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Physician's letter for FID/LTC? Really?

My brother is applying in Methuen now.....using an attorney due to an old nh misdemeanor dui. The attorney office gave him a list of documents to submit.....a dr note was not on the list.
I know someone with an out of state OUI who got unrestricted LTC-A in Methuen under Soloman. He's concerned about his upcoming renewal in June. Solomon is/has retired after getting suspended.
 
I know someone with an out of state OUI who got unrestricted LTC-A in Methuen under Soloman. He's concerned about his upcoming renewal in June. Solomon is/has retired after getting suspended.
I heard a out that mess with Solomon.

He may want to get a lawyer if he's hearing rumors of bullshitery. My brother's fee is $950.
 
I heard a out that mess with Solomon.

He may want to get a lawyer if he's hearing rumors of bullshitery. My brother's fee is $950.
I don't think he has heard anything. Just not sure who is taking his place. When he applied, he met with the license office and requested a meeting with the chief. He explained what happened and had the court records with him. Solomon said he would approve if nothing else showed up. He's worried the next chief won't renew. He's already planning on getting denied and is planning on transferring the 2 guns he owns before his LTC expires. I will tell him to call a FIREARM attorney.
 
Personally, I would ignore the doctor's note requirement and let them ask for it specifically. It's not the law, they need to follow the law.

I have a squeaky clean record and would welcome some court time to prove my point, I understand some people just want to get on with the process. If no one stands up and says "NO" they will keep chipping away. What's next psych eval yearly? Marital counseling certificate to make sure you won't shoot your spouse?

This is not a REAL requirement it's a speed bump to prevent people from applying. If you are taking the trouble of a doctor visit for this are you really gonna tell him you have fantasies of shooting up a school? Its a complete waste of time.
 
Personally, I would ignore the doctor's note requirement and let them ask for it specifically. It's not the law, they need to follow the law.

I have a squeaky clean record and would welcome some court time to prove my point, I understand some people just want to get on with the process. If no one stands up and says "NO" they will keep chipping away. What's next psych eval yearly? Marital counseling certificate to make sure you won't shoot your spouse?

This is not a REAL requirement it's a speed bump to prevent people from applying. If you are taking the trouble of a doctor visit for this are you really gonna tell him you have fantasies of shooting up a school? Its a complete waste of time.
I agree with you on this. I also know that some chiefs have backed down on non-required BS when the applicant told them NO! We did it, so did a friend. And atty Keith Langer forced the hand of a local chief on the doctor's letter non-requirement and the threat of a lawsuit was adequate to change that PD's policy.
 
Wrt adults going for a FID instead of a LTC. It's a legit question as some mistakingly believe that the requirements and background checks for an FID are easier than a LTC . . . they are NOT.

Some still think that the FID is "shall issue" . . . and it is NOT. Very few judges would challange a denial for an FID and very few people (without a criminal history) ever get denied a LTC (unless they volunteer negative info about themselves).

So unless you are under 21, there is no reason not to go for a LTC regardless of what types of guns interest you.
 
Sounds like an atavism from 10-15 years ago. Most "Starbucks decaf chai latte" type of towns had it. My town did. It looks like a leftover from the old website.
Also, allow me to point out that no website, including mass.gov has a requirement to provide correct information. Even the Mass General Laws section of the mass.gov website is not a legally acceptable source. This is I always suggest picking up the actual application from the Police Department along with any printed materials they can provide you to assist with filing.
 
I see this (when it was enforced) as an attempt at an end run around HIPPA.
I may be wrong but I thought part of the background check was checking with the mental health department and seeing if they have record of the applicant being confined.
 
Which city/town will be the first to require proof of covid vaccination to get your license? Maybe an oath to not support right wing extremism?
 
So no one remembers the Obama rule making Social Security recipients who had someone else listed as managing their money into PPs?

"Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm. Current law prohibits individuals from buying a gun if, because of a mental health issue, they are ... unable to manage their own affairs."​

 
The other possibility of it is that website is an anachronism and it doesnt matter anymore. If thats the case it should be ripped
down.
4vl2ld.jpg


Also what is a “medical condition” that would preclude owning a firearm?
Anything the Chief of Police considers unsuitable.
Gnawed fingernails.
Red hair.
...

Does this not fly completely against the Americans with disabilities act? To lose a constitutional right due to medical condition? That is a high crime.
Mass law outweighs the ADA - that's only Federal law.
Mass law outweighs the US Constitution.
Gun ownership is a privilege in the PRM - not a right.

Thanks, you're totally right. I flipped them around in my head.
(TBH, I was shooting from the hip [shocked] ).

I see this (when it was enforced) as an attempt at an end run around HIPPA.
Mass law outweighs HIPAA - that's only Federal law.

Besides, what's to end-run?

Health Insurance Portability and
Accountability Act (HIPAA) Privacy Rule:
A Guide for Law Enforcement
...
What is the HIPAA Privacy Rule?​
The Health Insurance Portability and Accountability Act of​
1996 (HIPAA) Privacy Rule provides Federal privacy​
protections for individually identifiable health information,​
called protected health information or PHI, held by most​
health care providers and health plans and their business​
associates. The HIPAA Privacy Rule sets out how and with​
whom PHI may be shared.​
...​
Under what circumstances may a HIPAA covered​
entity disclose PHI to law enforcement?​
...​
A HIPAA covered entity also may disclose PHI to law​
enforcement without the individual’s signed HIPAA​
authorization in certain incidents, including:​
* To comply with ... an​
administrative request from a law enforcement official​
(the administrative request must include a written​
statement that the information requested is relevant and​
material, specific and limited in scope, and de-identified​
information cannot be used).​

I may be wrong but I thought part of the background check was checking with the mental health department and seeing if they have record of the applicant being confined.
Which mental health department?
 
I may be wrong but I thought part of the background check was checking with the mental health department and seeing if they have record of the applicant being confined.
my understanding is that mental health DOES NOT report to any database or respond to any such requests even if made. HIPPA
 
So no one remembers the Obama rule making Social Security recipients who had someone else listed as managing their money into PPs?

"Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm. Current law prohibits individuals from buying a gun if, because of a mental health issue, they are ... unable to manage their own affairs."​

of course we do
 
my understanding is that mental health DOES NOT report to any database or respond to any such requests even if made. HIPPA
Depends if you give them permission. The Maine non-resident application included a waiver granting them permission to dig into your mental health medical records.
 
A bunch of people from Methuen have posted in the "How long did your LTC take in your town" thread and noone has ever mentioned that requirement in Methuen.
 
I may be wrong but I thought part of the background check was checking with the mental health department and seeing if they have record of the applicant being confined.

Yeah but they don't give the deets of that to any authorities. DMH is literally a "yes" or "no" output just about, from what I understand.
 
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