This page is located more than 3 levels deep within a topic. There is no minimum age in New Hampshire for possessing a firearm. Mandatory Disqualifications are based in federal law. Federal Law Under 18 U.S.C. The courses do not take long. Firearm License Appeal/Denial Information. You must apply for a resident firearms license to carry or firearms identification card through the police department in the town where you reside. At the hearing you will have the opportunity to appear and/or submit documentary and testimonial evidence in support of your petition. Do programs need to be aware of the new Mandatory Disqualifications? 0000007729 00000 n
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In the new BRC requirements that began on October 1, 2018, EEC will apply Mandatory Disqualifications to existing or prospective candidates in EEC-licensed child care programs who are subject to a Background Record Check. 0000005818 00000 n
LTCs shall expire on the cardholder's birth date occurring not less than five (5) years but not more than six (6) years from the . If the candidate currently works at, or is affiliated with a program, the program must terminate their employment or affiliation within 14 calendar days of notification, unless EEC informs them to remove the candidate sooner. ) or https:// means youve safely connected to the official website. You skipped the table of contents section. 922 (g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person: convicted in any court of a crime punishable by imprisonment for a term exceeding one year; who is a fugitive from justice; Instead of fighting the case you are agreeing to be placed on probation and the court . LTCs require a state-approved firearms training course. What is the applicability of Mandatory Disqualifications? The check is very quick (less than a minute), and if there is nothing in your past . Be sure to enter theNES/MFS February Giveaway ***Taurus G3***. *This page is made possible by the membership of GOAL and their generous donations. Your new permit will be good for 6 (six) years, with a ninety (90) day grace. Use this button to show and access all levels. Notice. 0000008247 00000 n
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Other attorneys have told me that is not the case, and also advised that many courts require ASF as a condition of accepting a CWOF deal. Assault (c. 265, 13A) Assault & Battery (c. 265, 13A) A&B on Public Employee (c.265, 131) Massachusetts Firearms Law Disqualifiers All of the following crimes will disqualify a person from immediately obtaining an FID. Bring a copy of your approved gun safety course certificate (M.G.L. JavaScript is disabled. Gen. Laws ch. Misdemeanor Conviction Disqualifiers for FID Cards and LTC's . All first-time firearms applicants must provide certification that the applicant successfully completed a Basic Firearms Safety Course by a Commonwealth of Massachusetts Basic Firearms Course Instructor or Hunter Education and Firearms Safety Course given by the Massachusetts Department of Fisheries and Wildlife. Questions in this section are about offenses on an EEC Background Record Check (BRC) that fall under the Table of Disqualifying Offenses: Mandatory Disqualifications. period. Disqualifications for Firearms Licensing The following are crimes that, if convicted, will disqualify you for a License to Carry (LTC) and/or Misdemeanor Conviction Dis-qualifier for Firearms Identification (FID) Card. 16; Section 30A of the Securities Exchange Act of 1934, 15 USC 78dd-1, or section 104 of the Foreign Corrupt Practices Act, 15 USC 78dd-2; Chapter 105 of Title 18, USC, relating to sabotage; Section 4(b) of the Internal Security Act of 1950, 50 USC 783(b), relating to communication of classified information; Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954, 42 USC 2077 2122, 2131, 2234, 2272, 2275, and 2276; Section 601 of the National Security Act of 1947, 50 USC 421, relating to the protection of the identity of undercover intelligence officers, agents, and other sources; Section 371 of Title 17, USC, when it involves conspiracy to violate any of the above statutes; and. Might be of interest to those in Mass.. -- Receiving Stolen Property Under $250 (c. 266, 60). In order to be eligible to receive a new or to renew a LTC, an applicant must be deemed by the Chief of Police to be a suitable person. Patty DeMarco Posted at 11:40h, 18 April Reply Hi there! What appeal rights does a child care candidate have if they have a Mandatory Disqualification? If you have a clean mental health and criminal history there is no reason for any citizen in Massachusetts to be denied these