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All things, MA non-resident LTC

M1911 said:
I do wonder whether we could find grounds to sue the state. I realize that such a lawsuit would fail in state courts, so there would have to be a challenge in federal courts. Seven months to get an LTC is just not right.
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It is what it is.

They are over-inundated with new non-res applications, due the Bruen decision.

The dept is doing the best they can.

I posted my time frame to help others so they know to start their (in person renewal) process VERY early.
 
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Since it’s specifically involving non-residents who reside in different states (find plaintiffs from 10+ states) suing MA would that make it a federal level court case?

There has to be a way to word it so MA couldn’t moot is by issuing LTC’s. State it so it’s a long standard process going back years and applies to all. Just just the specific individuals.
 
NHCraigT said:
It is what it is.

They are over inundated with new non-res applications, due the Bruen decision.

The dept is doing the best they can.

I posted my time frame to help others so they know to start their (in person renewal) process VERY early.
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Then they need to hire more people. What they are doing now is simply unacceptable.
 
No harm filing renewal early as new permit valid for 12mo starting on date of old permit expiration. Just don’t forget to swap cards in your wallet.
 
NHCraigT said:
Got my renewal finally.

(With the in-person interview required) the total turn-around time, from the renewal application submission, to the receipt of the new non-res MA LTC = took 7 months + 1 week.
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How long after your interview did you receive it? I go Monday - 3 months after my last one expired. :rolleyes: (and 8 months after applying for renewal).
 
OMM 0000 said:
You all may want to review Goal.org’s coverage of the new MA gun control bill. It ends the non resident LTC.

GOAL - Home

goal.org goal.org
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Yup, noticed that too

This passes I won't be buying ammo (with or without the "Chris from NES" discount) at @KAG Arms
Might just as well give my membership dues to a club in RI too, since Beacon Hill doesn't want me spending any money in MA.

Let's see...anyone have a rough guess how many non-res LTC's there are? 100/year could be a significant amount of revenue.
Oh well....just raise the tobacco tax again.
 
OMM 0000 said:
You all may want to review Goal.org’s coverage of the new MA gun control bill. It ends the non resident LTC.

GOAL - Home

goal.org goal.org
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Wasn't there a court case, not sure what court, that found that NH couldn't set conditions for non-res that went beyond res permits? And chance that it could be used against MA?
 
GL2020 said:
So over 410k a year. Not as much as I thought, but not an insignificant amount.
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No worries. The Mass legislature will just raise the allowed fee for resident permits and skim what ever they need from the local issuers to make up for any short fall.
 
Mailed renewal in February 2023. Current expired in July of 2023. Interview in October 2023. Several weeks later, nothing yet, so I called. Tech checked who did it, and said she'd email the lady who processed it. "Issued" October 25th, and had it about a week later. So, "only" almost 9 months. Of course, this was an interview year (supposed to be last year, but they were so late with that, it rolled into this year). I should probably submit my renewal now. :rolleyes:
 
Ended up having to ask them to move my initial interview due to a business trip. Was supposed to be in July of 2023, they scheduled for Feb of this year (I mailed my application packet in Jan of 23). With that finally coming up in a few weeks, figured I’d ask what kind of questions to expect.
 
B302 said:
Ended up having to ask them to move my initial interview due to a business trip. Was supposed to be in July of 2023, they scheduled for Feb of this year (I mailed my application packet in Jan of 23). With that finally coming up in a few weeks, figured I’d ask what kind of questions to expect.
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They will review the entire application with you question by question and make sure your answers are accurate to what you wrote down.

Post Bruen they should not care what your reasoning is and you have no obligation to give them one.

They will do your fingerprints and photo and process your application and tell you that you should receive it in the mail in a few weeks. (realistically two months.)

They will do a quick recap of the laws in a extremely vague manner, and tell you that you may only possess 10 round magazines or less.
They completely ignore the pre-ban aspect of Massachusetts law. They will also tell you about the assault weapon ban and any other stupid Massachusetts laws.

That is it and you should be in and out within 15 minutes of getting into the persons office.
 
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steve8140 said:
Post Bruen they should not care what your reasoning is and you have no obligation to give them one.
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Not entirely accurate. The AGO put out guidance post-Bruen stating that it’s still ok to ask why you want a license. They just can’t use that answer to deny you one for lack of a good reason. They can only use your answer to that question to help them determine if you’re a prohibited person or unsuitable.
 
