
I am getting all of my papers ready to apply for my class a firearms license. i noticed there was a question pertaining to traffic violations that i was a bit sketchy about. i was seen in court for a driving to endanger case but it was thrown out the window. i could have paid the fine but i decided to go to court to fight it and i won. there is a question in the application that i was unsure about. here it is...

have you ever appeared in any court as a defendent for any criminal or criminal traffic offense. you do not have to put down non-criminal traffic offenses. (key word, appeared, not necessarily arrested).

is a driving to endanger offense considered a "criminal traffic offense" and should i mark "yes" to this question?

thanks for your help
 
viking said:
is a driving to endanger offense considered a "criminal traffic offense" and should i mark "yes" to this question?
Click to expand...

The answer is determined by the potential penalty which, for reckless driving, is as follows:

"... a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both;" G.L.c. 90, § 24.

Unless you'd care to explain to the chief how you can face incarceration without having committed a crime, I'd answer "YES" and explain the dismissal in that section. [wink]
 
thanks for the reply. looks like i have some explaining to do then. i have 2 driving to endangers on my record. 1 was from when i was 18 years old on my b-day. my friend was being a donkey and he hung half of his body out of my car window. we were in a parking lot not even doing 2 mph. the other offense was when i was 22 years old. my brother had just bought a new mustang and he let me drive. i was at a stop sign and he told me to give it some gas, so i couldn't pass up the opportunity. we got pulled over and i got my second offense. i was the donkey that time. ree haw. *sigh* looks like i won't be getting my class A... especially in Weymouth. argh.
 
If you explain it properly, both in writing on your application, and in person in your interview with the licensing officer, you might still have a good chance.

Stay postive, show some relflection and perspective, beat yourself up a bit for being a jackass, and you should be OK.

Darius Arbabi
 
Traffic Offense

I only have experience in NJ Traffic Law but that sounds like our "Careless Driving" which in NJ is not considered a criminal offense.

The department issuing will surely have access to your driving record. Unless convicted, the offense should not be on your driving record unless the charges are pending

Even NJ didn't deny a FID card for minor traffic violations. Careless driving wasn't considered that serious an offense in the state. We only considered Wreckless Driving (which was an intentional act and DWI which pretty much could stop the process). Nothing was cut and dry in our process. It was left up to the Chief to decide. In reality, very few were denied.

To be on the safe side, give them a call and see what they say about it. Better to be upfront and get the right answer.[grin]
 
Last edited:
thanks guys.
another thing on the application that worries me a bit is this...

new and renewals for a class a ltc for protection of life or all lawful purposes must have a letter from your employer stating that you are "required" to carry a firearm in the performance of your job or be able to document that you have "good reason to fear injury" as required by MGL ch 140, sec 131. other permits will be for HUNTING AND TARGET.

the thing is that my job doesn't require me to carry a gun nor do i have good reason to fear injury other than the everyday crazies. i feel it is my right as a human being to be able to protect myself and that's basically it. i'm not sure how i'd put that into words for the officer?
 
wording

Others who have applied can give you an idea on that wording...

Most of my friends have ex-wife that would easily take care of the section.[thinking]
 
viking said:
new and renewals for a class a ltc for protection of life or all lawful purposes must have a letter from your employer stating that you are "required" to carry a firearm in the performance of your job or be able to document that you have "good reason to fear injury" as required by MGL ch 140, sec 131. other permits will be for HUNTING AND TARGET.

the thing is that my job doesn't require me to carry a gun nor do i have good reason to fear injury other than the everyday crazies. i feel it is my right as a human being to be able to protect myself and that's basically it. i'm not sure how i'd put that into words for the officer?
Click to expand...



C'mon, don't give up the fight before you've even begun!

I'm sure you can come up with situations drawn from your life where you have reason to fear injury. Late night trips into Boston, Cambridge, Worcester, hobbies that may require you to carry large sums of cash, skeltons in your closet from past relationships.

The possibilities boggle the mind if you use your creativity and state your best possible case. Get busy!
 
BillK said:
reason......ALP
Click to expand...

Just saying that is just not good enough in many MA cities and towns. Applicants in tight jurisdictions often need to be considerably more expansive than that, detailing why _they_ need to carry a gun to protect against lethal attack.
 
Last edited:
Cross-X said:
C'mon, don't give up the fight before you've even begun!

I'm sure you can come up with situations drawn from your life where you have reason to fear injury. Late night trips into Boston, Cambridge, Worcester, hobbies that may require you to carry large sums of cash, skeltons in your closet from past relationships.

The possibilities boggle the mind if you use your creativity and state your best possible case. Get busy!
Click to expand...

lol. i guess you're right. i go to music shows in boston a lot? i plan on having a family soon? sometimes i do check deposits for work (i would prefer if they didn't contact my employer). i have a lot of thinking to do.
 