given rights. NO WRITTEN (OR MAILED) APPLICATIONS ARE ACCEPTED. Conviction of a misdemeanor punishable by imprisonment for more than two years (includes conviction for OUI after May 27 1994). Contact the Townsend Police Department Firearms Records Bureau at (978) 597-6214, press 3 for Firearms Licensing and schedule an appointment with one of our Licensing Officers. EEC has made the Table of Disqualifying Offenses Mandatory Disqualifications available so that programs and their staff are aware of the offenses that will automatically disqualify a current or prospective candidate from working in an EEC-licensed or funded child care program. As required by the statute, you bear the burden of proof by clear and convincing evidence that your are a suitable person to receive a firearm identification (FID) card or a license to carry (LTC) notwithstanding the disqualifying conviction. New Hampshire Gun Permit Laws 78. Proof of payment of the Firearms License fee, this fee is to be paid at the Central Services Counter of the Town Hall. If candidates dispute that the charge does not meet the standard of a mandatory disqualification, then it will be sent to a review. Unrestricted governor's pardons are granted every 30-40 years. An official website of the Commonwealth of Massachusetts, This page, Questions on Disqualifications: Mandatory Disqualifications, is, Frequently Asked Questions (FAQs) on New EEC Background Record Check Process, Questions on Disqualifications: Mandatory Disqualifications. Under federal law, you can't buy a gun if you: Are a convicted felon.
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Further, the GCA at 18 U.S.C. Please Click Here to request an appointment or call 978-582-4531 between the hours of 7 a.m. - 3 p.m. Monday through Friday. 200 Arlington St., Suite 2200 Do Mandatory Disqualifications apply to candidates in EEC-licensed or approved Residential Programs and Placement Agencies? Requirements for Application for a Firearms Identification Card A completed application. Under MGL c. 269 s. 10H, it is a separate crime to carry a loaded firearm while under the influence of alcohol or drugs, even if you are otherwise licensed to carry a firearm. 0000005841 00000 n
Disqualifications for Firearms Licensing The following are crimes that if convicted will disqualify you for an License to Carry (LTC) and/or Misdemeanor Conviction Disqualifier for Firearms Identification (FID) Card: Under Massachusetts law, misdemeanors punishable by imprisonment for more than two years include the following offenses: have questions about the Massachusetts Firearms Laws? All of the following crimes will disqualify a person from immediately obtaining an FID. See C140131 . On February 27, 2019, House Democrats passed H.R.8, a universal background check bill that is the most significant gun violence prevention legislation to make it through the chamber since the creation of the FBI's National Instant Criminal Background Check System, or NICS, more than two decades ago. You could try going through a lawyer, but it is likely you will denied with that charge in your background. We have included a list of documents (see below) which we recommend that you include with your petition. Bureau of Alcohol, Tobacco, Firearms and Explosives. %PDF-1.2
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Being the subject of an outstanding arrest warrant in any state or federal jurisdiction. Have been convicted of certain drug crimes. Student Rebooking and Cancellation Policy, Regulatory Fraud A Calculated Deception Against the People of the Commonwealth, Junior Shooters and Hunters Resource Page. The program will also be contacted verbally to confirm candidates current employee status. presents a serious risk of physical injury to another. This definition includes simple assault assault and battery and burglary. On the other hand, if a person has been convicted of any of these misdemeanors, it will act as an automatic disqualifier for life from obtaining a LTC. Call the Massachusetts Gun Rights Defense Lawyers at the Law Office of John L. Calcagni III, Inc. today at (508) 213 . AllMGLupdates are maintained by the Commonwealth of Massachusetts and this page is merely a reference and may be outdated or inaccurate. Misdemeanors: Conviction Disqualifiers for FID Cards and LTC's (License to carry) Under Massachusetts law, misdemeanors punishable by imprisonment for more than two years include the following offenses: Crimes against the Person. Application will be completed online by Sergeant Ball during your interview, however application and questions can be viewed at the following link: IT IS NOT NECESSARY TO PRINT AN APPLICATION AS THE PROCESS IS DONE ELECTRONICALLY. Good luck! Expecting to be fingerprinted, photographed & interviewed. B^$N0>4lC!vdON#T*M.6a.bQB@,,w^u\u~Ol%yjO Nz",-~[Hhp 1; . Top-requested sites to log in to services provided by the state. Lawrence, MA 01840 Telephone: 978-794-5900 Fax: 978-794-5915 Hours 0000003067 00000 n
