Wednesday, June 8, 2011

“May Issue” Is Also “May Not Issue”

Commenter, bloggershoot and blogdinner attendee, good friend, and all around mensch brad_in_ma just got his MA LTC. He was kind enough to share the process with me (with names and such redacted as necessary. Here's his journey through the process by which one acquires one's license to carry in Massachusetts:

Below is a play by play of my saga, starting with the safety course on 3/19.

3/19/2011 - safety course

3/26/2011 - license app dropped at [town name redacted] police station for [name redacted] licensing officer

4/12/2011 - appt. Application entered into "the system." [name redacted] licensing officer said to allow about 3 to 4 weeks.

4/15/2011 - check cleared

5/05/2011 - Cinco de Mayo - more than three weeks . . . waiting sucks worse

5/10/2011 - Four weeks to the day. No word yet. Patience wearing thin.

5/12/2011 - called, left msg for [name redacted] licensing officer

5/17/2011 - Five weeks to the day. Called. Was told six to eight weeks. Ugh.

5/22/2011 - 40-day limit on issuance or denial. P.R.of.MA in violation of its own laws.

5/24/2011 - six (6) weeks to the day. MA sucks.

5/31/2011 - seven (7) weeks to the day. MA sucks sweaty, flea infested camel scrotums.

6/06/2011 - License has arrived.
Now, that's some 73 days from the time he turned in his application until he received his MA LTC. That's nearly double the amount of time it is supposed to take by law - except, of course, that there are no penalties for the town breaking the law. Imagine what our streets would look like if there were no penalties for running red lights and stop signs?

Here's the rub: While brad would have had recourse had his license been outright denied, he would have had little options had the licensing officer downgraded his Class A license request to a Class B. Sure, if he wanted to spend tens of thousands of dollars in litigation fees he *might* get a restricted Class A, but that's an uphill battle in MA. Even worse, he could have received a restricted Class A, issued such that concealed carry is not permitted under the confines of that license.

And this all happened in a small(ish) town with a pretty reasonable licensing structure - he did in fact receive an unrestricted license at the end, and as such right now is in a better position than a great deal of the country. Because of the draconian laws on gun owners and the miniscule percentage of the population that owns guns, MA hasn't put thought into "binding signage" or "51%" or "no carry in bars" nonsense that some other states have. Some places ({cough}Boston{cough}) flat-out will not issue an unrestricted permit to the average Joe; imagine waiting 73 days (or Bruce's 106) to find out that your rights are significantly curtailed.

And that's the thing. With "May Issue", that's entirely possible. With the system as it stands in Massachusetts, New York, California, etc., your enumerated right to keep and bear arms is at the whim of some petty bureaucrat. For any reason whatsoever - they don't like how you voted in the last election, your second cousin once removed turned them down for the prom, you live on the wrong side of town, or you're the wrong color/race/ethnicity/gender - you're SOL. "Shall Issue" - meet these requirements, get your license - removes the human factor in getting that permit.

Of course, it also doesn't allow for controlling the proles, so in these enclaves it will be an uphill fight...

That is all.

12 comments:

Irish said...

Congratulations Brad!

Phil L. said...

Just curious - since I live in MD, which generally requires a "justification" in order to issue. Did Brad have to offer a "justification"?

Brad_in_IL said...

I'll answer that one . . .

The MA form for any firearms license -- and there are 5 different levels of license -- asks for a reason. The reason I gave, on the advice of my March 19 course instructor and many other sources was "All Lawful Purposes"

- Brad

Phil L. said...

Brad -

Thanks for the info. Sadly - as I understand it - that approach won't work here in MD. Your experience makes MA look "Shall Issue" in comparison to MD...

MAgunowner said...

Congrats on getting your unrestricted LTC. I finally managed to get the same in Boston, which is a very expensive and time consuming ordeal.

Weer'd Beard said...

Bummer they dragged their ass so much, but at least you have an unrestricted permit. My first permit I got inside of 30 days from dropping of the application, but it was "Target and Hunting Only" I would have waited longer if the rage-inducing red stamp would have vanished. Instead I moved to a friendly town.

Again could have been worse, Bruce had his long saga, also my buddy Vector had a 90 day wait and I forget how many times they asked for his finger prints, and all that noise for a "target and hunting only" permit.

Not only SHOULD it be criminal to treat lawful citizens in such a way...it IS criminal. But who are you going to call when the people violating you are the police?

zeeke42 said...

Phil, license policy is at the whim of the chief of police in your town of residence. There are 451 different licensing standards. They range from virtual shall issue to no issue no way.

MAgunowner said...

"May issue" is also "May revoke upon finding a sealed juvenile record from 55 years ago, no matter if you're a decorated Korean War vet, then have to spend tens of thousands of dollars to convince a judge to re-issue it."

Not that any licensing officer would ever be so petty. :)

Brad_in_IL said...

Phil,

To further illustrate Zeeke's statement I direct you to consider Arlington, MA vs. Boston, MA. Just like their positions in the alphabet, the two cities are next to each other and share a common boundary . . . . however they are worlds apart in their treatment of firearms licensing. At last check, I understand that not only does Arlington issue unrestricted Class-A licenses, they also on occasion issue 'green cards' - machine gun licenses. As MAgunowner points out with Boston, for an ordinary citizen to obtain an unrestricted Class-A license (the MA version of a CCW) is damned near impossible, and takes lots of time and even more money. I'd wager the amount of $$ spent on getting that license was north of $10,000. Good attorneys don't come cheap.

While the state did violate its own law by taking 73 days to issue me a license when the statutory limit is 40 days, I did in the end get what I wanted -- an unrestricted class A license.

My next hurdle is an even bigger one . . . convince My Lovely but Misguided Bride to "allow" me to purchase my first firearm. That "license" is also a "may issue" -- and is a much harder nut to crack. Maybe that saga will give Jay enough blog-fodder for another post.

Thank you all for the comments ...

- Brad_in_MA

Word Verify - acramone, in that one must endure much acrimony to obtain an unrestricted MA firearm license.

The Neophyte said...

There are penalties for violating traffic laws in Massachusetts? Last time I was there I had serious doubts on that one.

Cormac said...

Do they ever issue non-resident permits?

It'd be nice to have for visiting my Uncle in Somerville.

zeeke42 said...

They do, but it's a huge PITA. You have to appear in person in Chelsea. Also, I hear that they've been giving restricted (ie no CCW) permits lately