F.I.D. Run around..

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O.K... So I applied October 10th,2013 . I was told right out of the gate that my L.T.C. would be denied due to
prior 209a history,But that I should go for an F.I.D as well as she knew that she could not denie me that.
She asked for a medical affidavit as well ,which I provided.I met with the chief over a week ago..The chief said that if I were to provide another copy of of the medical affidavit,he would have the Sergent issue My F.I.D...She will not return my calls..What would be the next step?I am not Happy![angry]
 
Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

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Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

Were you committed to a mental institution? That is the only reason the PD can impose the medical affadivit requirement for an FID. If not, once again, it's time to contact Comm2A.
 
Unfortunately, they dragged it out too long for you to appeal in court.

A constructive denial happens 40 days after you apply and they don't respond. That was November 19. From that point, you have 90 days to appeal in court (Petition for Judicial Review). That expired 2/17/14.

You can cough up another $100, file a new application, and sue the chief in 40 days, or you can wait it out.
 
Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

- - - Updated - - -

Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

Were you committed to a mental institution? That is the only reason the PD can impose the medical affadivit requirement for an FID. If not, once again, it's time to contact Comm2A.

His case was in the news and has been discussed here before.
 
I was never convicted of anything,Nor did I ever violate a 209a...I will contact com.2a//Thank you!
Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

- - - Updated - - -

Is your 209A history "clean" (ie, no criminal convictions, evidence of violation thereof, in the not too recent past, etc.). If so, please let Comm2A know the details.

Were you committed to a mental institution? That is the only reason the PD can impose the medical affadivit requirement for an FID. If not, once again, it's time to contact Comm2A.
 
When I read these articles I find it very scary how the police will latch onto any little mundane detail and inflate it to serve their purpose... To jam you up.
 
O.K... So I applied October 10th,2013 . I was told right out of the gate that my L.T.C. would be denied due to
prior 209a history,But that I should go for an F.I.D as well as she knew that she could not denie me that.
She asked for a medical affidavit as well ,which I provided.I met with the chief over a week ago..The chief said that if I were to provide another copy of of the medical affidavit,he would have the Sergent issue My F.I.D...She will not return my calls..What would be the next step?I am not Happy![angry]
Mistake #1: Providing the medical certificate. You should have applied for the FID and waited 40 days. Then go to court. Have the judge ORDER her to issue it. If not, return to court for a Supplemental Process hearing. Take the judgment to the Sheriff for enforcement. If she ignores the Sheriff, return to court and go for a contempt order. At this point, she has two choices: issue the "shall issue" FID in accordance with state law and the court order or be held in contempt and face incarceration. Her choice!
 
Mistake #1: Providing the medical certificate. You should have applied for the FID and waited 40 days. Then go to court. Have the judge ORDER her to issue it. If not, return to court for a Supplemental Process hearing. Take the judgment to the Sheriff for enforcement. If she ignores the Sheriff, return to court and go for a contempt order. At this point, she has two choices: issue the "shall issue" FID in accordance with state law and the court order or be held in contempt and face incarceration. Her choice!

Like a MA court would ever imprison a MA COP over failure to issue a license.
 
Like a MA court would ever imprison a MA COP over failure to issue a license.
A sheriff or constable could immediately arrest and handcuff the LO or COP and take him or her to court for violating a court order. What happens after that would be up to the judge. It would be amusing to see a LO or COP spend a night in jail while awaiting an audience with the judge the next morning, though!
 
the operative word is "could".....
Depends how far the judgment applicant wants to push it. If he/she has a judgment, he/she could take it to a sheriff or constable for enforcement, which would mean arrest and transportation to court. The COP or LO would then have to explain to the judge why the court order was violated. Very embarrassing at the very least!
 
Depends how far the judgment applicant wants to push it. If he/she has a judgment, he/she could take it to a sheriff or constable for enforcement, which would mean arrest and transportation to court. The COP or LO would then have to explain to the judge why the court order was violated. Very embarrassing at the very least!