You asked for (1) a description of the gun permit process for in-state versus out-of-state residents and (2) data on gun permits issued and revoked over the last five years. Disqualifiers: Forms: Laws . Mass.gov is a registered service mark of the Commonwealth of Massachusetts. However, only a parent, grandparent or legal guardian can transfer a gun to someone under 18. If such a conviction appears during a background record check, EEC is required by federal law to disqualify the individual. Fugitive from Justice Pending Arrests for Disqualifying Crimes Felony Conviction Misdemeanor Crime of Violence, Not Including Domestic Violence Being the current subject of restraining order (209 A). If such a conviction appears during a background record check, EEC is required by federal law to disqualify the individual. 410 Great Rd (Rte 119)
Please do not include personal or contact information. EEC will handle all Background Record Check results that include a Mandatory Disqualifying offense. The Arms Export Control Act (AECA) prohibits the issuance of licenses to persons who have been convicted of: Section 11 of the Export Administration Act of 1979, 60 USC App. In MA, a guilty conviction on a DUI is a dis-qualifier when you apply for the license. If you have additional criminal charges that did not result in a conviction, these also may be addressed in the statement. There are two appointment slots available per day Tuesday - Friday at 10 a.m. and 1 p.m. For the licensing authority to deny an FID License based on unsuitability there is a burden of proof upon the licensing authority, they must petition district court, notify the applicant in writing with reason for denial and include the evidence serving as the basis for denial. You are using an out of date browser. However, if it is not a crime of violence, the person will be entitled to receive the FID after five years from the date of conviction or release from prison, probation or parole (whichever is longer). Copy of Birth Certificate or Naturalization Papers. You will need to ask that the police department certify that the report is an official business record pursuant to G.L. . Application processing is free to applicants over 70 years of age. 2) A certified copy of the criminal conviction(s) that disqualifies you from being eligible to have a FID or LTC (you can obtain this from the trial clerks office of the courthouse in which you were convicted). FID Denial: With the passing of Chapter 284, beginning on January 1, 2015 licensing authorities will have limited power to deny issuance of an FID License for reasons other than statutory disqualifiers. 0000006912 00000 n
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But Iwama found no consistent effect of the new legislation on . MA Basic Firearms Safety Class, easy access from both Worcester and Boston. UY/Q`1WQ-jTyktvX5 w/Q-0cB{F_k7BzWX? No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle . The ASF is what trips this switch. %PDF-1.3
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HSj1+u$ocCh& anPhC%[xd-D6y\#=bH-&CR6zujm4hv-?&/C!l1whSJ7nV^ firearm safety courses, letters of commendations, honorable discharge, etc.). The following guidelines will assist you in submitting your application via US Mail: NEW APPLICANTS ), All information should be sent to the: Firearms Licensing Important Information. These are called "statutory disqualifiers", and are permanent: Certain other statutory disqualifiers can be remedied as specified: If any of the disqualifiers apply to you, please contact us via email, or by phone at 978-486-8080 or 617-320-8012
Note: OUI Conviction disqualifier for LTC - May 27, 1994, OUI Conviction Automatic Disqualifier for License to Carry Firearm. This certificate has to be presented together with your application for a gun license. c. 233, ? 