Updated: Is it Possible to Re-apply for LTC in another city MA?

[fred6052000]

My application for a License to Carry (LTC) was rejected by the police department due to inaccuracies in my application. I want to clarify that I did not intentionally provide false information. Two years ago, I was arrested in Denver, but the District Attorney chose not to pursue charges, leading to a "No File" outcome. I did not appear in court as a result.
Now, I understand I have a 90-day window to appeal the decision. However, I have since relocated to a different city (Dedham). My question is whether I should proceed with the appeal or if it would be more appropriate to submit a new application in my current city?

UPDATE: I appreciate everyone's comments, suggestions and supports. After a thorough review, I've come to realize that I'm facing a significant issue due to unintentional misinformation in my application. The feedback and insights have made it clear that my eligibility for the LTC is compromised due to this error. Consequently, I have chosen NOT to pursue the appeal or submit a new application, as the likelihood of approval is minimal, and legal representation doesn't guarantee success. I am currently residing temporarily in Massachusetts and plan to return to Colorado in two years, where I can renew my CCW. Thank you once again for your valuable advice and suggestions.

 

[pastera]

Was it rejected or denied?
Crucial difference.
Open wallet and contact @nstassel either way unless you want to make things even worse down the road.

 

[MassPete]

I believe question 4 on the application asks if you've ever been arrested. If you didn't tell them about it, that could be their reasoning. See the above post for your best advice.

 

[fred6052000]

Was it rejected or denied?
Crucial difference.
Open wallet and contact @nstassel either way unless you want to make things even worse down the road.

They called me and told me that they are going to decline because I was untruthful.

 

[fred6052000]

I believe question 4 on the application asks if you've ever been arrested. If you didn't tell them about it, that could be their reasoning. See the above post for your best advice.

Yes. That was the reason, but I did not intentionally lie to them.

 

[MassPete]

Yes. That was the reason, but I did not intentionally lie to them.

Hunter?? Is that you??

 

[fred6052000]

Hunter?? Is that you??

No, I am not. It seems Hunter and I have common issue

 

[JRLB]

Yes. That was the reason, but I did not intentionally lie to them.

If you put down you were never arrested, then that is intentionally lying.

 

[fred6052000]

Someone told me that reapply to Dedham (my new town that I moved) and see what they say. But this time I will answer "yes" and provide all the documents.

 

[fred6052000]

If you put down you were never arrested, then that is intentionally lying.

The DA didn't file any charges, and I didn't appear to the court. The funny thing is they released my firearm too.

 

[JRLB]

The DA didn't file any charges, and I didn't appear to the court. The funny thing is they released my firearm too.

All well and good, but you were arrested and then you said you weren’t. That is a lie. You do understand that right?

 

[not new guy]

If you put down you were never arrested, then that is intentionally lying.

He was likely told that he’d have a clean record or something like that, which is obviously not true if they can see it in a system. I was in the same situation way back when and it’s sort of easy to see how it happens if you don’t do your research ahead of time. But yes, you’re right of course.

 

[fred6052000]

He was likely told that he’d have a clean record or something like that. I was in the same situation way back when and it’s sort of easy to see how it happens if you don’t do your research ahead of time.

Exactly. 2 weeks later after my arrest they release my firearm to me, and never suspended my CCW (Conceal Carry Weapon Permit) in Colorado.

 

[fred6052000]

My question is: Should I re-apply again in my new town (Dedham) or should I get a lawyer and appeal? Does anyone done that before? and what was the outcome

 

[JRLB]

He was likely told that he’d have a clean record or something like that, which is obviously not true if they can see it in a system. I was in the same situation way back when and it’s sort of easy to see how it happens if you don’t do your research ahead of time. But yes, you’re right of course.

I get that. By his own admission the issue was not answering truthfully about the arrest.

 

[not new guy]

Someone more qualified may have better advice, but it seems like you should be able to reapply in the new town and just fully disclose everything- including the denial - and explain how it happened.

