LTC Restrictions in MA - What are LTC Restrictions and how do I remove them?
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- เผยแพร่เมื่อ 7 ธ.ค. 2016
- What are LTC Restrictions in Massachusetts? Why did I get a restriction on my LTC?
Chiefs have discretion to put a restriction on your LTC if you don't show a purpose to carry that rises to their standards. Yes, I know, there are many constitutional issues here, but this video is NOT meant to address those constitutional issues. The purpose of this video is to give you real time answers to questions and situations, regardless if they are fair/constitutional or not. While there are constitutional arguments to be made, those cases can take time, and my clients need immediate answers while the constitutional debates continue.
Thus I am not endorsing restrictions. I am just explaining them so I can hopefully answer questions for people who need answers NOW.
That being said, there are three types of restrictions for an LTC: Target & Hunting, Sporting, and Employment.
Chiefs can apply these restrictions at their discretion, but this typically happens in towns that are known to give every applicant a restriction on their first LTC (insert constitutional argument here) or if they have a suitability reason but they don't deny you your license to carry all together, and instead grant it with a restriction.
In my conversations with law enforcement, I have found that in some towns, the chief is concerned with a person's experience handling firearms and some welcome a request for an "upgrade" in a year with proof of more shooting an carrying experience.
Target and Hunting Restriction: This allows you to concealed carry to and from a range or a hunting excursion.
Sporting: I have heard that this is like Target and Hunting but includes things like camping.
Employment: This allows you to carry on the job and typically needs a letter from your employer stating the circumstances.
If you are issued an LTC with a restriction, the restriction may be appealed and removal requested through filing a compliant and requesting a hearing in the district court any time after the restriction is applied. Personally I have had success negotiating a restriction removal outside of court on a few cases.
I am happy to set up a consult in my office or via Skype. Please let me know and I will have the office follow up. Due to the nature of the practice and topic, I only work with clients and will not give free legal advice via email.
Thanks for stopping by!
Find me online at:
www.thinkpinklaw.com
julie@thinkpinklaw.com
Requiring citizens to apply and pay for a license to exercise fundamental, individual, "incorporated" rights is UNLAWFUL and States are prohibited by the 14th Amendment, other provisions of the U.S. Constitution and many court precedents from so doing. Any restriction of the full scope of the rights guaranteed by the 2A IS AN INFRINGEMENT! "Shall not be infringed" is defined as: Absolutely Forbidden to Violate.
When I was about 21 I tried to get one. I am now 67. I have no arrests, no nothing & was denied in Dorchester Mass. I moved to New Hampshire & had no problem getting one Mass is a nightmare in getting one. Different cities it is easy or impossible depending your city you live in.
just a little fyi....in massachusetts ( i am an unrestricted class a) there is NO law stating one must carry concealed. the license is to carry a firearm, NOT a concealed carry permit. that being said, i wouldn't recommend open carrying because the police WILL hassle you. but i thought ppl should know.
thank you for letting us in on the draconian laws of MA no one else I have seen is talking about this
I live in Medford Massachusetts, just got out the military recently, took the firearms safety course and applied for unrestricted, and today I received my gun license and got restrictions (target and hunting), and now I'm looking for a lawyer to take this case to court
KMackk187 bro i live in medford too, they legit suck
I also live in Medford and I’m applying tomorrow. I just took my safety course, and the instructor said almost everyone in Medford gets restricted. While basically all surrounding towns? Yup. No problem. It’s sad knowing that I’m automatically going to get restricted. It’s really a violation of our constitutional rights in my opinion. Let me know how your appeal goes!
Thank you Julie!
Thank you for the detailed, thorough explanation in layman's terms.
My state, New Hampshire, just became a Constitutional Carry state recently. We have always been an open carry state.....Just finally got rid of the stupid LTC bureaucracy.
Good.. now you do t need background check on a private sale.. yay!! Now a felon can just pick up a gun with the cash and carry.. open Carry is for show offs when mama didn't pay enough attention to someone..
Michael Lawrence u just can't purchase a firearm off the street the only thing that changed is u don't need to pay for your right. If u are not allowed to lawfully own a firearm through the atf it won't go through. Stop scaring people !!!!!
I didn't say "off the street" , I said private sale! So what keeps a a felon from buying a gun on a private sale?? The honor system?
I was given a sporting restriction in Massachusetts. I had to go back to reapply with a letter. I also more training to list before I got the restriction removed.
Thanks for what you do!
Thank you Julie. This video was very imformative. I will definitely be contacting you on the next steps. But, I would like to hear what are the costs from minimal to what the maximum.
Thank you,
Allan
Very informative video. I live in KY and had no idea that non LEO people in Massachusetts could acquire a concealed carry permit under any conditions.
