Advice on obtaining a Mass LTC with the Following caveat
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Old 06-04-2014, 05:09 PM   #1
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Default Advice on obtaining a Mass LTC with the Following caveat

Hey guys, 1st time posting. Great forum! *Looking for advice.

I had a class A LTC in Mass in 2006, but stupidly I allowed it to lapse. *Being a veteran, at the time all I needed was a copy of my DD-214. *I didn't need a firearms safety course, however they require it now. *I did that. *I have (2) character references as well.*

*

I need to sit down with my chief of police and go through an interview.

*

My issue is as such. *

Since 2006 I have been diagnosed and treated as bi-polar. *In the Mass General Law 140, 129B (excerpt below) states the following.

*

(iii) 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 the applicant from possessing a firearm, rifle or shotgun;

*

(iv) 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, in which case he may make application for such card after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by such physician to the effect that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;

*

I was in the hospital, but not confined against my will. *I was not treated for drug abuse or habitual drunkenness.

My doctor will not fill out an*affidavit*due to the "current climate". *

*

I was going to process the application anyway. *Is there anything I need to worry about? *Do you have any suggestions?

*

Also, here is the penalties

(8) Any person who knowingly files an application containing false information 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 house of correction, or by both such fine and imprisonment.

*

Any and all input is much appreciated

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Old 06-04-2014, 05:25 PM   #2
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**So, fill out the* form, and don't lie*.

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Old 06-04-2014, 05:31 PM   #3
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**So, fill out the* form, and don't lie*.
Yea. That's pretty much what it comes down to. On my town form guide, it states in the mgl section, but obviously not part of the mgl, ' of previously under treatment for or confinement for mental illness.' But that's it.

My doctor put my request for affidavit in my record. I don't know if the state would go looking...

I'm just do frustrated right now. We need to worry about the ones who don't go through all the hoops to get licensed.. It's stupid.
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Old 06-04-2014, 05:32 PM   #4
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Note, I am posting from my phone. Typos to ensue.

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Old 06-05-2014, 04:37 AM   #5
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Quote:
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Note, I am posting from my phone. Typos to ensue.
I just thoght you were living up to your handle.

i say fill it out, and run it through, or do what I did when I lived in NY.Move to a state with a lower BS quotient. I would also look for another doctor if I were you. Mine in NY holds a CCW, and we frequent the same LGS and ranges, so i know for a fact that if I needed an affidavit of good mental standing I would get one regardless of the "political climate".
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Old 06-05-2014, 05:02 AM   #6
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Yea. That's pretty much what it comes down to. On my town form guide, it states in the mgl section, but obviously not part of the mgl, ' of previously under treatment for or confinement for mental illness.' But that's it.

My doctor put my request for affidavit in my record. I don't know if the state would go looking...

I'm just do frustrated right now. We need to worry about the ones who don't go through all the hoops to get licensed.. It's stupid.
depends on whether they are basing the their definition of confinement to either voluntary or involuntary or both.

i think the doctor is playing the CYA card, in case you were to go off the deep end as he would be the doctor of record of treating you.

might be time to look for a new doctor and maybe even contact a local attorney to sort through the legalities of this and who is versed in the gun laws in your state.
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Old 06-05-2014, 05:21 AM   #7
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I would Talk to Legal Counsel.


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Old 06-05-2014, 12:29 PM   #8
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Keep in mind that you get what you pay for in legal advice and as far as I'm aware, none of us are lawyers. Seeking free legal advice from people who are not lawyers usually will not end well.

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Old 06-05-2014, 07:05 PM   #9
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Granted. Kind of hoped the was someone with a similar situation. Moving would be nice, but not doable. Besides that would be like cutting off the nose to spite the face. I guess I could hire council, but when does the destination no longer warrant the journey..

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Old 06-05-2014, 07:13 PM   #10
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I would contact someone at Goal or comm2a here in mASS. Though it does all rest on the shoulders of the gestapo in the town you live in. hopefully you live in a green town and just tell the truth on all forms. Oh and then get ready for the long delay.

Charles.

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