Who's still waiting in Everett MA

dre2333

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Hey everyone, im trying to see if there are more than 4 guys on NES waiting for their permit from Everett PD.

If we can all get on the same page lets meet with the mayor, and let him know whats going on and try to see if he can help us.

September 9th will make my 10 month and they are saying they still have not gotten anything back from mental health or state police.

Lets all stick together
 
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They won't get anything back from the Department of Mental Health. PERIOD! DMH will not release any mental health information on you or anyone else. PERIOD! It's a HIPPA violation and if DMH does release information sue the crap out of them. PERIOD!
 
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They won't get anything back from the Department of Mental Health. PERIOD! DMH will not release any mental health information on you or anyone else. PERIOD! It's a HIPPA violation and if DMH does release information sue the crap out of them. PERIOD!

This... HIPPA laws are hardcore. Did they make you sign a form releasing your medical records to them?

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Holy shit.....10 months??? It's times like this I wish I won powerball, so that I could have a lawyer on retainer to sue the piss out of the state for people such as yourself. Jesus H Christ, that is just absurd.

Calling Jesse Cohen.....paging Mr Cohen.... :cough cough:
 
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This... HIPPA laws are hardcore. Did they make you sign a form releasing your medical records to them?

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You can't sign away your rights under HIPPA for any reason other than medical treatment. Requesting medical records to determine suitability for a firearm permit is NOT "a need to know" for medical treatment. This is a blatant violation of civil rights under the HIPPA laws. The Police have absolutely NO right to request that information!

Yes there are a few exceptions but it has to be court ordered.
 
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ColdDayInHell

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You can't sign away your rights under HIPPA for any reason other than medical treatment. Requesting medical records to determine suitability for a firearm permit is NOT "a need to know" for medical treatment. This is a blatant violation of civil rights under the HIPPA laws. The Police have absolutely NO right to request that information!

Although this may be correct, I do remember something about a mental health consent form before my LTC was issued...
 
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Although this may be correct, I do remember something about a mental health consent form before my LTC was issued...

If you were coerced to sign that as a condition of issue for a LTC-A, then your civil rights were violated. Plain and Simple. The police have absolutely no authority to request your medical records for anything that is not the result of a criminal act AND ordered by the court. Period!
 

ColdDayInHell

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If you were coerced to sign that as a condition of issue for a LTC-A, then your civil rights were violated. Plain and Simple. The police have absolutely no authority to request your medical records for anything that is not the result of a criminal act AND ordered by the court. Period!

I need to get my paperwork out now! I thought that every applicant had to get passed by a check done by the FBI? I may have been lied to.

Nope, I just have the letter that includes my pin. I am 99% sure of the mental health thing though.
 
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I need to get my paperwork out now! I thought that every applicant had to get passed by a check done by the FBI? I may have been lied to.

Nope, I just have the letter that includes my pin. I am 99% sure of the mental health thing though.

You have to have the FBI background check, that's not the issue, but they have no authority to request your medical records without court order and they better have a damn good reason. They cannot ask you to wave your right of confidentiality under HIPPA as condition for a suitability determination for issue of a LTC-A. That dog don't hunt under Federal Law. And if they coerced you to sign a waiver as condition for issue of a LTC-A they violated your civil rights.

Look at it this way. I'll allow you to stay in my hotel but only if you are not HIV positive and for us to determine that we need to have access to your medical records. Sign this form and we'll review your medical records and determine if we'll rent you a room to sleep in. That doesn't fly.

Besides Question 8 on the application deals with this.
 
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fstkmaro

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That is a load of bull. This is a blatant violation of stated laws. you are supposed to get notified of a decision within 40 days of submitting your request. I know no department meets the 40 days requirement but 10 months is too long. Make sure your month count is correct.
 

dre2333

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That is a load of bull. This is a blatant violation of stated laws. you are supposed to get notified of a decision within 40 days of submitting your request. I know no department meets the 40 days requirement but 10 months is too long. Make sure your month count is correct.

November 9th 2011 i filled out all my info at the station and interviewed
Dec month 1
Jan. Month 2
Feb month 3
Mar month 4
Apr month 5
May month 6
June month 7
July month 8
Aug month 9

And i said in the original post sept will make the 10th month
 
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November 9th 2011 i filled out all my info at the station and interviewed
Dec month 1
Jan. Month 2
Feb month 3
Mar month 4
Apr month 5
May month 6
June month 7
July month 8
Aug month 9

And i said in the original post sept will make the 10th month


I hate to say it andre, but it might be time to send Comm2A an email
 

ColdDayInHell

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November 9th 2011 i filled out all my info at the station and interviewed
Dec month 1
Jan. Month 2
Feb month 3
Mar month 4
Apr month 5
May month 6
June month 7
July month 8
Aug month 9

And i said in the original post sept will make the 10th month

I hate to say it, but this whole thing stinks the more I think about it.
 
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Tomorrow at noon I have a meeting with the LEO in charge of licensing once I'm done with the meeting I'll let you know what he says and keep you further updated on the process.
 

dre2333

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I hate to say it andre, but it might be time to send Comm2A an email

I did, he told me to contact a councilor,or mayor. I contact one of my councilors 3 weeks agao. He told me what the pd told me, its with mental health and the state police.

This why im trying to get everyone from everett who hasnt received their pemit yet to come with me to speak with the mayor.
 
