Bill filed to Extend LTC & FID Processing Time

[Brian E. Simoneau]

In order to give Massachusetts firearms licensing officials additional time to process License to Carry Firearms (LTC) and Firearms Identification Card (FID) applications, legislation has just been proposed to extend the processing period from 40 to 90 days by amending G.L. c. 140 § 129B. This extension is designed to afford licensing officials sufficient time to conduct the statutorily required criminal records checks and fingerprint searches for gun license applicants. State Representative Paul R. Heroux filed the bill on December 17, 2013. Download the proposed bill here (PDF).

 

[Palladin]

very good, but should have added in financial restitution to the applicant of $100/day for each day over 90.
the law still has no penalty, nor anyone to answer to

 

[DemonChronicles]

Pffft, that STILL would not help my buddy in Worcester that is into his 10th month of this waiting crime the chief there partakes regularly in.

the law still has no penalty, nor anyone to answer to

^THIS

Doesn't matter what amount of days they put into the legislation, it has no teeth and there is no penalty that can be enforced.

Mr. Heroux,

What is the point of your amendment to G.L. c. 140 § 129B?

Whether it’s 40 days, 90 days or 2 days, the law has no teeth and is completely un-enforceable. An applicant that has gone over the period has no one to turn to in order to get the issue resolved.

So please, enlighten me on the point of the amendment.

 

[EC1]

All that means is that it will take 180 days instead of the 80-100 days it does now. It just gives them more time to let things sit on someone's desk and collect more dust until they have to do something about it!

 

[Len-2A Training]

It should be indefinite . . . until you obtain your new LTC! That would unwad the panties of the dayladies who worry about running out of grace period and still having guns in their homes.

I met/spoke with Rep. Paul Heroux after the hearing Monday night and he gave me his card. I think I'll suggest that to him and make use of his Email address.

 

[PaulD]

So now your Constitutionally guaranteed right can be delayed that much more?

 

[ntomsw]

So now your Constitutionally guaranteed right can be delayed that much more?

In restrictive states, yes. And it will never change. Only get worse.

Looks like all those letters and emails sent to the AG recently did exactly what I said it would do. Now, they'll change the 40 day law to convenience themselves.

 

[PaulD]

In restrictive states, yes. And it will never change. Only get worse.

Looks like all those letters and emails sent to the AG recently did exactly what I said it would do. Now, they'll change the 40 day law to convenience themselves.

"Oh look at me! I moved to New Hampshire!"

Seriously, you don't need to post this crap in every thread pertaining to MA firearms laws. We get it.

 

[DemonChronicles]

In "MAY ISSUE" states, yes. And it will never change. Only get worse.

Looks like all those letters and emails sent to the AG recently did exactly what I said it would do. Now, they'll change the 40 day law to convenience themselves.

FIFY

 

[Len-2A Training]

So now your Constitutionally guaranteed right can be delayed that much more?

No PD ever sped up their applications due to worrying about blowing thru the 90 day grace period. It won't change anything on the ground. It will put some people who are waiting at ease as you now see ridiculous suggestions about doing transfers of everything before the 90 days runs out, etc.

In restrictive states, yes. And it will never change. Only get worse.

Looks like all those letters and emails sent to the AG recently did exactly what I said it would do. Now, they'll change the 40 day law to convenience themselves.

The AG and the Legislature are on equal but totally different levels (Executive and Legislative branches respectively) and it is extremely doubtful that they are even talking to each other. I expect that Heroux's filing has more to do with trying to put a band-aid on the problem that his constituents have complained about.

 

[PaulD]

No PD ever sped up their applications due to worrying about blowing thru the 90 day grace period. It won't change anything on the ground. It will put some people who are waiting at ease as you now see ridiculous suggestions about doing transfers of everything before the 90 days runs out, etc.

Maybe I'm reading this wrong but the bill gives the cops more time to procrastinate. It doesn't extend the grace period once an LTC expires.

 

[hv55maxx]

A$$holes. Completely expected of these clowns in office. Hey we suck, so were going to give ourselves more time to suck. And still not give ourselves a penalty for sucking

 

[DemonChronicles]

Maybe I'm reading this wrong but the bill gives the cops more time to procrastinate. It doesn't extend the grace period once an LTC expires.

