application question?

redsoxfan1

redsoxfan1

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I just handed in my ltc app., and one of the questions on the form is have you lived in another state other then MA. I was told that because I did not vote, pay taxes, or change my drivers license over that I would not be considered a resident of another state, all though about 8 years ago I stayed in RI for first apt. very briefly. I am just nervous because I am banking on a legal definition. I have nothing to hide, but like I said, I was told that it was not neccesary to list. Can any one tell me if there is a website that I can see with my own eyes that describes the definition of resident? And if I am wrong then I will have to make the change before my info gets sent out.
 
RedSoxFan, you have to chill man. I know how important this is to you, I can just feel it, but don't get all stressed out. I wouldn't worry that you spent a bit of time in RI. You never changed legal residence that I can see.

Try to relax and let the process work. You submitted your application, if you have a clean record, you should have a permit within the legal time.

If you start getting nervous about it, for instance start calling to check on the license, you'll just make them wonder what you're worried about.
 
N. Attleboro is a pretty green town, don't worry a whole lot. Maybe a brief discussion with your basic firearms saftey instructor wouldn't hurt. I hear he is pretty familiar with the town.
 
Sorry to be the one to pour cold water on this, but I do NOT agree that "this is no big deal" and just ignore it. Lies usually have a way to trip people up.

The common use term "resided" (exact wording is "Other than Massachusetts, what other state, territory or jurisdiction have you resided in?") means "where did you live". It matters not that you didn't vote there, have a DL, pay taxes, or attend ball games there.

In common parlance, if you go to college in NY for a year or even 1 semester, you MUST answer this question by putting NY down there. For instance MA has some weird law whereby if you "move here" to go to college but lived in another state prior to college, you can NOT be considered a MA resident for tuition purposes (UMass). College students normally do NOT take up residency where they go to college, but remain residents of their "home state". HOWEVER, you still must answer this question with the info on the state you lived in while attending college.

Furthermore, you signed that form "under the pains and penalties of perjury". Loosely translated, you lie on the form and you can be denied on the basis of committing perjury and you are subject to criminal prosecution!

My advice (IANAL) is to fess up and submit a letter to the Licensing Officer explaining that you realized that RI should have been added but neglected to do so since you were there for a very short period of time (I'd specify from and to dates in this case), never got a RI DL, voted, changed address, etc. (if appropriate) and wish to amend your application accordingly.

Although I've never asked, I suspect that the reason for the question is that the Licensing Officer would then request a BOP (Board of Probation) check for each state that an applicant lived in as part of the background investigation.
 
+1 what Len says. What harm is there in telling the truth?
I've said it before and I'll say it again, they aren't looking to issue you a permit, they are looking to deny you.
 
+1 for Len and Jon...They will be looking for reasons to deny you a license. As long as there's nothing to hide, there's no reason to not include the information. I know you didn't mean to not include RI, but something like that can catch up to you. I don't know what your relationship with Murphy is like, but I almost always run into Murphy's Law, so I'm always making sure my ass is covered. Can't hurt, right?
 
OP says "...all though about 8 years ago I stayed in RI for first apt. very briefly."
It was more than a vacation and it obviously came to his mind (red flag) when he read the "Have you ever lived in another state" question.
How can it hurt if answers in the affirmative?
 
JonJ said:
OP says "...all though about 8 years ago I stayed in RI for first apt. very briefly."
It was more than a vacation and it obviously came to his mind (red flag) when he read the "Have you ever lived in another state" question.
How can it hurt if answers in the affirmative?
Click to expand...


Honesty beats perjury every time!
 
If you signed a lease for an appt, the intent was NOT "for a short time". Regardless of what happens to turn it into a short time or not.

Small personal example:

- I left GD/EB in Groton, CT in December 1973 for Raytheon in Waltham, MA. My Wife stayed in Groton to finish up the school semester as a teacher in Westerly, RI until New Years Eve. We signed a lease in December for an apartment in Waltham, MA starting Jan 1, 1974. For the month of December 1973 I stayed in a motel at Raytheon's expense . . . I was not a resident of MA. As of January 1, 1974 I became a MA resident when I moved into our apartment (with a 1 year lease) in Waltham.

- Mid-January I received a call from SupShips (US Gov't, Supv. of Shipbuilding) in Groton, CT asking if I was interested in working for them! I would have loved the opportunity, but since we had moved and my Wife gave up her job (she also recommended someone who was hired as her replacement), I explained that had they called a month earlier I would have grabbed at the opportunity and passed on this job.

- IF I had taken the job back in CT as of Feb 1, 1974, I STILL would have had to report Waltham, MA as a "residence" in my life! I would have only lived there for a few weeks to 1 month at most, but that is irrelevant . . . it was still one of my states of residence!

Be honest and humble, you'll find out that it pays off thru life. You'll probably earn more brownie points if you do it now than later (or if they find out and you didn't tell them, you are screwed)! If you thought that they were reasonable during the interview, your coming forward immediately afterwards is NOT likely to hurt you.
 