To the people who are hammering Mass in the comments, my wife and I have actually visited Boston when my daughter and son in law lived in Brookline before they moved to NYC and later Texas. Boston is a beautiful city. Boston has great food, wonderful history and so much to see. If you have never been there, please go visit Boston. It is incredible.
Having grown up in Ky and having an obvious accent hillbilly accent, I still found every stranger I talked to there to be very nice. Everyone thought I was from Texas which I took as complement. While I do not agree with their gun laws, Boston is a great city and a great place to visit.
Jeffery A Howard Thanks for your comment, Jeffery! I lived in Brookline for a long time (with my own restriction LOL) as well. I agree 100% with everything in your comment. Hope you and your family visit again!
Thanks for the video. Moving to MA shortly. I have filled out the LTC Class A unrestricted application, but have heard from local MA firearms instructors, that i shouldn't just put "For All Lawful Purposes" now, but instead write a paragraph describing my reasons in detail. What should i write?! This seems tricky. Any suggestions? I have a clean record and my main reason is for self defense as a very last resort.
Are you serious, y'all need a court issued permit just to bring your firearms to a range?
cal30m1 and yep. It's issued by local law enforcement however, not by the courts. You can appeal the status of your license to the courts.
Thank you for the information. Stay safe and beautiful
Massachusetts Lives! Thanks Julie!
thank you Julie.👍
good tips
What you said is not correct. If you get a hunting and target restriction you CAN NOT carry concealed to and from your intended area of shooting. You still have to have the weapon unloaded and secured in your vehicle or in a case and locked or unlocked depending on the classification of firearm, being large capacity or not.
How are you going to prove that you were on your way to or from a range?
You’d have witnesses/emails/texts etc to prove you were on your way to or from the range. If the police don’t believe you and suspend your license you would have an evidentiary hearing as to the same.
This video is not about capacity since the LTC B is no longer being issued (since 2015).
I have ALP/none.. Boston uses "hunting/target - no concealed carry" which means no carrying on the body, unloaded and locked up in transit.
Good straight-forward info.
So if my permit is restricted to employment and sporting I can carry to and from work
I do have a problem it's a question now I have class a license and one of the restrictions is hunting and target practice or range and target practice now for example with my job I can be called into work I'm at the range I finished shooting I'm on my way from the range and I get called into work my firearm is still on my person and I go into work but at work there's a safe I lock it up in the safe and then from work I end up going home can I get myself into a boatload of trouble because during my day of carrying my firearm to the range and or going to practice shoot or hunt I get called into work emergency call into work and my firearm is on my person can I get into trouble?? Thank you and have a good day and Merry Christmas Julie.
I recently renewed my LTC in MA and was informed by the licensing authority the state no longer issues restrictions on LTC's. Is this correct?
Definitely not correct.
Irishred Its not the state issuing restrictions, its your local Police Chief.
1998: Muscarello vs. United States - In the dissent on defining "carries a firearm", several Justices note that "Surely a most familiar meaning is, as the Constitution's Second Amendment ("keep and bear Arms"). . . ."
1998: Spencer vs. Kemna - In his dissent, Justice Stevens noted that a conviction "may result in tangible harms such as imprisonment, loss of the right to vote or to bear arms. . . ."
1994: Albright vs. Oliver - The court quoted Poe vs. Ullman on how the right to keep and bear arms and other rights are to have, "freedom from all substantial arbitrary impositions and purposeless restraints" under the Fourteenth Amendment.
1990: United States vs. Verdugo-Urquidez - The "people" under the First, Second, Fourth, Ninth & Tenth Amendments are individuals, not the States.
1990: Perpich vs. Department of Defense - National Guard is NOT the militia but part of Armed Forces. Militia divided into "organized" and "unorganized".
I had an LTC from Boston, when I moved to Quincy they said no and a few days later my Home was raided by Quincy P.D. (7 Cruisers and unmarked Car and a search Dog unit) I was getting into the shower and sick with Pneumonia , and the Quincy P.D. said if you didn't answer the Door quick enough we have the SWAT Team on stand by.
I was removed from my House in my underwear and detained outside while they searched my House and seized my unloaded locked up Licensed Pistol ALL without a single Warrant and they would not give me any documentation that they did this other than a consent form , then told me "Don't like it , sue us"
could you carry an unloaded black powder weapon since it's technically not a firearm under federal law and just keep paper cartridges in your pocket if you need to use it
I just got restricted to employment/ sporting I really want to get that removed to unrestricted.
I just had to do my interview and get fingerprints and got my picture taken in Chelsea yesterday for my mass non res permit
I don't know what happened to the class A and B licenses as that's what constitutes a Class A (ALL lawful purposes) and Class B ( target and hunting). I've had my license (Class A) for 30 yrs and only had a 6 month wait to get my license. I would get the best "restricted license" available and then reapply after a year for the non restricted license at which time I don't believe they can deny you and if they do, tell them you'll get an attorney before you leave the station and that should change their demeanor...