My thoughts too LenS. I read the amendment too, and I didn't take it to have any effect at all on expirations or grace periods. I took it to mean the same as PaulD, that it just gives the LEO's a longer period to get things done (relatively speaking).

Are you interpreting it differently?

 

[ntomsw]

"Oh look at me! I moved to New Hampshire!"

Seriously, you don't need to post this crap in every thread pertaining to MA firearms laws. We get it.

I didn't say that. You just did.

I said poking the problem by sending a million emails to the state last week, did nothing. Did it??? Now, if this is passed, which it will be, it gives them even more leeway to procrastinate with your 'rights'.

When is enough, enough??

 

[PaulD]

I didn't say that. You just did.

I said poking the problem by sending a million emails to the state last week, did nothing. Did it??? Now, if this is passed, which it will be, it gives them even more leeway to procrastinate with your 'rights'.

When is enough, enough??

So then what are you advocating? Everyone in MA moves? Everyone in MA gives up and sells their guns or gives up and doesn't comply? Everyone storms the state house and occupies it?

We get it. The MA politicians suck in an extreme manner. However, if you're not going to be constructive or supportive, don't post crap that we already know. Nobody needs to hear "your efforts are futile" for the millionth time.

 

[Len-2A Training]

Maybe I'm reading this wrong but the bill gives the cops more time to procrastinate. It doesn't extend the grace period once an LTC expires.

My thoughts too LenS. I read the amendment too, and I didn't take it to have any effect at all on expirations or grace periods. I took it to mean the same as PaulD, that it just gives the LEO's a longer period to get things done (relatively speaking).

Are you interpreting it differently?

Apologies guys! I had not read the bill (until now) only basing it on what I THOUGHT I heard him say at the hearing. I still think that I'm going to suggest an open-ended grace period bill to him as well.

Scriv spoke about the 40-day law killing people's right to a court hearing since the 90-day court appeal clock starts on day-41. So the effect of this bill as written would be to give citizens 90 days BEFORE the 90 day appeal clock starts to run. Good but certainly not enough.

 

[ntomsw]

So then what are you advocating? Everyone in MA moves? Everyone in MA gives up and sells their guns or gives up and doesn't comply? Everyone storms the state house and occupies it?

We get it. The MA politicians suck in an extreme manner. However, if you're not going to be constructive or supportive, don't post crap that we already know. Nobody needs to hear "your efforts are futile" for the millionth time.

Stop complying. Maybe when all 300,000 gun owners can unite as 1 force, then they will understand.

 

[warwickben]

Lens ,
I don't have to worry about renewing for a few years .

But if your ltc expires before you get your new one comes in are you protected ?I never really looked in to it since mines only a couple years old. But I was reading little about it last night before I found this thread and got really confused .

Oddly my dad had to renew his last December in Wilmington and it came back in 2 weeks.

 

[DemonChronicles]

Stop complying. Maybe when all 300,000 gun owners can unite as 1 force, then they will understand.

So let me get this straight, you're advocating for non-compliance by everyone in MA, yet your approach was to pick up and run to NH??

Really?

 

[Len-2A Training]

Lens ,
I don't have to worry about renewing for a few years .

But if your ltc expires before you get your new one comes in are you protected ?I never really looked in to it since mines only a couple years old. But I was reading little about it last night before I found this thread and got really confused .

You are legally protected during the grace period (but usually hard to prove that you are entitled to the grace period, especially "on the side of the road"). Once that expires you are protected from Criminal prosecution by MGL. You are only subject to a civil fine, which no judge would ever levy anyway. However many here expect a No-Knock raid on Day-91 and get their panties all in a wad over the expiration of the grace period.

 

[warwickben]

You are legally protected during the grace period (but usually hard to prove that you are entitled to the grace period, especially "on the side of the road"). Once that expires you are protected from Criminal prosecution by MGL. You are only subject to a civil fine, which no judge would ever levy anyway. However many here expect a No-Knock raid on Day-91 and get their panties all in a wad over the expiration of the grace period.