 

[JRLB]

My question is: Should I re-apply again in my new town (Dedham) or should I get a lawyer and appeal? Does anyone done that before? and what was the outcome

See post #2 by Pastera

 

[n1oty]

I'd talk with a lawyer first. We have a couple of great ones right here.

 

[wildwest]

4. Have you ever been arrested or appeared in court as a defendant for any criminal offense?  YES  NO

 

[fred6052000]

Someone more qualified may have better advice, but it seems like you should be able to reapply in the new town and just fully disclose everything- including the denial - and explain how it happened.

Agree. If I appeal will cost me 4-5k at least but reapply around1k with attorney's help.

 

[allen-1]

My question is: Should I re-apply again in my new town (Dedham) or should I get a lawyer and appeal? Does anyone done that before? and what was the outcome

You should stop providing information about your situation in this thread/forum and seek competent counsel.

I’d recommend Neil Tassel, he’s @nstassel in this forum.

 

[not new guy]

Meh. It’s a straightforward question and talking about it here doesn’t hurt him, and may save him legal fees. It’s a good question though, so barring a definitive answer on here he definitely should call a lawyer and just pay for the answer (not necessarily $5k worth of hand holding).

 

[fred6052000]

You should stop providing information about your situation in this thread/forum and seek competent counsel.

I’d recommend Neil Tassel, he’s @nstassel in this forum.

Thank you for suggestion. i heard a lot of good things about him. I am going to contact him and see what he says.

 

[KMM696]

As everyone else has said, you need a lawyer competent in MA firearms law, and you need that lawyer before your 90 day appeals window closes.

 

[fred6052000]

Meh. It’s a straightforward question and talking about it here doesn’t hurt him, and may save him legal fees. It’s a good question though, so barring a definitive answer on here he definitely should call a lawyer and just pay for the answer (not necessarily $5k worth of hand holding).

To be honest with you, I have spoken with 2 attorneys and their advise wasn't really clear. their answer was 50-50. Told me to reapply and see what happened.

 

[fred6052000]

Does anyone applied in Dedham? Is it a green town?

 

[BTSDOG]

 

[LLF]

Question #4 trips up a lot of people. When I applied for my LTC I believe it read "have you ever been charged with a felony?".
I had indeed been charged with a "felony" many years ago, I went to court, paid a fine, and the charges were dismissed. Had I fought the charges and been convicted I could have served up to a year in jail which constitutes a felony.
The trick was the word "charged". Had I not read the question carefully I would have answered "no" because I was never convicted. But that's not what they are asking.
Same thing with OP. They were "arrested" but never convicted. If you really want a LTC get a lawyer because you answered the question wrong.
IMHO re-applying in a different town will only add insult to injury, making it look like you are shopping for a better outcome.
Always remember you are in a state that is looking for any possible way to deny or confiscate your LTC. The state certainly isn't going to make it easy for you.

 

[alx]

I believe question 4 on the application asks if you've ever been arrested. If you didn't tell them about it, that could be their reasoning. See the above post for your best advice.

Correct. #4 reads:

Have you ever been arrested or appeared in court as a defendant for any criminal offense?

So it is about appearing in court OR getting handcuffs on... if you have been in this situation and you dont disclose it on the app it will flag. Seek legal advice before you make it worse by appearing to try to circumvent the system.

 

[fred6052000]

Question #4 trips up a lot of people. When I applied for my LTC I believe it read "have you ever been charged with a felony?".
I had indeed been charged with a "felony" many years ago, I went to court, paid a fine, and the charges were dismissed. Had I fought the charges and been convicted I could have served up to a year in jail which constitutes a felony.
The trick was the word "charged". Had I not read the question carefully I would have answered "no" because I was never convicted. But that's not what they are asking.
Same thing with OP. They were "arrested" but never convicted. If you really want a LTC get a lawyer because you answered the question wrong.
IMHO re-applying in a different town will only add insult to injury, making it look like you are shopping for a better outcome.
Always remember you are in a state that is looking for any possible way to deny or confiscate your LTC. The state certainly isn't going to make it easy for you.

I will contact the attorney to see what they suggest. Thanks for the reply and your suggestion.