Looking for advice, going for my Massachusetts LTC class A

This is a discussion on Looking for advice, going for my Massachusetts LTC class A within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello All! I am writing this in hope of getting some advice from others that have dealt with obtaining their Class A LTC in Massachusetts. ...

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Thread: Looking for advice, going for my Massachusetts LTC class A

  1. #1
    New Member Array Bobbah90's Avatar
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    Looking for advice, going for my Massachusetts LTC class A

    Hello All!

    I am writing this in hope of getting some advice from others that have dealt with obtaining their Class A LTC in Massachusetts. The town that I am moving to next month, Fairhaven, only issues Class A's; the hardest to obtain. My history is not spotless and I have no intention of trying to hide it. I made some mistakes in my youth and I would not trade them for the world. I learned many valuable lessons through messing up, which I might not have learned or understand as well as I do without having to have gone through them. Please do not ask why I did certain things or hound me for my mistakes. I need to live with them every day of my life, that's enough of a reminder of how much of a ******* I had been.

    Just to provide a level of accuracy to those trying to help me, I will include a list of things on my record that might harm my chances as well as explanations as to why I believe those things should not bar me from owning firearms. Note, all of these instances occurred in my home state of PA

    When I was 16, I was charged with "Possession of a Weapon on School Property" for having a pocket knife on me at an after school football game. Before this, I had never even heard of incidents like Columbine and Virginia Tech happening. I thought things like that happened in Africa, the Middle East, or South America and Mexico. Not here in the US! I honestly did not realize the severity of the situation and thought it preposterous that people were calling me "Dangerous" and trying to get me kicked out of my township indefinitely. All because I showed my best friend my new pocket knife. I was not trying to hurt someone. In fact I did not even know it was against the law. I know ignorance of the law is not a defense, but I'm not even trying to defend myself. It was just a stupid mistake. And one I learned a valuable lesson from. Know as many laws as possible in the place you live.

    When I was 17, I was arrested for possession of a small amount of Marijuana. I was, at the time, a lost soul. I was extremely depressed for many different reasons, including the death of my grandmother and my parents divorce happening relatively close together. So I was constantly looking for ways to get out of my head, i.e. getting ****** up. (pardon my language). As a result I was again placed on juvenile probation which lasted a year and a half including a six month stint in a juvenile boot camp for failing a couple drug tests (all for marijuana) and then a month in rehab. Completed this probation.

    When I was 19, I was driving home from a friends house and was pulled over for a busted tail light. I had consumed 2 beers about an hour prior to driving home and knew that I was in an alright condition to drive and needed to get home or my mom would have been really pissed. So I drove (I know stupid, never driving after any alcohol consumption again) home. When asked by the officer if I had been drinking I told him yes, what I had drank and how long ago. He asked to perform a field sobriety test which I consented to and passed. He was about to let me go on my way when he noticed on my license that I was under 21. He was then required to put me under arrest and go through that procedure. I WAS under the legal limit, the blood test from the hospital indicated I had a BAC of .045, which is perfectly acceptable for a legal age person. For cooperating with the police I was given ARD probation which I completed and paid off. Been sober ever since, except for the occasional evening with friends and family. I don't believe in AA or NA and think its more about your mindset than an actual disease.

    I did notice while reviewing the MA law regarding licensing qualifications, that Marijuana offenses are not considered a disqualifying factor because it is no longer a crime in MA to possess Marijuana, it is a civil offense comparable to a traffic violation. (One good thing that MA law has done)

    I also had been in treatment for mood disorders and had to be hospitalized as a young teen for suicidal thoughts and two attempts. After years of Psychotherapy and medication, it was determined that I no longer needed them for the problems seemed to have worked out. I am no longer plagued by abnormal and unrelenting thoughts. I will be getting a psychological evaluation and a letter of recommendation from a MA license psychiatrist to submit along with my application.

    These are the things that have happened to me that might hurt my chances of being accepted. If anyone has any advice on how I should approach this, it would be greatly appreciated. I do not make enough money to go through an appeal process should I be denied, so I want to get this right the first time! Thanks for reading and considering helping me. Feel free to ask any questions regarding the situations above if it will help you determine the best advice for me. I have nothing to hide! Hope to hear from you guys soon!

    Robert

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  3. #2
    Senior Member Array NH_Esau's Avatar
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    It will cost you a few bucks, but you really need to talk to a lawyer smart in MA firearms law. I can give you a pointout to one (lives in NH but licensed in MA). Just IM me if interested.

    You don't want to get denied - will have to report that for all subsequent permits - and the DPRM is looking for reasons to deny.

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    74
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    If I were you I would edit out the details of your past in your OP. There is no need for your personal, private information of such a nature to be posted on the internet. Do this quickly.

    Personally I would take NH up on his offer to talk to a knowledgeable attorney.

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    Ex Member Array RayBar's Avatar
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    That would be hard to call. Good luck.

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    New Member Array Bobbah90's Avatar
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    Quote Originally Posted by 74 View Post
    If I were you I would edit out the details of your past in your OP. There is no need for your personal, private information of such a nature to be posted on the internet. Do this quickly.

    Personally I would take NH up on his offer to talk to a knowledgeable attorney.
    Like I said, I have nothing to hide. And all of this is public information, if anyone really wanted to know they could go down to my old county courthouse and look it up. So why not try to get the best information possible by providing as much information as possible. I don't hide from my mistakes, I learn from them. Thanks for the friendly tip though. Wish more people would be honest and not lie about their pasts. You cant learn from false info. As for the lawyer, I was reading on another forum and found a member who is a gun rights lawyer in MA. I emailed him to see what he could do and how much it would cost. Money is a serious barrier for me seeing as I'm just a line cook.