So better to play it safe and not give a cop a reason to look at your ltc ?
I know that's a redundant statement btw .

Cool

 

[ntomsw]

So let me get this straight, you're advocating for non-compliance by everyone in MA, yet your approach was to pick up and run to NH??

Really?

That was my way of not complying.

I said **** MA and their laws, and we moved. Done.

 

[exo]

How on earth will this help anything? They aren't following the 40 day law now, why would they follow it if it said 90 days? They'll just drag their feet that much longer. And as for renewals, it doesn't do anything about extending the grace period.

 

[hv55maxx]

also, how friggin long can this background check be when they can make a phone call about a firearm sale and get instant feedback. its all about power, nothing more nothing less

 

[ntomsw]

How on earth will this help anything? They aren't following the 40 day law now, why would they follow it if it said 90 days? They'll just drag their feet that much longer. And as for renewals, it doesn't do anything about extending the grace period.

Exactly. They won't.

Now instead of it taking 90 days, it will take them 180.

These cities and towns need to be held accountable for what they are doing, and they aren't.

 

[DemonChronicles]

That was my way of not complying.

I said **** MA and their laws, and we moved. Done.

Sorry bud, that's packing up and getting out of Dodge (read: running away). That is/has nothing to do with not complying.

 

[PaulD]

Apologies guys! I had not read the bill (until now) only basing it on what I THOUGHT I heard him say at the hearing. I still think that I'm going to suggest an open-ended grace period bill to him as well.

Scriv spoke about the 40-day law killing people's right to a court hearing since the 90-day court appeal clock starts on day-41. So the effect of this bill as written would be to give citizens 90 days BEFORE the 90 day appeal clock starts to run. Good but certainly not enough.

I guess that's something, but I see it as not much. Few people applying for LTCs need to appeal but many people applying for LTCs are delayed. This does nothing to address the larger problem. Also, this means that people applying for their first LTC can be delayed that much more.

If you have an in with this guy, talk to him about the open ended grace period. That's far more useful.

- - - Updated - - -

Sorry bud, that's packing up and getting out of Dodge (read: running away). That is/has nothing to do with not complying.

As much as I don't want to hear Not Tom telling us how futile everything we do in MA is in every thread, I also don't want this thread turning into a pissing match about staying and fighting vs. leaving.

 

[DemonChronicles]

As much as I don't want to hear Not Tom telling us how futile everything we do in MA is in every thread, I also don't want this thread turning into a pissing match about staying and fighting vs. leaving.

Neil and I are good and I'm not trying to start that pissing match at all.

 

[ntomsw]

As much as I don't want to hear Not Tom telling us how futile everything we do in MA is in every thread, I also don't want this thread turning into a pissing match about staying and fighting vs. leaving.

You misunderstand me.

I'm trying to help. I just think it's 'convenient' to say the least, that this has happened AFTER all those emails where sent to the state 2 weeks ago.

 

[Len-2A Training]

I guess that's something, but I see it as not much. Few people applying for LTCs need to appeal but many people applying for LTCs are delayed. This does nothing to address the larger problem. Also, this means that people applying for their first LTC can be delayed that much more.

If you have an in with this guy, talk to him about the open ended grace period. That's far more useful.

- - - Updated - - -



As much as I don't want to hear Not Tom telling us how futile everything we do in MA is in every thread, I also don't want this thread turning into a pissing match about staying and fighting vs. leaving.

I would not expect a change to 90 days for PDs to act to have any change on how long one waits for their LTC. The PDs ignore such "requirements" with impunity, as there is no recourse and no penalty regardless (and there never will be either).

Scriv always wants people to appeal to District Court on Day 41, but other than lining an attorney's pocket with green I see no merit in it. Court costs to file a case are substantial (increased a few years ago, but I don't know the numbers), attorneys fees aren't chump change either, AND your actual court date will probably be AFTER you finally receive your LTC even if the LTC takes 6 months! Then the PD moves for dismissal as irrelevant and you are out extra money and didn't get anything for it. Very few people are outright denied and if so, you are usually notified relatively quickly not 6 months after you applied.

Paul, isn't Moderating so much fun . . . NOT!