OK.
If you move to NH and do nothing with your former-state-of-residence DL, that DL is not revoked or cancelled, but after 60 days it is invalid in NH.
Poor example, that's actually what EOPS would love to have for LTCs, but such an analog doesn't exist in MA for LTCs at all. There is no auto-destruct mandate conditional or
otherwise in MGL. That's why EOPS doesn't expire or revoke them even after a person leaves. Becuase it can't.
My assertion is simple and self evident, finding an example in the US would require legal resources that I do not have access to, but you do. So surely you can back up your assertion with a case that was dismissed because the accused carried in MA on a resident LTC after he has relocated out of state (considering some kind of grace period exists).
Trying to prove something that never happens is difficult. You would have to have a cop dumb enough to arrest someone with an LTC and then charge them with unlawful possession. Then you would also have to have a prosecutor dumb enough to apply the charges on top of that. There is no "Dismissal" because the charges would never make it that far. Or they would retain the "other" charges if applicable and immediately drop the gun one because the LTC nulls it out.
@nstassel may or may not be aware of some cases where this sort of thing happened, but if I was going to make a WAG the unexpired LTC made those charges weak/unusable.
Also maybe you can explain this, if the license is magically invalid upon self-ratting then why isn't it mandated in the law that you have to surrender your LTC to your issuing authority or EOPS? Surely if the law mandated that they would tell you to do it. But they don't, because.... it doesn't.
Not sure how hard that is to understand.
Simple facts, I haven't heard any dispute of these:
The LTC is issued to the person identified on the LTC, and in the application. This identity include the persons name and address.
Licenses are issued under one section for residents, and under another section for non-residents. Proving these to be distinct and different groups. And the license issued to each is different.
Doesn't mean anything, unlike your NH example theres no example in MGL which dictates destruction or automatic nullity of an MA LTC.
It has to do with the state of existence of the person at the time of application. That's what MGL is asking, nothing more. It doesn't say "if you leave this explodes".
Also there are people walking around with "resident" LTCs with non MA addresses on them. This happens either from people with business LTCs (which technically are "resident" ltcs, even though the people dont live here) or I would bet anything nowadays if the original issuing authority isnt c***s and requests a replacement license for a lost one, they will get another license with the address of record on it, wherever it actually is.
You are entitled to a license under the section you qualify for. Which includes both your residence status as well as other potential disqualifiers.
Lol yes at the time of application.
A license is only valid so long as you qualify. The act of revocation is recognition of the invalidity.
Lol a license is valid until its revoked or suspended. Period.
Your assertion that validity and revocation are the same, in addition to be incorrect, would allow a convicted violent offender to have a valid LTC until the paperwork caught up with him. My position would be that the LTC becomes invalid on conviction, even though verifying and documenting this may be difficult until official revocation takes place.
Apprenlty you've never heard of entrapment by estoppel.
Lol it is 100% valid until or unless some state actor revokes or suspends it.
Your position is garbage. There are tons (actually likely thousands, after GCA1998 when the laws changed) of people who have lost LTC and FID post conviction because of records problems, none of them get rapped for unlawful possession unless they failed to surrender thier guns at that point of revocation or suspension. A lawyer with any experience is going to go "Reasonable person principle, get f***ed". A reasonable person assumes that if a state actor issued them a license that it is legitimate. Thats also cute thing called "Entrapment by Estoppel". Because the state gave someone a license and didnt take it away during period of time X, it is presumed that is a form of the state telling the person "Posession of X is okay" . You cant just issue a license, then sneakily come arrest them for unlawful possession after the
fact because you were too lazy to take the license away or revoke/suspend / notify of such thing.
It's no different than when NICS does a delayed denial on someone and then the ATF goes to the house to get the gun. They never arrest the person if the person surrenders the
gun (absent OTHER offenses like an open warrant or something). Why? because the act of "proceeding" them to begin with is effectively LE telling you "you're okay". You can't tell someone its OK for you to buy a gun and then arrest them for that conduct later without triggering an estoppel defense. (and yes, you can argue later that they may have lied on fhte 4473 or something but good luck proving intent on that unless the guys DQing offense happened a week ago. )
Find me a piece of case law where a guy got busted for "carrying concealed firearm" or similar in any state where the actor was actually legally DQed but still (somehow) possessed a valid, non revoked, or non suspended license. You can't. You can't use "gnomish orbital legal mysticism" to automatically nullify a license. No matter how badly you want it to be true.
Consider the other side. If a PO takes possession of you LTC, but no Revocation has been issued, can you be changed with possessing a firearm - Revoked?
No. Some action must be taken by the IA. A suspension, or revocation. now normally if something bad happens, you get arrested, and this action has already happened while you
were marinating in the can before arraignment. Then the judge says "bro u cant touch guns legally" and obvious thing is obvious.
For example with that attorney detained in springfield some 15, 20 yrs ago? I don't think his LTC was ever suspended or revoked even though his gun and LTC were confiscated by the douchebag LEO that got all bent because the guy was OCing. He was never formally arrested or charged with anything either. And I'm pretty sure that guy probably owned more than one gun and didnt magically get cleaned out either.