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Weymouth LTC nightmare
- Thread starter fencerforhire
- Start date
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
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You don't seem to understand the basics of MA firearms licensing. There is no prohibition of using a juvenile record against an applicant, or of using information in sealed records that is available from other sources (departmental records, rumor, heresay, innuendo, etc.) in determining suitability.
So glad to hear the good news, thanks for providing the update. I was wondering if you would mind giving the name of the lawyer that help make this possible for you? It may help someone else out in the same dilemma and it could also give your lawyer some positive feedback.
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![[popcorn]](/xen/styles/default/xenforo/smilies.vb/043.gif "Popcorn [popcorn]")
His name is Attny. Sean Barkowsky; New Bedford.
508-990-4545.He is young and aggressive . He came recommended by Albert Tierney, An 82 year old
Attorney and authority on firearms laws and the second amendment.
508-990-4545.He is young and aggressive . He came recommended by Albert Tierney, An 82 year old
Attorney and authority on firearms laws and the second amendment.
- Joined
- Jan 30, 2008
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Did you miss the part about being urged to resolve the matter by a judge? I am guessing that they had the matter heard in court and the judge pressured the chief.
The case was to be heard in November. Prior to the hearing, the judge
ordered a conference between the parties to resolve the differnces of opinion. He said if I could provide more evidence that I didn't "appear in court" then perhaps Weymouth could agree to resolve this without the courts
intervention.That probably prodded the town along. On feb. 6, I got the call that it was resolved. I called the LEO and he was sick and out of work until Mar. 25. Still, another $100 (standard procedure in this state) and another 6-8 weeks and an employment restriction. Just their way of saying who is still the boss I guess.... Oh, and I won't consider it over until I have the LTC in my hand!
ordered a conference between the parties to resolve the differnces of opinion. He said if I could provide more evidence that I didn't "appear in court" then perhaps Weymouth could agree to resolve this without the courts
intervention.That probably prodded the town along. On feb. 6, I got the call that it was resolved. I called the LEO and he was sick and out of work until Mar. 25. Still, another $100 (standard procedure in this state) and another 6-8 weeks and an employment restriction. Just their way of saying who is still the boss I guess.... Oh, and I won't consider it over until I have the LTC in my hand!
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Weymouth is well known for issues like this. I find it odd that Quincy, Abington and Hingham all border Weymouth and all issue unrestricted LTC A's to law abiding citizens w/o a record. I'm glad you got some justice, but of course you will still have the restriction to employment only. I will never understand why Weymouth insists on trampling the rights of US citizens for no reason. They must not realize that we want to legally posess and carry a firearm. You would think any town would be happy its resident wants to do this legally.
Well, that happened quickly. You first posted on 16 March, then got a lawyer, a date with a judge and had everything resolved, I guess this past week?
Wow! That's pretty fast work.
EDIT: Never mind. I see that you first posted this a YEAR ago.
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Well, I was speaking more generally, clearly they had a little more pressure in this case, but there seems to be a pattern of even without the judge of backing down once the issue is pressed with even the lightest of force...
Clearly the CLEOs know they are on shaky ground in many instances and CLEOs and LEOs should never stand, nor need to stand on shaky ground...
I understand and respect that they have to "make the call" in many cases, but they are not supposed to "make the law", so when they "make the call" and get spanked by a judge, they are supposed adjust their "call" the next time accordingly...
There are many towns that seem to think they will just keep on as they have been until someone complains and even then they will claim it is a special case for that person when the real failure is an overboard interpretation of their discretion... (as demonstrated by the judge applying pressure and caving to the threat of litigation in many cases not some arbitrary line I have drawn...)
It's easy (slippery slope) to go down this path of saying "wouldn't it be nice to be sure that everyone who had a gun was squeaky clean and beyond reproach of any kind?"
But taking the good with the bad, we are a society based on presumption of innocence even when it hurts... Discretion is not something provided for on that presumption... That's why we have the bill of rights - discretion is known to be abused as a matter of course not as an exception to the rule...