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    Distinguished Member Array ericb327's Avatar
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    I'm gonna say probably not, but I'm no lawyer.
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    Senior Member Array Inspector71's Avatar
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    They say confession is good for the soul, but I believe the intent was for church, not the internet.
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    74
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    Quote Originally Posted by Bobbah90 View Post
    Like I said, I have nothing to hide. And all of this is public information, if anyone really wanted to know they could go down to my old county courthouse and look it up. So why not try to get the best information possible by providing as much information as possible. I don't hide from my mistakes, I learn from them.
    I'm not talking about hiding anything. I'm talking about keeping private information private, as opposed to putting something out there where it may be accessible forever. No one is realistically going to go down and look up your records, and there's no reason to offer it freely. Technically it is public information, but in reality it is not.

    You have to think about the future, and how things may come back to haunt you. Don't make it any easier for that to happen.

    You can offer generalities without being specific. I would most certainly not want mental health information out there such as you have posted.

    It is better to be safe, than to be sorry.

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    Senior Member Array Dandyone's Avatar
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    Quote Originally Posted by Bobbah90 View Post
    Like I said, I have nothing to hide. And all of this is public information, if anyone really wanted to know they could go down to my old county courthouse and look it up. So why not try to get the best information possible by providing as much information as possible. I don't hide from my mistakes, I learn from them. Thanks for the friendly tip though. Wish more people would be honest and not lie about their pasts. You cant learn from false info. As for the lawyer, I was reading on another forum and found a member who is a gun rights lawyer in MA. I emailed him to see what he could do and how much it would cost. Money is a serious barrier for me seeing as I'm just a line cook.
    It may show up that you had a marajuana possession, but won't show up is your description of your state of mind... which very well could raise a red flag.

    2c on your 2a

  11. #10
    Distinguished Member Array LenS's Avatar
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    Robert,

    I am a subject matter expert on MA gun laws, but IANAL. There are two excellent attorneys in E. MA (Jesse Cohen-Framingham and Keith Langer-Wrentham) who are expert in dealing with situations like yours. I'm afraid that without that legal advice your chances of getting any license in MA is small.

    I am not familiar with PA law, but if any/all of those cases could be expunged, so you could honestly not have to reveal them on your application, that would be most beneficial.

    As for drugs, the MA law making small quantities of marijuana non-criminal did NOT expunge prior convictions, only new cases benefited from that change in law.

    As for the mental health treatment, unless the psychiatrist has an MD degree, his affidavit will not be accepted.

    Here's an excerpt from MGL C. 140 S. 131 (d) that is pertinent:

    Statutory disqualification's
    (i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:
    (a) a felony;
    (b) a misdemeanor punishable by imprisonment for more than two years;
    (c) a violent crime as defined in section 121;
    (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or
    (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C
    (ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;
    (iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;
    I suggest that you do some reading on the MA Gun Law sub-forum here: Northeastshooters.com - Northeastshooters.com News

    Good luck.
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  12. #11
    New Member Array Bobbah90's Avatar
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    Thanks to all for the advice. But again, I'm not worried about posting my info on the internet. I don't have anyone out to get me or make my life hell. LenS, I am currently attempting to contact Mr. Cohen to see if he would be willing to help. I have also contacted a psychiatrist (anyone who is a psychiatrist is automatically an MD, They go to medical school then decide to specialize) who is willing to see me, evaluate me, and then write whatever his findings are. I'm not worried, seeing as it was a psychiatrist who took me off the meds in the first place. I wish people would not be so weirded out by mental illness. I bet if anybody reading this actually had the balls to go to a psychiatrist, they might find that they show the symptoms of some sort of illness. I personally believe that its all how you look at and perceive situations, not that a persons actually different (except with extreme illnesses like schizophrenia, which is what my fiance's father deals with). I've been researching gun laws in MA every day for the last couple weeks, as well as reading multiple forums. I forgot to mention that the weapons charge in PA was expunged but that doesn't mean the Nazi's in MA cant see it. Expunged is more the public record, not your Police record. And again LenS, thanks for that info on the Marijuana law. I did not realize that. But it still doesn't make their case any stronger (or mine for that matter). Those beliefs of mine are for a different forum that I belong to however. So I will spare all you Regan era DEA humpers my speech on civil rights, as that it does extend WAY beyond our precious guns. Hey Dandyone, thats why I'm getting a doctors opinion for the chief. Not worried at all. And 74, I'd be more worried about someone who will lie by omission about their past than someone who is open and honest about their mistakes and whats happened to them in their past. And I'm not just like this on the internet. If anyone in real life wanted to know, I'd tell them. And by opening and posting in my thread, I'd classify you as someone who wanted to know.

  13. #12
    74
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    Edit- never mind. If you want to help the state disqualify you, that's your business.

    Just know that I used to work for the MA DMH so I know my way around the system. I think you're making a big mistake. Be prepared to live with the consequences, and results that may go much further than you anticipated, for the rest of your life.

    You seem to think I am suggesting you "lie by omission." Nothing is further from the truth. There is a difference between answering only the questions asked according to law, and offering information not specifically asked for. If you follow the law, and only follow the law, you are not doing wrong.

    It might be helpful for you to research and learn about how the reporting of mental health issues from medical facilities to the states has changed over the years.

  14. #13
    Distinguished Member Array LenS's Avatar
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    74 raises some valid points. A doctor's affidavit may be all that is required, without all the detail you provided above.

    Another potential issue is that what is on the Internet will live forever and people with no right/need for that detail may see it and connect it with you with adverse consequences. For instance, potential employers use Google to search the background of potential employees. They may never consider you due to their prejudiced opinion based on what you posted.

    Bottom line, I agree with 74 that you should redact the details above and seek out Jesse's counsel on moving forward with the application.

    Good luck.
    NRA Instructor

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