Unsuitable due to bounced check?

My worthless 2 cents.

Cops understand divorce. Go see the licensing officer and blame the bounced check on the divorce/soon-to-be ex-wife. Maybe you can get undenied without having to appeal.

However, IANAL so this will probably turn out to be laughably bad advice.
 
Certainly looks bad, there are many circumstances that could have made this happen though. Some of which that could have been out of his control. Anything more than a returned check fee is not fair in my opinion.
 
Dennis in MA said:
Let's take that to the logical conclusion. . . . .

1. Man has no money
2. Man bounces check to PD to renew LTC
3. Man is in dire need of money so starts robbing banks, grocery stores and coffee shops.
4. Man uses LICENSED gun to perform stick-up jobs.

Yep. That makes total sense. (I'm not saying that's YOUR logic - I can see how people don't think and then just go from 1 to 4 without thinking about 2 and 3.)
Click to expand...

daekken said:
Interesting, I was going to go the "I'm desperate so I'll do straw purchases" route.
Different sides of the same coin, I suppose.
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Glad some people got the point I was making. They're totally doing CYA
 
OP, did the letter actually state “unsuitable for license”? Or did it say we can’t process the application due to bad check?

Even in this crappy state I find it hard to believe that is grounds for denial by suitability.
 
sbi said:
OK, maybe, but how does this "qualify" for declaring someone unsuitable?
Click to expand...

It shouldn't. I wonder if that is the case or if that is just what the OP thought. I would think it would be just put as a returned check and make good on it. In fact, when I do my renewals, they cash the check right away, you would think they would let you know about the problem long before the LTC actually went through any process. And correct me if I am wrong, but I think I've read that the LTC is processed and sent back to the PD prior to the Chief deciding on suitability right?
 
steve8140 said:
OP, did the letter actually state “unsuitable for license”? Or did it say we can’t process the application due to bad check?

Even in this crappy state I find it hard to believe that is grounds for denial by suitability.
Click to expand...

I have seen a picture of the letter. It does indeed say "therefore not suitable for a LTC..." and "You have xxx days to surrender your firearms, ammunition, etc.".

This wasn't an administrative hold or a "hey buddy, that check bounced. We can't proceed without the fee." letter. This was a denial of a renewal.

As to the "how could he bounce a $100 check?" question. I don't know. It was drawn on a joint account right about the time that they started parting ways. Lot's of shoulda-done around this.

I guess the real question is how to proceed?

Call and offer to pay the missing money? - Since this made it to a full on surrender your stuff denial, I think that time is past.

Appeal the denial? - Maybe. Get before the judge, say I'm sorry and I have a postal money order for $100 in my pocket... can I have my license please?

Submit a new application? - Pay with money order this time and check the "yes, I have been denied" box with a "I bounced the renewal fee check" explanation?

I suspect that one of these results in a few more months of waiting, but a LTC at the end. One probably results in years of waiting and a lawyer. Not sure which one is which.
 
He needs to appeal. No, it won't result in years of waiting. Have him call up a good firearm's attorney ASAP, like Jason Guida. The attorney can tell him what to do, how long it might take, and roughly what it will cost.
 
I'm in Worcester so I dealt with the processing team and they were well above and beyond helpful. I find it hard to believe the denial came from them rather more likely the State Police who approve or deny the application.
I'd go down to the LTC Office immediately and explain what happened with a money order in hand-- I know they don't take cards and I'm not sure they take cash. I would not wait and would try and straighten it out in person first before bringing in an expensive attorney.
I'm with the "something doesn't add up here" crowd.
 
A check that bounces can be out of your control.

I do a direct monthly debit for my yearly oil budget.

Two months ago due to a clerical error on the oil company, they triple charged me.

It caused a check to the IRS to bounce.

Oh well....sh*t happens.
 
Paul455 said:
A check that bounces can be out of your control.

I do a direct monthly debit for my yearly oil budget.

Two months ago due to a clerical error on the oil company, they triple charged me.

It caused a check to the IRS to bounce.

Oh well....sh*t happens.
Click to expand...

Stuff like that is why I do all (or almost all) of such transactions by CC. You can clear up a problem like that on a CC faster than trying to clear up a bounced check.

Lately I have had a few legitimate organizations I deal with ask me to authorize automatic and recurring direct debits from my checking account. No way.
 
JackOfAllTrades said:
I have seen a picture of the letter. It does indeed say "therefore not suitable for a LTC..." and "You have xxx days to surrender your firearms, ammunition, etc.".

