LTC Application Investigation Update

First we would like to thank all of the GOAL members who responded to our requests during the investigation, many of you responded and provided us with the written proof we needed to continue. With this information at hand, GOAL has begun the second part of this investigation.

Beginning July 11, 2006 GOAL began sending letters to the Secretary of the Executive Office of Public Safety, Robert Haas, requesting that he investigate the application violation/s expressed in each letter and take the appropriate action to correct the matter. To view a sample of the letters, click here.

As a reminder to our members, any additions to the application process are a clear violation of of Chapter 140: Section 131(g). Violations of paragraph (g) by an issuing authority are punishable under Chapter 140; Section 131(k).

Further, any requirement for letters of recommendation or any other stipulations that require others to be made aware of your application, GOAL considers to be a violation of Chapter 66; Section 10.

Chapter 140; Section 131(g) …The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board, which form shall require the applicant to affirmatively state under the pains and penalties of perjury that such applicant is not disqualified on any of the grounds enumerated above from being issued such license.

Chapter 140; Section 131(k) ... Whoever knowingly issues a license in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or by both such fine and imprisonment.

Chapter 66; Section 10 ... The executive director of the criminal history systems board, the criminal history systems board and its agents, servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing authority, as defined by chapter one hundred and forty shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess firearms, rifles, shotguns, machine guns and ammunition therefor, as defined in said chapter one hundred and forty and names and addresses of persons licensed to carry and/or possess the same to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request.

 

GOAL Investigates Local LTC Applications

For some time now, GOAL has been receiving complaints from members who are being told they have to comply with local demands regarding License to Carry applications. For example, it has been reported that some cities require membership to a club, require letters of reference from three people, or very detailed letters to the chief stating your reasons why you “need” a license.

Just recently GOAL was given a copy of the cover letter from the Holden Police Department Firearms Application Checklist. On the letter it stated; “The Firearms Record Bureau no longer accepts “Any lawful purpose” as the sole reason for applying. Give a more specific reason to avoid having your application sent back by the FRB.” GOAL contacted the FRB through the governor’s office to verify that statement. We were told that it had not originated from the FRB and that they had no such policy and no authority to enact such policies.

We want all of our members to know that, as we read the law, no local department has the authority to impose any application requirements that are outside of the standard form supplied by the state. Chapter 140: Section 131 (g) specifically states the application shall be standard in form. No where does the law allow local authorities to add to the form or create a separate list of demands.

In the near future GOAL will be working to address this problem and we need your help. If your local city or town authority asks for anything outside of the standard form, please get us a copy of those requirements so that we have written evidence to provide to the state agency in charge.

Chapter 140: Section 131(g) …The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board, which form shall require the applicant to affirmatively state under the pains and penalties of perjury that such applicant is not disqualified on any of the grounds enumerated above from being issued such license.

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

*This page is made possible by the membership of GOAL and their generous donations. If you found this page helpful please Join - Support - Donate to GOAL.

 

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