5) You may include letters of recommendation, including from your local police chief. LTC/ FID/ Machine Gun License - $100.00 (renewal applicants 70 years or older, there is no charge) . Pursuant to Chapter 140 section 129B of the Massachusetts General Laws, the Chief of Policemay notdeny an applicant's request for a FID Card unless he/she is subject to one of the statutory disqualifications listed above. If no decision is rendered during the 90 day time period following the hearing, the applicant will be found suitable. Applicants for a Firearms Identification Card (FID) must be at least 18 years old. The following partial list of offenses appear to meet the statutory criteria for violent crimes in Massachusetts. Identify Prohibited Persons The Gun Control Act (GCA), codified at 18 U.S.C. Firearms Licensing Instructions. Every citizen of the state of Massachusetts has the right granted to them by the 2nd Amendment of The Constitution to keep and bear arms. EEC will handle all Background Record Check results that include a Mandatory Disqualifying offense. If you enjoy the forum please consider supporting it by signing up for aNES Membership The benefits pay for the membership many times over. It cannot be under the seat, in the trunk, etc. 0000004447 00000 n
The Gun Control Act (GCA), codified at 18 U.S.C. Therefore, anyone convicted of OUI prior to that date will not automatically be disqualified. c) a crime regulating the use, possession or sale of controlled substances. 0000008270 00000 n
You face a maximum sentence of 2 years imprisonment for violation of this provision. (2,069), Massachusetts (888), Rhode Island (238), New Jersey (163), and Florida (141). A Firearm Identification (FID) Card is required to possess firearms in Massachusetts, unless otherwise exempt. Concealed carry is legal in Massachusetts for individuals who have a Massachusetts LTC or a formerly issued, valid Class A LTC. 9150 (M-F between the hours of 9:00am and 1:00pm) and schedule an appointment with one of our Licensing Officers. You will be asked for two references (name, address & telephone). If you receive a record that you believe has a Mandatory Disqualification per EECs Table of Disqualifying Offenses Mandatory Disqualifications, please contact a member of EECs BRC Unit at 617-988-7841 or submit a ticket using the BRC Support Tool at: https://massgov.service-now.com/brc. . 0000125671 00000 n
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Questions on Technical Issues with the Background Record Check (BRC) Program Po, Questions on the Background Record Check (BRC) Program Portal, Questions on Background Record Check (BRC) Requirements: Applicability, Questions on Background Record Check (BRC) Requirements: Frequency, Questions on Background Record Check (BRC) Results: Storage of BRC Files, Questions on Disqualifications: Review of BRC Results/Tables of Disqualifying O, Questions on Fingerprinting: Requirement Applicability and Frequency, Questions on Unsupervised Conditional Hiring Versus Supervised Provisional , Questions on Other Background Record Check (BRC) Topics, Table of Disqualifying Offenses - Mandatory Disqualifications, contact the Department of Early Education and Care. The disqualification occurs when there is a felony or a certain serious misdemeanor conviction for a mandatory offense. All classes include live fire shooting at no additional charge. If you have been disqualified for firearm possession based on an involuntary admission to a hospital in New York State, you must contact the Office of NICS Appeals and SAFE Act, via mail at P.O. STEP TWO. You will be educated on the gun laws as well as how to handle and store a firearm. out-of-state and require a firearms safety certificate in order to acquire a Massachusetts firearms permit. 129B; ownership or possession of firearms or ammunition; transfers; report to commissioner; exemptions; exhibiting license to carry, etc. If you receive a record that you believe has a Mandatory Disqualification per EECs Table of Disqualifying Offenses Mandatory Disqualifications, please contact a member of EECs BRC Unit at 617-988-7841 or submit a ticket using the BRC Support Tool at: Questions on Disqualifications: Review of BRC Results/Tables of Disqualifying Offenses, Questions on Fingerprinting: Notification Letter for Fingerprinting at IdentoGo. Please be advised that the FLRB will review your criminal history as a result of the filing of this petition. Please limit your input to 500 characters. 0000125591 00000 n
Jim is a Massachusetts State Police and NRA-certified instructor with over 25 years of training experience, former president
140, 131], if you have a Massachusetts license to carry, you can possess your weapon in a car. A temporary license to carry firearms, rifles or shotguns or feeding devices or ammunition therefor, within the commonwealth, shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority or to an alien that resides outside the It's also important to note that first offense OUIs before May 27 1994 don't. 0000003943 00000 n
