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Main Page upgrading A LTC
(Click here to view the original thread on the MassCops Message Board)

Posted by: masterb183

I currently live in Worcester and have been trying to upgrade my Class A LTC from "Sporting and Target" to "All Lawful Purpose". I recently joined the D.O.C but my Police Chief refuses to update my LTC. My question for anyone out there, short of hiring a lawyer, is there anyway to fight this ruling? I'm sure I'm not the only person in the state going through this right now. thanks.

Posted by: Delta784

You don't live in Quincy by any chance, do you?

Posted by: masterb183

No Delta, I live in the peoples republic of Worcester.

Posted by: pahapoika

G.O.A.L might be able to help.

http://www.goal.org/

as a heads up , retaining council will run about $1000

unfortunately we have had CTU officers move to another town to keep their LTC.

Good Luck

Posted by: SOT

Once a firearms ID or LTC is issued, there is no real method or procedure to upgrade it. You get a new one and again if issued, it's issued.
The legal "strength" and procedure is reserved for the non-issuance of a license.

Posted by: Dane

You might want to ask this question over on this forum:
http://www.northeastshooters.com/
There a lot of well-informed guys over there who are very helpful. They even have a thread that lists all the towns and the likelihood of residents obtaining different classes of LTCs.

Posted by: mpd61

You've got a class A LTC? Congrats you're good to go. The reason for issuance is not a legal "restriction". I'm pretty sure it's been decided by the SJC or some case law. Anybody help out?

Posted by: MJP18

I ran into the same issue. I had an unrestricted license (all lawful purposes) for approximately ten years and upon renewal Boston downgraded it to employment purposes. I contact FRB and they stated there is no legal recourse due to the fact that my license was not denied. They told me to check with the courthouse but basically stated there is not much I can do about it.

Side note if your caught carrying outside the restriction a Chief could revoked your license and state you are an unsuitable person because you didn’t follow the restrictions he put on it. You would probably win it back in court but be prepared for a long expensive battle. The Chief will not care either way because the taxpayers are footing his bill. Hope this helps.

Posted by: SOT

You are correct but you are also wrong.

In the old days (read last year or so) the wording was "reason for issuance". When it read as such, the answer was "a reason is not a restriction" it was proven in district court but never affirmed or denied at the SJC level (or so it seemed). So it was a regional precedence more than anything else.
Being the gun hating state that MA is, and for some reason GOAL actually endorsed this as the trade was more hunting rights or pistols allowed. I think they traded "reason" for some allowance of certain target pistols. Anyway now the law requires the language to state "restriction". It is actually a real restriction, and if you mess with it...you get in trouble.
Where GOAL (well not exactly their fault) let us down was they should have fought for "restriction" with a legal standing to appeal the restriction.

Quote:

Originally Posted by mpd61

You've got a class A LTC? Congrats you're good to go. The reason for issuance is not a legal "restriction". I'm pretty sure it's been decided by the SJC or some case law. Anybody help out?

Posted by: SargeLorenzo

Quote:

Originally Posted by masterb183

I recently joined the D.O.C but my Police Chief refuses to update my LTC.

My question is, does any of this even matter? As a C.O. he falls under LEOSA and doesn't need a LTC. Is the Chief even aware of this? As far as I see it, he can restrict all he wants, but, Fed law overrides it. Orrrr....am I seriously missing something?

Posted by: pahapoika

actually all our transportation officers had to go and get their own pistol permits because their take home sidearm was not covered by the state issued DOC permit.

at least one officer had to move to another town in order to obtain a permit and keep her job.

Posted by: SOT

End of the day it sounds nice but it will not work. try and pull a LEOSA in MA.
End of the day, no LEOSA would need an Class A if all they had was their duty firearm. But most departments MAKE you get your Class A and use that as a qualifier for the job, so effectively it enforces the "qualified" portion of the LEOSA.

I won't even get into the issues of CO's v. police, Chapter 90 etc.

Quote:

Originally Posted by SargeLorenzo

Posted by: pahapoika

I won't even get into the issues of CO's v. police, Chapter 90 etc.

the use of state correction officers for security in events like the the DNC and world series has made the line a little cloudy between cops and guards.

C/O's have special state police commissions giving them limited police and arrest powers ( for DOC related duties ) and some guys work as part-time police officers for their respective towns .

but in this crazy state every department is put in a separate category until warm bodies are needed. then we become "universal soldiers"

this confuses the younger C/O's , but their first speeding ticket let's them know right were they stand on the LEO food chain

it's wrong to deny law abiding citizens their 2nd amendment rights , but denying a employee of the state who carries a state issued firearm is just plain stupid

Posted by: SOT

Most of MA is just plain stupid.

Posted by: pahapoika

Most of MA is just plain stupid.

Amen brother

Posted by: Blivid316

what about moving? I have a class A for all lawful but am moving soon. Howdo I go about getting it switched to my new town? or do I have to?
thanks and stay safe

Posted by: 94c

Quote:

Originally Posted by Blivid316

what about moving? I have a class A for all lawful but am moving soon. Howdo I go about getting it switched to my new town? or do I have to?
thanks and stay safe

you have 30 days to notify the chief of the city you're leaving, the chief of the city you're moving to and the Criminal History Systems Board.

failure is grounds for revocation.

Posted by: SOT

Also note that notification MUST be via certified mail. There is NO alternative. Even if you can walk into the town and hand it to the Chief, you MUST send it via certified mail...no if ands or buts.

The "theory" is that your license should remain valid until it is up for renewal BUT many tows have made up their own rules and require you to renew right then and there, ESPECIALLY if the town you are moving to does not issue ALP and you have ALP.

Link to form that is helpful
http://www.mass.gov/Eeops/docs/chsb/...ge_address.pdf

Posted by: Blivid316

ahhh crap. thanks for the heads up and the info. i will send it in right away even though it isnt 30 days. down here at fletc. going to be hard to get the time to do this too

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