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Trying to find answer re: revocation/suspension - Help?

Discussion in 'Massachusetts Laws' started by bostonasphalt2, Feb 11, 2019 at 1:45 PM.

  1. bostonasphalt2

    bostonasphalt2

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    I have searched through the forum, and I know it is in here, but I cannot seem to find it right now. What i am trying to find the answer to is the following:

    To suspend/revoke an LTC, does the CoP have to go petition the court before taking that action?
    What was the change regarding suitability for LTC/FID that changed in the last year or so? Was it that an FID is now also subject to suitability, like an LTC, or was it something else?

    Thanks,

    Graham
     

  2. jct61765

    jct61765 NES Member

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  3. bostonasphalt2

    bostonasphalt2

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    Yeah, but this doesn't go into any detail on what the police have to do on their side. Are they still allowed to act alike the good ol' days and just suspend/revoke at will? Or do they have to demonstrate to a court that the LTC should be revoked before they can come and take it? That post is from 2017, which, even now, is older.

    In full admission, I KNOW I know the answer to these questions, but for some reason am not able to put the answer together at the moment between sick family members, job hunting, other stressors in life.

    And no, I am not asking because I am at risk of my LTC getting yanked, it is in regards to a discussion about someone in town having their LTC temporarily suspended.
     
  4. drgrant

    drgrant Moderator NES Member

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    The police don't have to do anything they can just do it and then you're at the point of dealing with the court system or the police to get your license back..... they don't have to beg a judge to suspend or revoke an LTC, at least not up front. (eg there is no due process up front). Now that having been said there may be various judicial standards that come in and play with regards to whether or not that revocation or suspension would stand up to a court action...
     
  5. bostonasphalt2

    bostonasphalt2

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    Thanks,

    that was the assumption I worked under for the conversation I was having. Nice to see I'm not crazy for once.
     
  6. Rob Boudrie

    Rob Boudrie NES Member

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    Appropriate emphasis added 4U.
     
    drgrant likes this.
  7. Sauer Grapes

    Sauer Grapes NES Member

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  8. swatgig

    swatgig NES Member

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    The change in 2015 allows the chief to petition the court to suspend or revoke an FID card if he or she thinks you're unsuitable. Prior to 2015, a chief could do nothing about an FID card based on suitability.
     
  9. Rob Boudrie

    Rob Boudrie NES Member

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    Correct, but no court action is required if you become ineligible to hold the FID.

    As to the FID court action - just remember it's a marsupial hearing.
     

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