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Again, DMH is NOT going to respond to their requests. It's a HIPPA violation if they do and it will open them up to a law suit. They won't respond. I know. My wife works for them. Those requests are thrown away.
 

fstkmaro

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As I said, this violates the law. Even contacting the State's licensing board may be advisable. Your application is likely to still be at the LEO office and has not been sent to the state. The state's process is fairly quick, it is the local PD that screws things up. The state deals with backgrounds and other checks, the local pd is just a thorn on our hands.
get moving, it does not look good.
 

dre2333

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As I said, this violates the law. Even contacting the State's licensing board may be advisable. Your application is likely to still be at the LEO office and has not been sent to the state. The state's process is fairly quick, it is the local PD that screws things up. The state deals with backgrounds and other checks, the local pd is just a thorn on our hands.
get moving, it does not look good.

I never said i believe them, when the say its with the state or mental health. I was lied to for 8 months, and i just assume im being lied to now.

Also i had called the FRB about 4 weeks ago, and they said i wasnt even in the system yet, state police or FRB.
 

dre2333

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Stop wasting time bitching on the board. Hire an advocate and go kick some ass....

First of all this thread wasnt for bitching it was trying to gather people in my city to meet with the mayor.

2nd what do you mean when you say hire an advocate?

Most of the time NES is really supportive and offers great advice, and then 1 person comes along that makes it seem like your in the wrong place.
 
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First of all this thread wasnt for bitching it was trying to gather people in my city to meet with the mayor.

2nd what do you mean when you say hire an advocate?

Most of the time NES is really supportive and offers great advice, and then 1 person comes along that makes it seem like your in the wrong place.


Contact Attorney Cohen or Attorney Keith Langer for assistance, they are both well versed in dealing with this type of situation.
 

dre2333

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Contact Attorney Cohen or Attorney Keith Langer for assistance, they are both well versed in dealing with this type of situation.

I spoke with attorney cohen about a month ago. Next recourse is court, i am not at the luxury to pay attorney fees at this moment, where a house is my main objective right now. Also, court does not sound like a 100% guarantee that i will get my permit.
 

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In the sticky in the MA gun law section, LenS posted that a query to the Dept of Mental Health is made by email, in the application process. I am ignorant of all the ins and outs of the Hippa regs, but would a request for info on whether or not the applicant had ever been committed, and nothing more, be prohibited?

Len is very knowledgeable on all things pertaining to licensing, and he says it's part of the process.
 

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I deal with HIPAA all day, every day; that being said, DPH cannot even acknowledge that they have a record on you without violating HIPAA. I work for the friggin military and I cannot get medical information on soldiers undergoing government mandated treatment that is paid for by my department without a signed release of information form. HIPAA is awesome to protect your personal info as a civilian, but a soldier should not fall into this same spectrum... but I digress.

The only way I could see them getting around the HIPAA violation would be if it was on the books as a law that "anyone applying for a LTC can have their records reviewed at DPH as part of the review for suitability". Since a law like that is so invasive as to be akin to a body cavity search, I don't think it exists.
 

dre2333

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In the sticky in the MA gun law section, LenS posted that a query to the Dept of Mental Health is made by email, in the application process. I am ignorant of all the ins and outs of the Hippa regs, but would a request for info on whether or not the applicant had ever been committed, and nothing more, be prohibited?

Len is very knowledgeable on all things pertaining to licensing, and he says it's part of the process.

Agreed, they said it was part of the process even at the firearms class i took at smith and wesson
 

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I deal with HIPAA all day, every day; that being said, DPH cannot even acknowledge that they have a record on you without violating HIPAA. I work for the friggin military and I cannot get medical information on soldiers undergoing government mandated treatment that is paid for by my department without a signed release of information form. HIPAA is awesome to protect your personal info as a civilian, but a soldier should not fall into this same spectrum... but I digress.

The only way I could see them getting around the HIPAA violation would be if it was on the books as a law that "anyone applying for a LTC can have their records reviewed at DPH as part of the review for suitability". Since a law like that is so invasive as to be akin to a body cavity search, I don't think it exists.

Do you mean that no law like this exists?


MGL C. 140 S. 131

Administrative process​
[FONT=LKAOEH+TimesNewRoman][FONT=LKAOEH+TimesNewRoman]
(e)​
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[/FONT]
[FONT=LKAOBC+TimesNewRoman][FONT=LKAOBC+TimesNewRoman]Within seven days of the receipt of a completed application for a license to carry or possess firearms, or renewal of same, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall within 30 days advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a license to carry or possess firearms. In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. The colonel shall inquire of the commissioner of the department of mental health relative to whether the applicant is disqualified from being so licensed. If the information available to the colonel does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within said 30 day period. The licensing authority may also make inquiries concerning the applicant to: [/FONT][/FONT]​
[FONT=LKAOEH+TimesNewRoman][FONT=LKAOEH+TimesNewRoman]

. . .

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[FONT=LKAOBC+TimesNewRoman][FONT=LKAOBC+TimesNewRoman] [/FONT][/FONT]​
[FONT=LKAOEH+TimesNewRoman][FONT=LKAOEH+TimesNewRoman](iii) [/FONT][/FONT][FONT=LKAOBC+TimesNewRoman][FONT=LKAOBC+TimesNewRoman]the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.
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Rick8325

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Argh. Took me 4-5 months to receive mine in the mail. 1 month of that was just to get my paperwork in because Silva is a PITA to get a hold of. Told me to come in on 6 different days and each time I showed up I was informed he wasn't in. Ended up going one night when he was in and there was about 30 people waiting. I got there 45 minutes early and was still #30 on the bottom of the sign in sheet. All I know is that when it's time for my renewal in a few years, I'll be residing in a new town.

Good luck with your situation.
 
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