Tyrone Calloway, who claimed he was a private investigator, failed to accurately complete his LTC application. Specifically, he answered “no” to “question 10,” which asks if he had ever previously appeared in court as a criminal defendant.
The Quincy, Massachusetts Police Chief denied Calloway’s LTC Application, alleging that he was untruthful in filling out the application. The Quincy Police Department investigated Calloway’s responses and they found that he had actually appeared as a criminal defendant 5 times in Massachusetts and once in New York.
In accordance with G.L. c. 140 § 131, Calloway filed a petition for judicial review in the Quincy District Court. He was not represented by counsel and Judge Coven ruled against Calloway and in favor of the licensing authority. Calloway filed for 4 motions for reconsideration, again without a lawyer, and all of motions were denied.
Calloway tried to appeal in Norfolk Superior Court. However, he made numerous substantive and procedural errors such that he forfeited his right to appeal the District Court’s decision to uphold the License to Carry denial. The Massachusetts Appeals Court ruled that “[a]n action that ends in a final judgment from which no appeal was taken cannot be resurrected by bringing an entirely new (and late) action in the Superior Court-as Calloway sought to do here…” The Mass. Appeals Court affirmed the Superior Court’s denial of Calloway’s appeal.
The outcome in this case shows how important it is to have legal representation if your License to Carry Firearms Application is denied or your LTC is suspended or revoked. This case also demonstrates the importance of correctly answering “Question 10.”