Do you expect a Sheriff in MA would actually try and arrest a COP for this? Sorry, I'm just having a hard time with these concepts of "justice" and "MA" collide.
 
Do you expect a Sheriff in MA would actually try and arrest a COP for this? Sorry, I'm just having a hard time with these concepts of "justice" and "MA" collide.
It is called a capias arrest, if the defendant (in this case, the chief of police or the licensing officer) fails to appear. I am not sure if the sheriff has the luxury to decide which court orders he or she will or will not enforce. If the judge rules that a person will appear in court, then it is ruled. You WILL appear. The only choice is whether you go the nice way or the nasty way!
 
It is called a capias arrest, if the defendant (in this case, the chief of police or the licensing officer) fails to appear. I am not sure if the sheriff has the luxury to decide which court orders he or she will or will not enforce. If the judge rules that a person will appear in court, then it is ruled. You WILL appear. The only choice is whether you go the nice way or the nasty way!

Interesting. Still goes back to whether or not a MA judge would issue such an order in the first place, which is where this started. I don't think they would.
 
Interesting. Still goes back to whether or not a MA judge would issue such an order in the first place, which is where this started. I don't think they would.
Whether or not the actual arrest of the chief or the LO takes place is not important. It is the threat of the arrest and the consequences that they fear the most. If the court issues a ruling in favor or the FID applicant, then it definitely is in the best interest of the chief of police and the LO to comply with it. Judges do not take kindly to having their orders disobeyed.
 
That's asinine. **** chiefs who think they're kings and only their select few can carry firearms. Lying to citizens that pay for their salary is beyond comprehension. Good luck getting your FID and move the hell out of Newbury.
 
So I read the first article that came up about Mr. Balkus, and wowee, if it was all true then the likelihood of ever getting another gun license in MA is slim to none. Not making a determination on the case, I don't know him and wasn't there, but they sure frame it in a damning way.

http://www.newburyportnews.com/local/x845837193/Newbury-Man-with-home-arsenal-held-without-bail

How can the cops justifiably take 26k from a safe when money has nothing to do with the alleged crime?
 
How can the cops justifiably take 26k from a safe when money has nothing to do with the alleged crime?

The laws and the courts have screwed things up so much that having a "large" amount of cash on you is presumed guilt of drug or money laundering etc. and then you're on the hook to prove that it wasn't, turning the whole damn concept of innocent until proven guilty on its head.
 
The laws and the courts have screwed things up so much that having a "large" amount of cash on you is presumed guilt of drug or money laundering etc. and then you're on the hook to prove that it wasn't, turning the whole damn concept of innocent until proven guilty on its head.

That's garbage, and you know the PD will magically "lose" some or all of it too. Shit is safer in a bank, which is sad because it's not really safe there either.
 
ALL CHARGES WERE DISSMISSED AFTER A CWOF:I sure wish I had the DCF reports from that evening at the time..I never would have been pressed. All firearms were secured when I was taken into custody..It wasn't till 5 hrs later that I allegedly threatened her and the firearms became unsecured,,All while I was in custody and after they had insisted that she get a 209a..HUM??
So I read the first article that came up about Mr. Balkus, and wowee, if it was all true then the likelihood of ever getting another gun license in MA is slim to none. Not making a determination on the case, I don't know him and wasn't there, but they sure frame it in a damning way.



http://www.newburyportnews.com/local/x845837193/Newbury-Man-with-home-arsenal-held-without-bail

How can the cops justifiably take 26k from a safe when money has nothing to do with the alleged crime?
 
ALL CHARGES WERE DISSMISSED AFTER A CWOF:I sure wish I had the DCF reports from that evening at the time..I never would have been pressed. All firearms were secured when I was taken into custody..It wasn't till 5 hrs later that I allegedly threatened her and the firearms became unsecured,,All while I was in custody and after they had insisted that she get a 209a..HUM??

