LTC app: reserve your rights?

[Coyote33]

What do people know about "reserving your rights"?

Here is some correspondence from somebody a while back from somewhere else:

Have you reserved your rights upon filing an application under
c.180?

If you sign the application forms without reserving your rights,
should the information on that form be unlawfully used or
stolen, you will have no standing in court in which to seek
redress of rights, because you didn't reserve them!
Some 200,000 military personnel had their most personal and
private of information stolen from some company out west.

Do you give the police your Social Security number on the
application or your fingerprint forms? Why?

If the information is stolen off your application and used
to create false ID's and the such, after it is stolen,
it is too late to reserve your rights!

In the first place, I can't figure out why you have to surrender
personal information to receive an LTC?
If you apply for an LTC, and no one with your name is on NICS,
why does the Criminal History Systems Board need to keep it in
the first place? Why don't they just destroy it?
What has the retention of YOUR personal information done to stop
or prevent a single misuse of a gun by a criminal? Sounds like
they keep the info just to make work and to justify the jobs of hacks!

You may want to generate a letter and send it to your local
Licensing Authority, notifying them, that you reserve your right
to seek redress should your personal information be stolen off
your application, and that if c.180 is found to be unconstitutional,
you will hold the Licensing Authority personally responsible and
liable for all damages. Remember, it is a rule of law, that no
public servant can do that which is unconstitutional.
But, you must reserve your right to seek redress of grievance.

See this case:
"Supervisory liability may be imposed under Title 42, Sec. 1983,
when an official has actual or constructive notice of
unconstitutional practices and demonstrates 'deliberate
indifference,' by failing to act."
MERIWETHER v. COUGHLIN, 879 F2d 1037 (2nd Cir. 1989)

When you send that letter reserving your rights, you will be
giving the Licensing Authority 'constructive notice', that you
have some concerns over c.180 and that you are now reserving
your rights to take action should you be legally injured by
misuse of your personal information retained by the CHSB,
or anyone who acted to obtain same.
Be sure to send a copy to the CHSB too!

"How do you reserve your rights?"

You state it in writing on the document you are submitting.

"Reserving all rights"

Do this just above your name. This incorporates this right into the body
of the document, and then reserves your right to challenge the conditions
of the document.

Read also MGL c. 106

Is any of this worth even considering? Or will it just cause problems? (I found it while looking for something else.)

 

[Scrivener]

Sounds like it was penned by a certain Stoughton resident..............

I have expressly reserved rights in cover letters for apps where crap NOT required was nonetheless provided; i.e., "letters of reference" and similar drivel.

Merely scribbling it on the app w/o a reference to why is not likely to achieve any beneficial results.

 

[KMaurer]

Is any of this worth even considering? Or will it just cause problems? (I found it while looking for something else.)

Just take a look at what it did for the person advocating it.

Ken

 

[Coyote33]

Just take a look at what it did for the person advocating it.

Ken

What DID it do? I guess I never heard. It just struck me as odd that someone would add their own wording to the application.

 

[Len-2A Training]

The person who did it was denied since he "modified" the application form, he raised a stink, was told to leave the PD, refused and raised a fuss so they arrested him for criminal trespassing, etc.

He alleges that it cost him $20K to defend himself on the criminal charges, which eventually were dropped (he told me this directly). Judge refused to expunge his arrest record, so he goes thru life having to explain it.

Last I knew he was suing everyone and his brother in the matter and couldn't even get anyone to legally serve the papers. [I refused him, so did a few other Constables and the Sheriffs Dept. He was suing the judge, which you can't legally do to a sitting judge in MA . . . so if any Constable/Deputy Sheriff served those papers they could be end up in legal hot water.]

Said individual is NOT someone you want to "take legal advice from" as he is his own worst enemy and claims to know Constitutional Law better than any lawyer or judge alive today! However, the "system" keeps proving him wrong.

---------------

Now to the actual topic behind this . . .

- If you had to "reserve all your rights" on forms in order to sue, lawyers would all be bankrupt street-people!

- People sue and get sued for infringements, damages, etc. all the time and I can almost guarantee that 99.9999% of them never "reserved their rights".

- A basic problem when you sue a gov't body is that it is very difficult to win and collect.

* They have essentially unlimited funds to pay legal fees.
* Judges frequently bend over backwards giving gov't the benefit of doubts that would never fly for a mere citizen.
* Once judgments are issued against a gov't, the gov't usually wraps it in such red tape that it takes nearly forever to get the money . . . if they ever pay at all.
* Retribution is illegal, but a very real reality especially when dealing with LE. You never really want to get on their bad side, they have a very long memory and the Thin Blue Line is very real at coming together to "protect their own" whether right or wrong.

 

[Len-2A Training]

Mod Hat On!

This was cross-posted in another thread that was not really appropriate for discussion.

Therefore, I moved those posts here and anything further on this should be discussed HERE.

Thanks.
The management

 

[Rob Boudrie]

One other point this legal scholar did not understand: If you are facing a minor charge that is going to be CWOFed or otherwise handled as a minor issue, do NOT spend you time prior to final disposition reminding the police how you are going to sue them. This resulted the prosecution objecting to the "standard deal" and the case going to a trial which is why there was opportunity for substantial legal fees.

 

[Scrivener]

Note that the luminary in question basically shut down a Mass. firearms digest because his tedious, repetitious and wholly erroneous rants drove everyone else from it.

Ever hear the admonition about free legal advice being worth what was paid for it? In his case, it's overpriced.

 

[Len-2A Training]

Scrivener speaks the truth here!

And such behavior will NOT be tolerated here. NES is much too good and valuable a community to get deep-sixed by such rants as we experienced on MAF!

 

[Coyote33]

Well, that and all the spam messages that started coming in, plus a heap of libertarian stuff. All that was missing was Tom Cruise and company.