What to do when a police station delays your renewal LTC past your experation date?

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The station said they are backed up and the city is not providing them with enough staff. Is it time to seek assistance from a lawyer?

Also, if my permit expires can they confiscate my guns out from my home?
 

FPrice

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Did you submit your renewal in advance of your current LTC end date? If so, how much before?
 

Picton

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You should have gotten a receipt when you submitted your renewal. Keep it on you, folded in your wallet next to your expired LTC, and save whatever emails you've got from them admitting they're backed up.

You'll be fine, and legal as long as you submitted your renewal in good faith and can prove it.
 

Len-2A Training

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You should have gotten a receipt when you submitted your renewal. Keep it on you, folded in your wallet next to your expired LTC, and save whatever emails you've got from them admitting they're backed up.

You'll be fine, and legal as long as you submitted your renewal in good faith and can prove it.
True as long as it the MIRCS receipt. No other type of receipt counts. I recommend photo-reducing it and laminating it and carry that one. The 8.5x11" copy they give you will shred in your wallet after a few months.
 
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No, they would not accept my renewal application in person said I had to call to make an appointment then said my appointment was on x date and that was after my expiration.
 

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No idea why all these guys jump to “Should I call a lawyer?” The chief in your town/city runs the department. The chief did not just show up one day and all on his own start running the department and someone randomly decided to pay him for it. My point is, he was hired meaning he has a boss. Now if you go up high enough in your town/city one of the bosses was elected by you. What do they have to say? Do the elected officials get a renewal date appointment after their expiration date? Are they aware of what this does to a person? You don’t know until you ask oh, and the price is right.

To my knowledge, they can’t confiscate them without a court order. Even if they decide to revoke/suspended your license, you are supposed to surrender the firearms in your possession. Some towns currently have law suits because they read surrender as confiscate.
 

nstassel

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No idea why all these guys jump to “Should I call a lawyer?” The chief in your town/city runs the department. The chief did not just show up one day and all on his own start running the department and someone randomly decided to pay him for it. My point is, he was hired meaning he has a boss. Now if you go up high enough in your town/city one of the bosses was elected by you. What do they have to say? Do the elected officials get a renewal date appointment after their expiration date? Are they aware of what this does to a person? You don’t know until you ask oh, and the price is right.

To my knowledge, they can’t confiscate them without a court order. Even if they decide to revoke/suspended your license, you are supposed to surrender the firearms in your possession. Some towns currently have law suits because they read surrender as confiscate.
I don't want this to be self serving but the reality is that this is exactly why a lawyer should get involved. This is how suitability denials are made. The police don't have time to do their jobs but they'd be happy to suspend your license and seize all your guns after the mayor's secretary or town manager call them to say you were angry and threatening because your ltc renewal was "slightly" delayed.

So go ahead. Tell them who is their boss and how your taxes pay their salary. Let us know how that works out for you.
 

Len-2A Training

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No, they would not accept my renewal application in person said I had to call to make an appointment then said my appointment was on x date and that was after my expiration.
In that case per MGL you have 90 grace period but can't buy/sell anything. You also have nothing to prove that you have a grace period if queried by an officer who isn't knowledgable of the 90-day grace period (most of them) while in possession. My recommendation is to lock them up and don't touch them until your new LTC comes in.

To my knowledge, they can’t confiscate them without a court order. Even if they decide to revoke/suspended your license, you are supposed to surrender the firearms in your possession. Some towns currently have law suits because they read surrender as confiscate.
They can do what they want and most courts will let them get away with it, even though they shouldn't confiscate. Also they can't suspend/revoke an expired LTC, just not possible.
 

Picton

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No, they would not accept my renewal application in person said I had to call to make an appointment then said my appointment was on x date and that was after my expiration.
Oooof.

Get your running shoes on and don’t stop until you hit Canada.

No, really, Len’s advice is probably good. But, for all the newer shooters out there reading? THIS is why you start the renewal process looooong before your expiration date. Things like this come up, and you need time to deal with them.
 
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Yea. I started renewal 90 days before expiration and I got the LTC about a month after... Nothing like being over 2 months later than what the law allows.... Until there are repercussions for the police depts that pull that crap, they'll keep doing it.
 

Picton

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Yea. I started renewal 90 days before expiration and I got the LTC about a month after... Nothing like being over 2 months later than what the law allows.... Until there are repercussions for the police depts that pull that crap, they'll keep doing it.
I gave my licensing guy four months. He was still a week late getting my renewed LTC to me, but at least he maintained good comms and seemed well-versed on what kinds of workarounds I could use to buy and sell during that week.

Save EVERY email exchange.
 

jd4444

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I don't want this to be self serving but the reality is that this is exactly why a lawyer should get involved. This is how suitability denials are made. The police don't have time to do their jobs but they'd be happy to suspend your license and seize all your guns after the mayor's secretary or town manager call them to say you were angry and threatening because your ltc renewal was "slightly" delayed.