I had a CWOF case too, and while I have to disclose it (as you do likely) it's sad that a dismissed case can mean no LTC for you ever. I know an FID is "shall issue", but this state wouldn't surprise me with a way stripping you of that too.
 
Like a MA court would ever imprison a MA COP over failure to issue a license.

No chance in hell this would ever happen in MA related to issuance of any gun license. No MA judge would ever issue such an order.


A sheriff or constable could immediately arrest and handcuff the LO or COP and take him or her to court for violating a court order. What happens after that would be up to the judge. It would be amusing to see a LO or COP spend a night in jail while awaiting an audience with the judge the next morning, though!

Tom, you live in a dream world. Sure it "could" but it never "would"! No Deputy Sheriff or Constable in his/her right mind would ever take that paper and try to enforce it. I guarantee you that the police chief would have THEM locked up and file bogus charges against them . . . charges that might even stick given the "marsupial courts" that we have (as Rob Boudrie likes to call them).


Do you expect a Sheriff in MA would actually try and arrest a COP for this? Sorry, I'm just having a hard time with these concepts of "justice" and "MA" collide.

It would get ugly and the Sheriff would be on the short end of the stick. That is the "real world in MA".


It is called a capias arrest, if the defendant (in this case, the chief of police or the licensing officer) fails to appear. I am not sure if the sheriff has the luxury to decide which court orders he or she will or will not enforce. If the judge rules that a person will appear in court, then it is ruled. You WILL appear. The only choice is whether you go the nice way or the nasty way!

I have every reason to suspect that they do have the right to refuse the work and WOULD! I know that I do have that right and have refused a number of jobs that people (and gov't agencies) tried to give me, including serving capiases. I have served numerous lawsuits and Subpoenas on police chiefs, police officers, a mayor, corrections officers and the prison warden. I also refused to serve a lawsuit on a police chief, several officers and a judge and I pawned that plaintiff off on the sheriff's department . . . later I learned that the sheriff's department also refused to serve the papers for this person.

Also, I don't know how every sheriff's department handles capiases, but since I refused someone in Norfolk County recently, I looked up the Norfolk County Sheriff's Dept procedure and question the legality of how they do this. I have served capiases and arrested people, we got the papers, went out and arrested the person and brought them directly back to the court, we didn't send papers, wait weeks (which is why I question the legality of what I posted below) and hope they show up on their own. Read it for yourself. http://norfolkcivil.com/capias_services.aspx/

The Norfolk County Sheriff’s Office Civil Process Division is responsible for delivering process and papers. The Civil Process Division is also accountable for enforcing the decisions of the court. When the court has ruled in favor of the plaintiff against a debtor, but the defendant still does not pay what they owe, there are a number of things a plaintiff can do to claim the money they are owed. In addition to evictions and levies on personal property, the Norfolk County Sheriff’s Office enforces capias. Capias are issued through the court and demand that the defendant come to court in order to settle the debts that they owe the plaintiff.

Within five days of our office receiving a capias from an attorney, the deputy sheriff will mail a contempt of court notice, specifying the court, the hearing date, and the jacket number for the particular case. Within five days of this initial mailing, the first attempt at telephone contact will be made. The deputy will contact the defendant by telephone or leave a message communicating the nature of the complaint and the importance of showing up to the hearing.

If the defendant fails to show up at the first hearing, a new hearing date will be set. A second mailing will be issued, restating the nature of the case, the hearing date, the court and the importance of their appearance. A second phone call will also be placed.

If the defendant fails once again to show up at their hearing, a third and final notice will be issued and mailed. They will be informed that it is the third contempt of court notice issued. The deputy will phone a final time, and make an attempt visit the premise if possible, in an attempt to get the defendant into court. If these three mailings and phone calls should fail, the plaintiff has the option of filing a capias for physical arrest. For a ProSe, this fee is 500.00, for an attorney it is 300.00.
 
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