LenS, JonJ, Dreppucci, I was not suggesting he lie. I saw it as an oversight that he didn't realize was important until after the fact of turning in the application. I didn't get the sense he meant to overlook it, though that certainly may be one of the reasons he's so up-tight about this whole application and has been worrying it to death.

My experience has also been to be up front about issues. You know that most times problems can surface, but if you have told officials ahead of time, it can be less damaging.

I know one person who had a "minor" arrest for possession of a 22 back in the late 60's just after the Bartley-Fox bill was passed. It comes up every time they try to renew or buy a weapon. They have explained it to their Chief of Police, and gotten a court decision to show it was a misdomeanor. It still comes up though. For 30 years they have been telling police and others, beforehand that this will come up. Sure beats trying to explain it afterwards.

I didn't mean to imply any deliberate fibbing, as you said, little lie, big lie!

edited for some spelling
 
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This thread illustrates the danger of getting answers to your firearms application questions from even well-meaning amateurs.

Even a man or woman who is a sworn officer can be dead wrong about how to properly complete an MA LTC application.
 
Depicts, no way did I mean to imply that you suggested he lie. What I wanted to be understood is that the licensing authority would deny him "because he lied" if they deemed that he did live in another state and failed to declare it.
 
SiameseRat said:
but you didn't answer the question...
Click to expand...


Yes, I did.



But, for you, kind lady, I will be more direct.

A correct answer for redsoxfan is that she should correct her error, and reveal on her app. that she has formerly resided in RI. (I'm merely guessing as to gender)
 
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Quote:
2) If you do not declare residency and you were only there "briefly" then what is the legal stance on whether or not he "lived" there?

Darius? Keith? Answers on that one?

__________________


He said he had an apartment. Without knowing any additional facts, that sure sounds like residency to me.

SR, I believe this answers the question -- again. [wink]
 
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JonJ said:
Depicts, no way did I mean to imply that you suggested he lie. What I wanted to be understood is that the licensing authority would deny him "because he lied" if they deemed that he did live in another state and failed to declare it.
Click to expand...

+1 Same here.
 
I will be making a call and amending it tomorrow. Like I said, I have nothing to hide, and I spoke with someone else that said I did not have to list this because the law did not recognize me as a resident. I now know that I was wrong, and I hope that this does not bite me in the ass. I will just tell the officer that I called a RI dept. and that they told me that since I did not vote, pay taxes or change license that I was never a resident. Did not mean to purposely falsify, but I thought that my resource was reliable. I'M SCREWED[sad] . If I can't trust one pd to give me right info, then who can I trust?
 
You'll shortly learn not to trust any PD for legal info! They are NOT lawyers. When you need legal definitions, the only safe bet is an attorney.
 
application questions part 2 (HOPE YET)

[grin] Straight from the RI law book.."NON-RESIDENT:domicle is found to be a place an individual regards as his or her permanant home-the place to which she or he intends to return after a period of absence. A domicile, once established continues until a new fixed and permanent home is acquired. No change of domicile results from moving to a new location if the intention is to remail only for a limited time even if it is for a relatively long duration. For a married couple, normally both individuals have the same domicile. Any person asserting a change in domicile mush show: An intenet to abandon the former domicile, an intent to acquire a new domicile and actual physical presence in a new domicile." always used for all legal purposes parents address which has never changed. Have stayed there when needed from time to time, so still technically resident. Personally figured I would switch everything over when buying house. So did I legally answer the question correctly?
 
I think that you'll find that EOPS "interpretation" of what they mean more closely fits what I stated a few replies ago. They are looking for info to use to check your background, as well as to judge your honesty in answering the questions.

Your RI definition can be used in an explanatory letter to the chief/licensing authority to explain what you did, but my advice is still to PUT IN WRITING (don't call) what you did, that it might not be what they were looking for, your belief that you were telling the truth (info you posted might help here) and that you did live in RI from <date> to <date>.

Doing this will likely bolster your position as being absolutely honest.

If you ignore it and somehow they find out, you'll find yourself in a potentially losing battle trying to defend yourself with the RI definition.

Better to be pro-active than re-active!
 
If I can't trust one pd to give me right info, then who can I trust?
Click to expand...
As Len said, you can trust a competent attorney. Don't trust the police. Don't trust anonymous people on an internet forum like this. I strongly agree with Len about putting it in writing. Do not call. I also strongly suggest that you have your letter reviewed by an attorney familiar with firearms law prior to sending it.
 
I agree... not to rain on your parade, but basically this could be concidered an area for concern as to why wouldn't you just put it on their.

Living in RI for 8 year surely wouldnt DQ you, so why leave it out?
 
matt1956 said:
I agree... not to rain on your parade, but basically this could be concidered an area for concern as to why wouldn't you just put it on their.

Living in RI for 8 year surely wouldnt DQ you, so why leave it out?
Click to expand...
I only left it out, because I was trying to be acurate and truthful. When I was told that I was never considered a resident, then it would have been purjury for me to say that I was.
 
hard part is they make these things so dang stressful to fill out in the fisrt place that we have to spend weeks looking up crap like that to make sure we give them the answers that they are looking for :/
 

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