LEO purchases and transfers

[jdubois]

Yeah, I wasn't saying that off-duty MA cops couldn't or didn't carry off-duty without an LTC, just that 131G wasn't a good rational for it.

 

[Len-2A Training]

Yeah, I wasn't saying that off-duty MA cops couldn't or didn't carry off-duty without an LTC, just that 131G wasn't a good rational for it.

The words "any state" in the quoted law could be used (by a good attorney) to show "intent" of legislation . . . that resident officers not be treated worse than NRs.

Just as a side diversion, there are numerous MA LEOs who do not reside in MA. Up to now, they have been getting (if they wanted to) NR LTCs that expire annually. As of October 1st, new law allows employing agency to issue to all their officers, no matter where they live. Per previous posts, MSP seems to have been doing this (illegally, since there was no provision of law allowing it) for years.

 

[jdubois]

However there have been two documented cases wrt LEOSA to date

Both being unsuccessfully prosecuted by the state of NY. Gotta love that state.

The words "any state" in the quoted law could be used (by a good attorney) to show "intent" of legislation . . . that resident officers not be treated worse than NRs.

Agreed, that is a possibility, however even if you successfully argue that point (which you may or may not pull off), you still have to show that the officer was otherwise authorized by MA to carry. You could then attempt to use C 41 S 98 to do that, but then why even bother with S131G? Just start with S98 from the beginning.

 

[Len-2A Training]

Jeremy,

I had both resources stored in different locations.

LEOSA really refers to NRs and I was addressing that ANY US-based LEO could legally carry in MA for a ton of years pre-LEOSA.

C. 41 S. 98 addressed your issue of MA LEOs.

 

[Half Cocked]

You could then attempt to use C 41 S 98 to do that, but then why even bother with S131G? Just start with S98 from the beginning.

FWIW...C41s98, when dealing with NR LEO's only applies to being on official business while in the commonwealth.

 

[mark056]

May be a little OT, but:
Believe it or not, there are known cases when Newton PD issued a RESTRICTED Class A LTC to a state trooper. Go figure

All Massachusetts State Police sworn personnel are issued a LTC A by the Mass State Police. The Colonel of State Police is authorized to issue resident LTC's.

Do not however, think that as a civilian who lives in a red town, that you can apply for a license through the State Police. While technically it might be legal (I have heard and read several different interpretations) it will not happen and you will be directed to apply for a license through your local CofP.

Mark L.

 

[mark056]

I don't know how many years is your "many years", but I quoted the state trooper I personally talked to, and who has been issued the restricted license. I don't believe the guy had any reason lie to me. So I would be a little cautious to post a statement like "100% false" without knowing all the details. And why "is it done to avoid the above situation" if the problem did not exist in the first place?

The Mass State Police has being doing this for at least ten years (the amount of time I have been employed by them).

Mark L.

 

[jdubois]

I was addressing that ANY US-based LEO could legally carry in MA for a ton of years pre-LEOSA.

Yes, no argument there. It's just applying what are supposed to be NR laws to MA resident LEOs that I was saying gets murky. LEOSA is even murky as to whether it applies to resident LEOs or not. I'd say it does, but I wouldn't swear to it.

 

[Len-2A Training]

Yes, no argument there. It's just applying what are supposed to be NR laws to MA resident LEOs that I was saying gets murky. LEOSA is even murky as to whether it applies to resident LEOs or not. I'd say it does, but I wouldn't swear to it.

Keep in mind that this is MA!! The US Constitution and even other court rulings can be safely ignored if it fits the political purpose!

I would not take any bets that a DA or judge in MA will fairly interpret any law (wrt deciding to prosecute vs. no-bill) when it involves guns and a basically law-abiding person (LEO or not).

 

[ztp]

All Massachusetts State Police sworn personnel are issued a LTC A by the Mass State Police. The Colonel of State Police is authorized to issue resident LTC's.
Mark L.

They also issue to retired State Police personnel.

 

[Palladin]

Interesting read.
In the late 60's when my father was on BPD, we lived in East Boston. A new regime came in as commissioner; dad went to get his LTC renewed in Boston, he was refused and told 'we give you a badge & a gun, you don't need any others'.

We moved to Winthrop a month later.

 

[Len-2A Training]

Interesting read.
In the late 60's when my father was on BPD, we lived in East Boston. A new regime came in as commissioner; dad went to get his LTC renewed in Boston, he was refused and told 'we give you a badge & a gun, you don't need any others'.

We moved to Winthrop a month later.

Yup, sounds about right! That's why most LEOs can't get their chief to sign off to buy something "off list" or if a dealer demands a signed department letter.

I don't think that Chief Dave Rice was a hard-ass about permits . . . actually I know a couple of people who got unrestricted LTCs from Dave back in the late 1960s-1970s. At least that was the impression I had of him. I used to see Dave usually twice a month at police association meetings, until a year or two before he died. His nephew manages a gun shop/range, Delray Shooting Center Inc in Delray Beach, FL. Huge sign on back of building abuts I-95 and I stopped in there a few years ago when we were on vacation.