True, In my case I explained to the city department that I would be hunting, range, and CCW.. all verbal.. but on the form I placed ALP, in fact I left the reason blank until I was FTF with the Sgt. and explained to him the reason.
 
viking said:
jeesh. i get the feeling this will be similar to a police interrogation... not that i've ever experienced one. [hmmm]
Click to expand...
For some city's and towns... That is EXACTLY what it is...
 
Adam_MA said:
For some city's and towns... That is EXACTLY what it is...
Click to expand...

does anybody else think that's just a little backwards? we probably have cleaner records than the cops that are doing the checks yet they think they have the right to interrogate us for wanting to defend ourselves / our familes?
 
viking said:
I am getting all of my papers ready to apply for my class a firearms license. i noticed there was a question pertaining to traffic violations that i was a bit sketchy about. i was seen in court for a driving to endanger case but it was thrown out the window. i could have paid the fine but i decided to go to court to fight it and i won. there is a question in the application that i was unsure about. here it is...

have you ever appeared in any court as a defendent for any criminal or criminal traffic offense. you do not have to put down non-criminal traffic offenses. (key word, appeared, not necessarily arrested).

is a driving to endanger offense considered a "criminal traffic offense" and should i mark "yes" to this question?

thanks for your help
Click to expand...

I say you should ask the chief how he or she thinks you should fill out the application. Ask them in person what you should put on there. At least that is how I might do it.
 
rscalzo said:
I only have experience in NJ Traffic Law but that sounds like our "Careless Driving" which in NJ is not considered a criminal offense.
Click to expand...

This is MASSACHUSETTS. No-one here cares about New Jersey law, as it is wholly irrelevant to the issue.

The department issuing will surely have access to your driving record. Unless convicted, the offense should not be on your driving record unless the charges are pending
Click to expand...

More nonsense. The driving record is not the issue; the CORI is. And it WILL show the arraignment and disposition, your claims to the contrary notwithstanding.

Even NJ didn't deny a FID card for minor traffic violations. Careless driving wasn't considered that serious an offense in the state.
Click to expand...

Hint: Reckless driving is not a "minor traffic violation," as the potential incarceration ought to have made blatantly obvious. [rolleyes]

We only considered Wreckless [sic] Driving (which was an intentional act and DWI which pretty much could stop the process).
Click to expand...

Which is precisely the charge we are discussing. Try to keep up. [flame]
 
Regardless if you check off "Yes" or "No" the court appearance will most likely come to light during the background check.

Better to cover your ass ahead of time. If you check "No" and the court appearance shows up, you'll be taken to task explaining to the chief why you didn't put it down on your application.
 
LoginName said:
Regardless if you check off "Yes" or "No" the court appearance will most likely come to light during the background check.

Better to cover your ass ahead of time. If you check "No" and the court appearance shows up, you'll be taken to task explaining to the chief why you didn't put it down on your application.
Click to expand...

i think you're right. i will check "yes" just to cover my behind. i'm thinking i will dig up both tickets and take copies of them and type up a quick story about each incident and how stupid it was and attach them to the copies?
 
Derek, you can delete this post, as I cannot.

(previous "advice" retracted)
 
Last edited:
Cross-X said:
Just saying that is just not good enough in many MA cities and towns. Applicants in tight jurisdictions often need to be considerably more expansive than that, detailing why _they_ need to carry a gun to protect against lethal attack.
Click to expand...

Would putting down that "the police are legally under no obligation to protect me" as a reason for issuance, or would that be kinda pushing it.[grin]
 
LoginName said:
Regardless if you check off "Yes" or "No" the court appearance will most likely come to light during the background check.

Better to cover your ass ahead of time. If you check "No" and the court appearance shows up, you'll be taken to task explaining to the chief why you didn't put it down on your application.
Click to expand...
If have appeared as a defendant as defined in the question and you check "NO", you will be DENIED for lying on the application that you signed under the penalty of perjury, even if it's a mistake.
If yo do not understand a question DO NOT answer that question and submit the application. Ask the person doing the licenses to explain the question and pose your particular case to them. Document who you spoke to and when.

Chiefs do not look to issue permits, they look to DENY them for whatever reason they can.
 
Coyote33 said:
I wouldn't give out more information unless asked for it, then have it at the ready.
Click to expand...

He'd BETTER give a written explanation. Page 3 of the application states.
If you answered "YES" to any of the questions four through fourteen, give details which must include dates, circumstances and location:
Click to expand...
 
viking said:
all of this bs makes me want to give up... but i won't! i really appreciate all of the advice from you guys.
Click to expand...
Don't give up, that's what they want. Just do it right.
 

Similar threads

"...possess prior to 9/13/14" Line in the Law
Replies
1
Views
106
Marty McFly
Marty McFly
Question on LTC's
2
Replies
31
Views
661
MisterHappy
MisterHappy
Preban AR Lower Question
2 3
Replies
62
Views
1K
drgrant
drgrant
Moving to MA Question
Replies
29
Views
830
TZCHRIS
TZCHRIS
C&R firearm to 01 dealer question
Replies
9
Views
397
MAJoe
M
Back
Top Bottom