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LTC reinstatement question
- Thread starter DSoM11
- Start date
Yes, but this does not prevent a PD from using the suitability guillotine on you. The IA/PD can basically do whatever they want. PDs have been known to play games even with people who are completely acquitted.
ETA: Have you told the licensing officer or whoever about your acquittal? If they're not douches, they'll probably give you your license back if you can show them that you've been cleared.
You need to be in touch with an MA gun lawyer if you're having these kinds of issues.
-Mike
ETA: Have you told the licensing officer or whoever about your acquittal? If they're not douches, they'll probably give you your license back if you can show them that you've been cleared.
You need to be in touch with an MA gun lawyer if you're having these kinds of issues.
-Mike
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If you have a lawyer (and if not you better get one) representing you on the charges that are pending, you might want to discuss this with him/her, and make sure when you are found not guilty on the charges the Attorney asks the Judge, in open court, on the tape, and in front of the Prosecutor, to direct the licensing authority to return your LTC.
I'd be calling Cross X if I were you,to represent you on any issues with your LTC.
Don't accept a CWOF as an easy way out without knowing the ramifications!
I'd be calling Cross X if I were you,to represent you on any issues with your LTC.
Don't accept a CWOF as an easy way out without knowing the ramifications!
Ok, the charges that led to the revokation of my LTC were dismissed due to lack of due process. I was never served a summons, which led to a warrent being issued, which I recieved in the mail out of the blue and took care of before I ended up with an arrest on my record. BUT.... the police department intends on RE-filing. Is it me or does this sounds unconstitutional? So, basically they screw the pooch, but get to do it all over again. But atleast I will get a Show Cause Hearing in which, if I'm lucky the magistrate will see this for the BS it really is.
Any advice from anyone similar experiance would be cool. But I'm mostly just blowing off steam.....
Any advice from anyone similar experiance would be cool. But I'm mostly just blowing off steam.....
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No. Since you were not tried and acquitted, this is not double jeopardy.
To give the hive a sense of what is going on, do you mind mentioning what the charges are?
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I was wondering how you made out with this. Good luck with the second go around.
Even if the charges get dropped permanently, my guess is that the police will use the "suitability" hammer and you are basically screwed. Best of luck, but I would not be expecting a good outcome.
This doesn't sound like the whole story.. Why were the cops in your car in your driveway?? I understand you might not want to spill your business all over the internet, but it just seems odd to me..
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He told the board before and we advised him to keep his mouth shut. Hopefully he will continue to heed that advice. Needless to say it would not have been a crime anywhere else.
Agree on all counts.
ok..I just can't see myself allowing a cop in my car without a warrant. I obviously can't see the whole picture here, but whatever happens, I hope a good lawyer is involved..
If a cop wants to get in your car, with or without a warrant, he's going to do so, whether you "allow" him or not. Furthermore, if he has probable cause, he doesn't need a warrant.
The fact that you didn't consent to the search simply means that if the judge determines he didn't have probable cause, then the evidence gets thrown out.
However, just because the evidence got thrown out doesn't mean that the chief can't decide you are not suitable for an LTC.
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When you hand the cop PC by speaking with him they no longer need a warrant. IIRC that is what happened here.
You missed my entire point..
And you missed mine.
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You need to discuss the LTC issue with your attorney, and find out:
(a) What are the chances of a disposition that is not a MA disqualifier?
(b) What are the chances of a disposition that is not a federal disqualifier (I'm not sure of the penalty of the offense, so I do not know if this is an issue)
(c) Is the offered deal a disqualfiier? [there is almost always an offered deal]
(d) If you turn down the deal and go to trial, is a conviction a disqualifier?
Realistically, the chances are you will be able to force the chief in your town to reinstate your LTC are somewhere between nonexistant to slim. Realistically speaking, damage control may consisting of making sure you are not forever banned from gun ownership at either the state or federal level.
Your best bet may be to take a CWOF if offered, and accept the fact that your chief may never issue you a new LTC.
(a) What are the chances of a disposition that is not a MA disqualifier?
(b) What are the chances of a disposition that is not a federal disqualifier (I'm not sure of the penalty of the offense, so I do not know if this is an issue)
(c) Is the offered deal a disqualfiier? [there is almost always an offered deal]
(d) If you turn down the deal and go to trial, is a conviction a disqualifier?
Realistically, the chances are you will be able to force the chief in your town to reinstate your LTC are somewhere between nonexistant to slim. Realistically speaking, damage control may consisting of making sure you are not forever banned from gun ownership at either the state or federal level.
Your best bet may be to take a CWOF if offered, and accept the fact that your chief may never issue you a new LTC.
ochmude
Marine Veteran
If this matter is still ongoing I'd seriously recommend going the STFU route as far as posting on a public forum is concerned. "Anything you say can AND WILL be used against you" regardless of whether you say it to the police post it online.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
If your car was searched without either probable cause, a search warrant, or your consent, anything found during that search is inadmissible in court. So if it was inadmissible the first time, it'll still be inadmissible the second time.
And I agree with everyone else here with regard to not posting here. We're not going to be able to tell you anything that a lawyer can't tell you, and you have confidentiality with a lawyer. If you accidentally confess to something on this forum, that would suck for you.
And I agree with everyone else here with regard to not posting here. We're not going to be able to tell you anything that a lawyer can't tell you, and you have confidentiality with a lawyer. If you accidentally confess to something on this forum, that would suck for you.
Maybe, but the point is that He wasn't somewhere else, He was here.
I hate some of the foolish gun laws they have in this state. But, the law is the law and I obey them. I find it hard to feel sorry for someone who doesn't.
Maybe. Maybe not. Presumably, the prosecutor will be making a different argument, and there will likely be a different judge. But even if the second case gets thrown out, that doesn't mean that the chief now has to reinstate his LTC.
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I wasn't so much excusing or explaining away what happened. My intent with that statement was to try and add context to the OPs situation without detailing it. I, and a bunch of us here, know the circumstances leading up to this kid's problems but me telling you on the internet is no better than him telling the story so I chose to try and place the charges into a context. That being the loaded gun in the car was not anything other than a storage issue peculiar to MA and frankly, barely that.
+1 for the common sense..
He was in the midst of a turbulent situation, tried to do the right thing, and made a bad decision. It is not my impression that leaving a gun in the car was his standard practice. It was an unusual situation. I do feel sorry for him.
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unfortunately i think you are screwed.
the law states that a loaded hand gun in a motor vehicle must be kept "under the direct control of the licensee." with no stated exemption as to the vehicle being on your property. so basically loaded gun in car and u out of car = broken law
and i definitely 2nd 3rd or 15th the idea that you should not post the details of the "offense" here where trolls can see it.
i hope it all works out for you...
on an unrelated note.. the supreme court decided today to take up the constitutionality of chicago's gun ban. they are reviewing the heller case to see if it should apply to all city and state laws.. I wonder if they will ever get around to looking at out AG's unconstitutional bullshit
the law states that a loaded hand gun in a motor vehicle must be kept "under the direct control of the licensee." with no stated exemption as to the vehicle being on your property. so basically loaded gun in car and u out of car = broken law
and i definitely 2nd 3rd or 15th the idea that you should not post the details of the "offense" here where trolls can see it.
i hope it all works out for you...
on an unrelated note.. the supreme court decided today to take up the constitutionality of chicago's gun ban. they are reviewing the heller case to see if it should apply to all city and state laws.. I wonder if they will ever get around to looking at out AG's unconstitutional bullshit
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Thats not necessarily true. It is perfectly legal to keep a firearm in the locked trunk of your vehicle.
