LTC Just Received and some confusion A NEWBIE

[dagwag77]

your informed decision.....apparently wasnt informed. Sorry, but read above what Dagwag77 cited from Scrivener, who is a firearms attorney.

long story short: yes, your restrictions can stop you from legally carrying concealed. I dont know why you want to publicly admit to breaking the law.....

BA2 - it was informed. She was duly informed and knows that if someone in her PD doesn't like what shes doing, he LTC can be pulled. She still wants to carry as she said, and she is informed and knows the penalty. At least she knows what shes getting into. Although it is informed, you may not agree with her decision, thats what the issue is here.

Now, for the MGL on "breaking" your restriction:

http://www.mass.gov/legis/laws/mgl/140-131.htm

Section 131. (A) ... A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

Moral of the story, they tell you something, get it in writing. Count on the fact that they will conveniently "forget" something that puts their ass on the line. YOU ARE THE ONLY ONE RESPONSIBLE FOR YOUR OWN BEHIND!

 

[jenlynn724]

your informed decision.....apparently wasnt informed. Sorry, but read above what Dagwag77 cited from Scrivener, who is a firearms attorney.

long story short: yes, your restrictions can stop you from legally carrying concealed. I dont know why you want to publicly admit to breaking the law.....

I am not breaking the law.. I am informed, who I have been informed by is irrelevant, because I do not want others to make decisions for themselves based on what I have to say.. The local pd informed me, but I also went above them.. so thanks for accusing me of breaking the law...

 

[Raoul Duke]

No disrespect to either Raoul or Jen - if it was my ass on the line, as it is whenever YOU do something with a gun (carry, shoot, whatever, you are the only one responsible for what you do), I would check with a qualified ATTORNEY as to what best covers my bum. Again, no disrespect to Raoul since I agree with him here, but as far as I know he is not an attorney, and my freedom and my LTC are worth the time effort energy money to consult a lawyer. Scrivener (attorney) gave his "free advice" which I re-posted above. Seek him or another attorney (Cross-x, etc) out for more specific advice. Also, no disrepect to Police Officers or a Licensing official - they are not lawyers, and it is usually pretty clear they do not know the law usually half as well as well, they should. Also, they are not the ones arguing the case in court - a lawyer is. Which is why I would thank a cop for their advice, and still give my lawyer a call.

Jen - it sounds like you made an educated decision. Keyword = educated. thumbs up to your process. if you thought about it in the first place, it means you have substance to defend your decision (rather than saying its OK because some keyboard jockey on NES said its OK).

None taken. Not a Lawyer. Wouldn't pretend to be. My ONLY advice, is not to listen to anyone who isn't when it comes to legal advice.

 

[hunter46spring]

your informed decision.....apparently wasnt informed. Sorry, but read above what Dagwag77 cited from Scrivener, who is a firearms attorney.

long story short: yes, your restrictions can stop you from legally carrying concealed. I dont know why you want to publicly admit to breaking the law.....

Jen may not be breaking the law and by insisting she is you are merely contributing to the problem. If she was issued a LTC-A w/ a sporting restriction she may be entiltled to carry during all of these activities IT IS UP TO THE ISSUING AUTHORITY if they say she can then it is allowed ANYWHERE IN THE COMMONWEALTH (barring statutory prohibitions). I understand people wanting to err on the side of caution; but if she asked, was told, and then decided to practice that she has done nothing wrong and insisting that evil forces will send her away for ever simply plays into their hands

 

[kevin9]

Restrictions really are a gray area thus requiring some individual decision-making in some aspects. IMNSHO there's a certain arrogance in continuing to insist to someone that their interpretation of their restriction in this gray area is wrong, even illegal; particularly, when they have clearly stated that it's based on their interaction with their licensing authority, who is the one by law that determines what their restriction means.

 

[Bill Nance]

A lot of these laws are going to get challenged as time goes by and the regs on restrictions are probably the easiest because they a4re intentionally vague. Unless the COP has publicly posted exactly what they mean by the restrictions it's too vague for any reasonable person to know what's legal and what isn't.

Unsuitability is probably another one that will fall by the wayside eventually.

Heller didn't settle all these things but it opened a pandora's box for the antis. It's a lot like Roe v Wade in that it will open the door to more and more liberal interpretations by the courts as time goes by. (liberal in the literal, not political sense)

 

[Coyote33]

I would like to get a straight forward answer to the following question:
I have just received from my local Police Dept (who has an intrem chie...

When I got my LTC in the mail on it was the restriction of Target and
hunting
BUT was Class A with Large Capacity: (naturally I was expecting NONE for
"restriction"...I had taken and passed the course as required.

Here is where I am quite confused...May I carry my new 357 in a holster on
my person loaded or unloaded to the Range OR do I have to have a trigger
lock on it IF its in a holster on MY PERSON CONCEALED
...

Not sure on the rest of it, but I'm pretty sure a Class A would enable you to carry open when hunting or target shooting. Not sure about transporting on way to the range, but I'd say AT the range would be fine. I don't see the problem, as a .357 must be uncomfortable with a seat belt on anyhow.

Even a Class B will let you carry open, and in fact requires either open carry or locked up.

If you are really unsure, ask the licensing officer, or the chief, even if interim. You didn't mention what town. If you said the town, others might be better able to help you. Enjoy, and be safe.

 

[Maj. Boom Boom]

Repost of some good advice from an attorney.

http://www.northeastshooters.com/vbulletin/showthread.php?p=24364

OK i received the following with my LTC (Sporting). As you can see the last line says "includes travel to and from activity location" So as i read it i would be fine carrying to and from any of the named activities, Correct? I emailed my pd a couple of months ago for clarification but never received a reply - maybe i should just go see them.

 

[jar]

This whole mess is why Ron Glidden advises chiefs to issue unrestricted LTCs. That way none of these arguments have to happen.

 

[dagwag77]

This whole mess is why Ron Glidden advises chiefs to issue unrestricted LTCs. That way none of these arguments have to happen.

life sure would be simpler that way, but not too many departments are taking Chief Glidden (Lee PD)'s advice.... its going to have to come from above, and not be advice for anything to change

 

[Jaxon]

"Do pimp-daddy grips make you more popular with the ladies?..."

Do they, and where can I get some?

 

[jar]

life sure would be simpler that way, but not too many departments are taking Chief Glidden (Lee PD)'s advice.... its going to have to come from above, and not be advice for anything to change

Depends where you live. Near Boston, you're absolutely right. Away from Boston, it's mostly just the cities and a few random towns that aren't green.

 

[dagwag77]

Depends where you live. Near Boston, you're absolutely right. Away from Boston, it's mostly just the cities and a few random towns that aren't green.

Yes, but they were always green, and hopefully will always stay that way, regardless of Chief Glidden's advice.