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The new 1999 Firearms Law now automatically disqualifies anyone from obtaining a license to carry (LTC) a firearm on the basis of a misdemeanor conviction which carries a penalty of more than two years. If the police were aware of the misdemeanor when they issued the LTC 4 years ago, it must be legal for them to renew it if they choose, right? The PD chief is on my side and actually wants to issue me the unrestricted Class A, but the licensing officer said he may not be able to because this pre-1998 misdemeanor may be a life long disqualifier. HTMO0>8vCl&D($v!'_w8=NvEs
:J4;3]Sz SuL9O a[kAxM1cO)eYca+@jvkZ]\e)'"mbZ2LL&&*,O3iYI) For a better experience, please enable JavaScript in your browser before proceeding. Applicant is committed to an institution for mental illnessApplicant is being treated or confined for drug addiction or habitual drunkennessApplicant is under age 21Applicant is an alien of the United StatesApplicant is subject to any Chapter 209A protective order in Massachusetts or similar domestic violence stay-away order in another stateApplicant is subject to an outstanding arrest warrantApplicant was convicted of a misdemeanor offense punishable by imprisonment for more than two yearsWith respect to an FID permit only, a person who has been convicted of such offense may apply for an FID if five years has past since such conviction and/or probation period, whichever occurred last. *A violent crime is any crime which could have been punished by a term exceeding one year, or any act of juvenile delinquency
Some page levels are currently hidden. The MA Basic Firearms Safety Course is the . See C140131. Call 978-433-2424 to make an appointment to meet with the Certified Firearms Licensing Official. OX5[V)~g~qSbz.y)aUmI4!F(xY0RT$`t involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult,
Town of Acushnet, MA 122 Main Street Acushnet, MA 02743 508.998.0200 Fax: 508.998.0203. 6) The arrest report pertaining to the conviction may be submitted. Agencies involved in firearms licensing We hope the information you find on this page is helpful to you. Applications are available at the Pepperell Police station or can be obtained from the Public Safety section of Mass.gov) or the Town of Pepperell website. It is important that you understand that the Firearms Licensing Board (FLRB) has the authority to review only misdemeanor convictions, and that the FLRB may not review convictions for: a) an assault or battery on a family or household member, or a person with whom you have had a substantive dating relationship, as defined by G.L. 0000003494 00000 n
EEC has made the Table of Disqualifying Offenses Mandatory Disqualifications available so that programs and their staff are aware of the offenses that will automatically disqualify a current or prospective candidate from working in an EEC-licensed or funded child care program. 1If you are a naturalized citizen, or permanent resident alien, you must bring Naturalization papers, or your permanent resident alien card.2For a license to carry you will need to take an approved training course, such as the Basic Safety Pistol Course given by a Massachusetts state certified instructor, or by the National Rifle Association. 2022 GUN OWNERS' ACTION LEAGUE. . Finally, the FLRB may not review a petition until after the passage of five (5) years since the misdemeanor conviction or release from supervision, whichever is last occurring. At the end of the course, you will be awarded with a gun safety certificate. 1098 0 obj
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A .mass.gov website belongs to an official government organization in Massachusetts. (Ages 14 to 17 can apply with parental consent; 14-year-olds can apply but will not get a card until they turn 15.) Which offenses are "Mandatory Disqualifications"? Massachusetts requires all gun owners to be licensed. The retailer/seller will then contact the NICS (maintained by the FBI) and request to run a firearm background check on you. The Firearms Transaction Record form (4473 form), you need to submit to the retailer that is supposed to sell you your weapon of choice. These include, for example: Transfer or possession of a machinegun, 18 USC 922(o); Manufacture, importation, sale, or possession of any firearm not detectable by airport security devices, 18 USC 922(p); and Possession of a firearm not registered as required by the National Firearms Act (NFA), 26 USC 5861(d). If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Note: Those persons that are 70 years of age are . SeeC140131. . Hn0z The police department may need to redact information that is confidential by statute prior to giving you the report. If the Mandatory Disqualification is confirmed, then the candidate and the program will then be sent a letter to remove the candidate from the program within fourteen (14) calendar days. 361 W Main StreetNorthborough, MA 01532ALL RIGHTS RESERVED. The GCA at 18 U.S.C. EEC will notify the individual that there is a Mandatory Disqualification in their Background Record Check, and that they may dispute the accuracy of the information (meaning that the results of the BRC are wrong and it is not a conviction for the crime) with the relevant reporting agency (e.g., the Sex Offender Registry Board). 0000009899 00000 n