So go ahead. Tell them who is their boss and how your taxes pay their salary. Let us know how that works out for you.
I did not say anything about “my taxes pay your.....” as I have always thought that was a very shortsighted saying. (we all pay each other’s salary in one way or another) I am suggesting using the courses for resolution that are already in place and cost nothing prior to spending money on a lawyer.
 
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jd4444

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In that case per MGL you have 90 grace period but can't buy/sell anything. You also have nothing to prove that you have a grace period if queried by an officer who isn't knowledgable of the 90-day grace period (most of them) while in possession. My recommendation is to lock them up and don't touch them until your new LTC comes in.


They can do what they want and most courts will let them get away with it, even though they shouldn't confiscate. Also they can't suspend/revoke an expired LTC, just not possible.
Yea, I think that is what I said.
 

fencer

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I don't want this to be self serving but the reality is that this is exactly why a lawyer should get involved. This is how suitability denials are made. The police don't have time to do their jobs but they'd be happy to suspend your license and seize all your guns after the mayor's secretary or town manager call them to say you were angry and threatening because your ltc renewal was "slightly" delayed.

So go ahead. Tell them who is their boss and how your taxes pay their salary. Let us know how that works out for you.
OP - Not trying to tell you what to do, but if this guy told me to consult an attorney, I would listen to his advice. He really knows what he is talking about.
That having been said, so much depends on what town you live in, and their overall views/ policies wrt firearms.
If you live in Lakeville, Middleboro, Berkley or a similar green town, You should be fine, provided there are no other issues. If you live in Boston, Brookline or Cambridge, I would recommend contacting an attorney, or Comm2A, or even ask nstassel for a referral.

If I even remotely thought my collection could be confiscated, I would not hesitate to protect it. Aside from the monetary value, the thought of potentially loosing a few pieces that I consider heirlooms would be devastating.

I am fortunate that my COP is great, and he isn't confiscating anything without a damn good reason. About 6 months before my last renewal, I got a letter in the mail saying that things were really backed up and to renew early. I shot my licensing officer an email and he told me not to worry about it and submit the renewal 90 days before expiration. I still dropped it of early, and when he called me on it, I told him that I know he gets super busy and I know he has a lot of other things to deal with (which is true ). It was still almost 2 months late, which kinda sucked because I was unable to take advantage of the tax free holiday that year, but in the big scheme of things it was not a huge deal.
 

mibro

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Meanwhile, in Acton, the app't time from your call is a couple of days at the most. And they stick to the 40 day thingy. Any town could do it like that if they wanted to. Jack.
This. I took my eye off the ball and called the licensing officer in Acton about 45 days before expiration. I had my new card before the old one expired.
 
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Thanks for the advice, and yes i contacted them as they requested 3 months in advance then followed up. I actually had a filled out application and was in person at the station 3 months in advance and they refused to take it, had to call and leave a voice message was their new process.
 
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Mine was set to expire this past July. I called my police station in November to make an appointment in January expecting a huge delay. They told me to call in February and ask for a May appointment. So I did and got scheduled. They were very cool about it. But then my wife's aunt died and the wake was the night I was to have my appointment. I originally scheduled it for 8pm figuring nothing would interfere with that time slot. I was wrong.

Anyway, I contacted the licensing officer and explained I needed to reschedule. He put me out a week further. We had the appt. and my LTC was in my hand at the beginning of July.

Not sure why some cities or towns put you through what they do for this. Makes no sense to me.
 

Picton

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Not sure why some cities or towns put you through what they do for this. Makes no sense to me.
Malice, in some cases. Mostly, though, I suspect a mix of laziness and the fact that LTCs are probably a low priority for a lot of departments. In my town, the LTC guy is also the armorer, the commo guy, and the motor-pool guy. He's a busy man. Ultimately it's his boss' fault if those manning policies prevent the town from meeting its statutory obligations, but I've found being a dick to the licensing guy isn't helpful to my cause. Like I said above, he wasn't hostile or thuggish when my new card was a little late; he was just overworked.

I did notice that renewing was a way less formal process than the initial application.
 

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Meanwhile, in Acton, the app't time from your call is a couple of days at the most. And they stick to the 40 day thingy. Any town could do it like that if they wanted to. Jack.
In Wayland, no need for an appointment. Fill out the renewal form. Drop it off with the dispatcher. In a day or two, you'll receive the MIRCS receipt in the mail. The dispatcher then calls you when your LTC arrives.
 

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Thanks for the advice, and yes i contacted them as they requested 3 months in advance then followed up. I actually had a filled out application and was in person at the station 3 months in advance and they refused to take it, had to call and leave a voice message was their new process.
Call attorney Jason Guida.
 

nstassel

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I did not say anything about “my taxes pay your.....” as I have always thought that was a very shortsighted saying. (we all pay each other’s salary in one way or another) I am suggesting using the courses for resolution that are already in place and cost nothing prior to spending money on a lawyer.
I'm only reporting what, in my experience, how the individual advocating their own case gets into a bad situation.
 
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I waited until the last minute, I was out of town a lot. Called the PD appointment was 2 days later. Was told it could take 2 months. License would expire before the next one came. Hold receipt, no worries
 
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