Finally over, they still win
Just received my LTC-a restricted to hunting ,taget and employment. It's been an expensive and educational hassle filled nightmare. It started Nov. 29, 2007 and finishes just today. 500 + days . King told me Weymouth will not issue unrestricted to anyone except police officers and business owners such as jewlery store owners! This B.S despite the fact that it was just reported today that the temporary chief Sullivan abruptly retired due to medical reasons yesterday. I'm convinced there is no chance for alps at least until King retires, as I believe the chief justs rubber stamps his decision. I also was told by King that he hopes to be retired by next year. We can only hope. He told most people don't get the employment resriction, only hunting target, so I'm fortunate. By the way, I'm a fence contractor who will be working nearly all the time, I guess....
Just received my LTC-a restricted to hunting ,taget and employment. It's been an expensive and educational hassle filled nightmare. It started Nov. 29, 2007 and finishes just today. 500 + days . King told me Weymouth will not issue unrestricted to anyone except police officers and business owners such as jewlery store owners! This B.S despite the fact that it was just reported today that the temporary chief Sullivan abruptly retired due to medical reasons yesterday. I'm convinced there is no chance for alps at least until King retires, as I believe the chief justs rubber stamps his decision. I also was told by King that he hopes to be retired by next year. We can only hope. He told most people don't get the employment resriction, only hunting target, so I'm fortunate. By the way, I'm a fence contractor who will be working nearly all the time, I guess....
Depends on where the restriction is sourcing from. Some towns like Boston have the restrictions coming from "higher up in the food chain". EG, some chiefs basically do whatever the mayor or the council tells him to do.
If this is the case in Weymouth it'll always be red. If the chief or his LO (King?) are just authoritarian douchebags, then if these people go away, the problem likely will, too.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
-Mike
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First, I am glad that you resolved this situation. Second, remember that your fingerprints are in the "system" forever and from now on your detention and printing by the police in Colorado "back in the day" will follow you around forever. You now have a "record" amigo and the problem is that there are those who will only cursorily read it, or be like the officer and "interpret" it in a certain way. This is not a good thing and only shows how a zero defects mentality is continuing to creep into the system. There is no margin for error, and transgressions which should be minor and forgotten about long ago or simply being in the wrong place at the wrong time are now major speedbumps on the road of life. Kids who are turned over to the police for doing things at school that a generation ago would have been handled by the principal are especially vulnerable just like all the stupid underage morons who send nude pictures of themselves on their cell phones and are now labled as child pornographers and hence sex offenders.
It's a Brave New World my friends...
Happy Friday !
Mark056
It's a Brave New World my friends...
Happy Friday !
Mark056
I was thinking the same thing. If this denial stands he is screwed in most states.
![[sad]](/xen/styles/default/xenforo/smilies.vb/004.gif "Sad [sad]")
EDIT: Sorry, didn't notice the date of the original post.
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The cost was $3500.00 plus I also had to ante up another 100 bucks for the second application fee. Plus a year and a half!
My lawyer basically got a certifed letter from the clerk of courts in Colo.
proving I never appeared in court nor was ever charged formally for any crime whatsoever. It's going to cost me more money to try to expunge this from popping up whenever my prints are run! What a system, the onus will be forever on me.
King acted as though he was doing me a favor for sure. He made this whole ordeal make me lose a little more faith in the future of this country and in
mankind itself...
"power corrupts...and absolute power corrupts absolutely"
My lawyer basically got a certifed letter from the clerk of courts in Colo.
proving I never appeared in court nor was ever charged formally for any crime whatsoever. It's going to cost me more money to try to expunge this from popping up whenever my prints are run! What a system, the onus will be forever on me.
King acted as though he was doing me a favor for sure. He made this whole ordeal make me lose a little more faith in the future of this country and in
mankind itself...
"power corrupts...and absolute power corrupts absolutely"
Fencer (as a fan of Robt. Parker, I love your screen name BTW)...I really hate to disillusion you but my experience has been that nothing totally gets expunged. Somewhere, someplace I am willing to bet that there will be a record which has the potential to pop up at an inopporutne time.
My deepest sympathies are with you and I can only say that the America and the criminal justice system that fingerprinted you when you were 19 years old has devolved into something far darker and even sinister than I at least would have ever imagined thirty years ago.
Even more alarming in Massachusetts are the number of errors in the records system. Those who oppose CORI reform are sadly misinformed as to the reasons why. The system is a mess with incomplete entries, errors and improperly entered dispositions or no dispositions at all.
You were lucky, damn lucky and I'm glad that you prevailed...this time.
All the best,
Mark056