Joeldiaz said:
Not entirely accurate. The AGO put out guidance post-Bruen stating that it’s still ok to ask why you want a license. They just can’t use that answer to deny you one for lack of a good reason. They can only use your answer to that question to help them determine if you’re a prohibited person or unsuitable.
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There is no suitability clause in the law for the non-res LTC. It does say May issue but I think Bruen killed that.
 
steve8140 said:
They will review the entire application with you question by question and make sure your answers are accurate to what you wrote down.

Post Bruen they should not care what your reasoning is and you have no obligation to give them one.

They will do your fingerprints and photo and process your application and tell you that you should receive it in the mail in a few weeks. (realistically two months.)

They will do a quick recap of the laws in a extremely vague manner, and tell you that you may only possess 10 round magazines or less.
They completely ignore the pre-ban aspect of Massachusetts law. They will also tell you about the assault weapon ban and any other stupid Massachusetts laws.

That is it and you should be in and out within 15 minutes of getting into the persons office.
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I just did my interview a month ago. They only asked me a couple of questions like what my address is and did I have a Mass. resident license before moving out of Mass. That was about it. Photo, prints and "you'll get you license in 60 days."
 
42! said:
There is no suitability clause in the law for the non-res LTC. It does say May issue but I think Bruen killed that.
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FRB v. Simkin says that suitability does apply to nonresident LTCs. FIREARMS RECORDS BUREAU vs. SIMKIN, 466 Mass. 168

“We granted Simkin's application for direct appellate review to consider whether the "suitable person" requirement set forth in G. L. c. 140, § 131, applies to temporary nonresident licenses issued pursuant to G. L. c. 140, § 131F. Although we conclude that it does, we also conclude that in the absence of regulations further defining unsuitability, no reasonable ground existed to revoke Simkin's license.
 
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Joeldiaz said:
FRB v. Simkin says that suitability does apply to nonresident LTCs. FIREARMS RECORDS BUREAU vs. SIMKIN, 466 Mass. 168

“We granted Simkin's application for direct appellate review to consider whether the "suitable person" requirement set forth in G. L. c. 140, § 131, applies to temporary nonresident licenses issued pursuant to G. L. c. 140, § 131F. Although we conclude that it does, we also conclude that in the absence of regulations further defining unsuitability, no reasonable ground existed to revoke Simkin's license.
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Hmmm, that's an interesting interpretation they have there, it does appear that I was technically correct but still wrong, got to love MA law. But the finding that 140s131 covers all LTCs and 131F is essentially in addition to that, would bring along with it
The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such license shall be issued unless the colonel has certified, in writing, that the information available to him 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.
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To the non-res process.
And
(i) A license to carry or possess firearms shall be valid, unless revoked or suspended, for a period of not more than 6 years from the date of issue and shall expire on the anniversary of the licensee's date of birth occurring not less than 5 years nor more than 6 years from the date of issue;
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So apparently that case makes the issuance on a non-res SHALL (is required) to be 5-6 years. But this is in direct conflict with the supposedly additional requirements of 131F
Such license shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary.
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This leave us with 2 possibilities, either the court got it wrong in Simkin and the conditions of 131F stand separate from those under 131, or 131 does hold and the lifetime of the license in 131F is in error, as it is clearly defined in 131.

You can't have it both ways. I think it could have been argued that since the lifetime of the different licenses is defined separately, then clearly the legislature intent was that the sections be independently applied separately to the 2 different license types otherwise the law is in conflict with itself.


But more importantly, who is going to take the state to court for missing the 40 day deadline on a non-res LTC given that Simpkin makes it clear that deadline applies.
 
42! said:
But more importantly, who is going to take the state to court for missing the 40 day deadline on a non-res LTC given that Simpkin makes it clear that deadline applies.
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Bigger fish to fry tbh. Nonresident LTCs are about to be done away with anyway with the new bill currently pending in the legislature.
 
Joeldiaz said:
Bigger fish to fry tbh. Nonresident LTCs are about to be done away with anyway with the new bill currently pending in the legislature.
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Does the bill actually say no non-res LTCs or is it merging res and non-res? Eliminating non-res completely, without reciprocity, would never stand up in court.
 
42! said:
Does the bill actually say no non-res LTCs or is it merging res and non-res? Eliminating non-res completely, without reciprocity, would never stand up in court.
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it completely kills off nonresident LTCs unless you’re part of an exempt class of enumerated individuals. 1704975902681.png

No reciprocity. Don’t be surprised about what will be allowed to stand up in court, especially here in MA where every single judge is vehemently anti-gun. Only way things get better here is with SCOTUS intervention.
 

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