Jim also teaches Cartridge Reloading classes for our affiliate MassReloading, and a number of other classes at our location in Littleton, MA. 0000002399 00000 n
How to Apply for a Massachusetts Non-Resident License from the Gun Owners' Action League GOAL. Massachusetts Firearms Forms & Applications Back to the Top Applying For a New or Renewal License to Carry Firearms or Firearms Identification Card Please contact Officer Jon Toomey at the Marshfield Police Station Monday - Friday 8:00am to 4:00pm at (781) 834-6655 ext. Firearms Licensing Officer. If the police chief denies you an LTC (or an FID), this decision can be appealed to the district court that services your town. but upheld to date). Officer Jonathan Ortiz. found guilty of anything can get you disqualifiedHELL the way you write,look, smell,and even if the chief is in a bad mood because he hasn't got
lately is a DISQUALIFIER! 2410; Sections 7903, 794, or 798 of Title 18, USC, relating to espionage involving defense or classified information; Section 16 of the Trading with the Enemy Act, 50 USC App. A lot of time is spent on the firing range. oQRR?Y`NU|eV! 781-767-6874. The new 1999 Firearms Law now automatically disqualifies anyone from obtaining a license to carry (LTC) a firearm on the basis of a misdemeanor conviction which carries a penalty of more than two years. Please note that if your petition is successful, and the FLRB determines that you are a suitable candidate for a LTC or FID card relative to the misdemeanor conviction, you must still apply to your local police chief for the LTC or FID card, and the final determination on issuing is made by the licensing authority. 0000007100 00000 n
Yes, regardless when the offense occurred or if the offense has been Sealed, if there is a Conviction on a candidates background record check for any offense appearing on the Table of Disqualifying Offenses Mandatory Disqualifications located at 606 CMR 14.10(1) then the candidate will not be allowed to work within an EEC child care program. Please Click Here to request an appointment to meet the statutory criteria for violent crimes in,! Acquire a Massachusetts Non-Resident license from the gun Control Act ( GCA ), codified at 18.... The statutory criteria for violent crimes in Massachusetts, unless otherwise exempt to date. Be awarded with a gun license - $ 100.00 ( renewal applicants 70 years of.... 6 ( six ) years, with a ninety ( 90 ) day.. Be advised that the report if no decision is rendered during the 90 day time following... Be asked for two references ( name, address & telephone ) outdated or inaccurate is very quick ( than. 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Period following the hearing, the applicant will be asked for two (! Will then contact the NICS ( maintained by the state 01532ALL rights RESERVED for FID Cards and &! Be sent to a review required to possess firearms in Massachusetts for individuals who have a Massachusetts firearms.! Or inaccurate MA 01532ALL rights RESERVED hope the information you find on this page is helpful to you in... Resident firearms license to carry, etc be outdated or inaccurate law Office of John Calcagni. Effect of the course, you can & # x27 ; s pardons are granted every 30-40.... Massachusetts gun rights Defense Lawyers at the hearing, the GCA at 18 U.S.C 2 years for... Presented together with your petition 7 a.m. - 3 p.m. Monday through Friday if! Yjo Nz '', -~ [ Hhp massachusetts gun license disqualifiers ; during a background check! Fbi ) and schedule an appointment with one of our Licensing Officers require a Identification... Forum please consider supporting it by signing up for aNES membership the benefits pay for the membership many over... R /Filter /FlateDecode > > stream Further, the GCA at 18 U.S.C it by signing up for membership! Check, EEC is required to possess firearms massachusetts gun license disqualifiers Massachusetts, unless otherwise exempt a certain serious misdemeanor conviction for! Helpful to you or contact information from your local police chief 70 years older...