If someone wrote "personal defense" instead of "all lawful purposes", do you think they'll be more likely or less likely to get approved?
George Cataloni
100% less likely
I wrote something like "to be responsible and legally safely own a firearm to protect my family, and self. To use a firearm to go target shooting with family, hunting trips, and competition shooting." Never use the word gun use firearm and throw the word responsible, safely, legally
In my town in MA, walk in and get one. I write victim of armed robbery and carry large amounts of cash.
I'm back woot woot !!
Sorry Julie, some bad info here. Restrictions do NOT always allow you to carry to/from (target/hunting/sporting), as the definitions depend on the chief's interpretation of what he/she means. Try carrying on a restricted Boston LTC and let me know how that goes! The memo from FRB defining restrictions ONLY apply to those LTCs issued by FRB to Non-Residents.
Thanks for your comment. I agree with you about restrictions not being specific about where/when you can carry, which is why In my video I actually do say that the restriction definition is not in the statute, it is at the discretion of the chief and it can depend on the town so you want to clarify with that town. I mention this throughout but specifically around time stamp 3:30 and again around 3:50, 4:06-4:20.
Julie, I suggest that you put a disclaimer in your description above, without it, someone may get jammed up. I teach my students that it is risky to carry on any restricted LTC unless they have and carry a written/signed statement from their chief explaining what the restrictions mean per his department. The confusion is also why when I was on the job most of us wouldn't care as long as the person had a LTC, but every department has at least one officer who would jack someone up . . . and you don't know who is going to stop you.
I dont know how it is there, but in California they discriminate against low income applicants, and have even admitted that their position is that only the people who are rich or are a celebrity need the right to carry,( thats concerning concealed), this is an outrage, besides the constitutional infringements, discrimination against the poor is more widespread now than any time since we became a nation, thats one thing our founders wanted to prevent, (rich aristocrats and royalty who seemed to be the only ones who mattered then), and this should be addressed in court, everyone that owns a gun, or plans to own a gun and so much as drive through that state should be inclined to sue on the basis of class discrimination. With u having courtroom experience, Im sure u have noticed that the lower income are usually the targets of traffic stops, investigations, etc, and its almost always the poor who are the ones that end up wrongfully convicted of crimes they did not commit, and feel that they are guilty until they can prove their innocence. If u have not noticed that, then start to pay attention, see who gets the most time, and who goes to prison the most often, the whole system is based on money, those who dont have money to pay usually have long probationary terms, and more lengthy sentences if they mess up. These people deserve a fair shake, but its too often ignored, minorities are not the most likely to be discriminated against, today the lower income citizens are more likely to suffer than anyone else, and I hope someone like you can notice and start some kind of dialogue to see a means to an end to this miscarriage of justice. Thanks for reading, and thanks for the info, take care
More laws
she also forgot to mention,all lawful purposes
All lawful purposes is the reason. Restrictions/unrestricted is also the type of license.
You should change this video since there is only one license now.
N1AGE every town is different. Unless you mean there is no longer an LTC B , which is true, there are still towns that issue licenses with restrictions.
Julie Tolek August of 2014 the commonwealth did away with LTC-B and only issues LTC-A large capacity licenses and FID cards for long guns and sprays. It’s pretty much all or none now. Maybe I’m wrong, however if you check the mass website it seems particularly clear IMO. PLEASE I’m not criticizing the video on any manner, things change sometimes.
N1AGE I know they got rid of LTC B. Did you read my reply to your comment? I don’t think you understand the video. The video is about restrictions, not LTC A and B. My previous comment to you also agrees with the discontinuation of LTC B. This video is not about LTC A & B.
N1AGE See Mass General Laws Chapter 140 Section 131(a): “A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper....” malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131
Hard to copy/paste/format from the phone-sorry for the multiple edits.
Smoken hot gun lawyer in MA?!?
Ok, now I only hate 99.9% of MA gun issues
Did you say you are at a "sex" court? No offense, I heard of courts for sex offenders, but why would they also handle carry permits? Is that to discourage guys from applying?
cal30m1 lol no, I'm at Cambridge/Middlesex court - Middlesex is the county.
I was there for a divorce. Not gun related 😬
It's time to have another Boston tea party.
Move to a free state.
Why? Why not take the state back from the oppressors? That's what our forefathers did!
Sorry "There"
1961: Poe vs. Ullman - Lists the "right to keep and bear arms" with "the freedom of speech, press, and religion;" and "the freedom from unreasonable searches and seizures." The courts seemless aproach indicates that all are individual rights.
your adorable