This wasn't an administrative hold or a "hey buddy, that check bounced. We can't proceed without the fee." letter. This was a denial of a renewal.

As to the "how could he bounce a $100 check?" question. I don't know. It was drawn on a joint account right about the time that they started parting ways. Lot's of shoulda-done around this.

I guess the real question is how to proceed?

Call and offer to pay the missing money? - Since this made it to a full on surrender your stuff denial, I think that time is past.

Appeal the denial? - Maybe. Get before the judge, say I'm sorry and I have a postal money order for $100 in my pocket... can I have my license please?

Submit a new application? - Pay with money order this time and check the "yes, I have been denied" box with a "I bounced the renewal fee check" explanation?

I suspect that one of these results in a few more months of waiting, but a LTC at the end. One probably results in years of waiting and a lawyer. Not sure which one is which.
Click to expand...

Based on this, which states '"therefore not suitable for a LTC..." and "You have xxx days to surrender your firearms, ammunition, etc.".'; advise your friend that he's past the point of getting advice from well intentioned (or otherwise) amateurs. As noted earlier by another poster, the clock is ticking.

If your friend wants a chance of successfully appealing this, he needs to hire professional counsel. Appealing to the "good nature" of the department who rejected him is out the window - the rejection's already been issued. Go hire an attorney who's a specialist in this field. Start with Comm-2A perhaps for a recommendation.
 
jpm said:
if you're bouncing checks to the PD, its going to make them wonder what you might be doing for $$ if they give you an LTC. It would certainly make me question your judgement/capabilities if you can't give the PD a $100 check that doesn't bounce.
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Agree
 
Anybody here hear of overdraft protection? Usually doesn't cost anything and usually the first overdraft is free. The check doesn't bounce with overdraft protection.
I've had a checking account for about 55 yrs. I never bounced a check. My wife accidentally did, but the bank notified us since we have overdraft protection. They took it right from our savings account to cover the check, then waived the $25 fee.
 
M1911 said:
He needs to appeal. No, it won't result in years of waiting. Have him call up a good firearm's attorney ASAP, like Jason Guida. The attorney can tell him what to do, how long it might take, and roughly what it will cost.
Click to expand...
The attorney will probably want cash.
 
I bought a personal check to my last renewal. While I was writing it out, I mentioned that they probably don't get many bounced LTC checks. "You'd be surprised." was the reply.

Should it be a reason for a denial? No. OTOH, maybe Worcester thinks that if he can't write a good check for a renewal, he won't have the money for a lawyer to file and appeal.

M1911 said:
I've always written a personal check. That said, I haven't bounced a check since 1983.
Click to expand...
 
JackOfAllTrades said:
As to the "how could he bounce a $100 check?" question. I don't know. It was drawn on a joint account right about the time that they started parting ways. Lot's of shoulda-done around this.
Click to expand...

Oh man, I hate being right all the time. :)

Step one, go see the licensing officer and explain this exactly, the ex cleaned out the joint account. You want the Chief on your side for the appeal.
 
OP, I hope this works its way out for your friend. Here is what I'd do:

- Have your friend go back to the Licensing Officer with a bank check or money order, explain that it was an oversight. The story is up to him/her. Personally, I'd keep it short and sweet. They may just tell them to re-apply. Seems this option can't hurt.

- If the LO gives your friend a hard time, with some hoopla about being a bad person and no longer suitable, then it may be time to visit an attorney. It is possible that an attorney can sort it out with a call.

- If that all doesn't work, have your friend discuss options with said attorney and proceed to next steps.

Please let us know how it works out.
VT
 
Garys said:
I bought a personal check to my last renewal. While I was writing it out, I mentioned that they probably don't get many bounced LTC checks. "You'd be surprised." was the reply.
Click to expand...

People make mistakes. It's not a surprise.

I keep enough money in my account and have overdraft protection, so it isn't an issue for me. But not everyone does the same.
 
If done correctly they could be a good case to overturn the state's $100 fee for exercising a constitutional right. Also might be a vehicle for attacking suitability by demonstrating that PD's are abusing it by using non-statutory reasons for denial forcing applicants to pay out of pocket to defend baseless denials.
 
I know a person who got the same "Denied, surrender all your stuff, you can appeal" letter a few months back. He screwed up the application. He met with the local licensing officer and all was straightened out right there at the station.

See if you can sit down and speak with the L.O. if it doesn't work out, then definitely appeal.
 

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