Legal Question in Criminal Law in Massachusetts

I got pulled over in December. The police officer asked for my registration. I opened my glove box and my canister of pepper spray was there. The police officer asked to see my license to carry (FID card). I gave it to him. The FID card was expired by 2 days.
I told the officer I sent in a renewal application, which, according to MGL c. 140 � 129B(9), gives me a grace period of 90 days after expiration of the card. The police officer confiscated my pepper spray and FID anyway.
Today I received an Application for Criminal Complaint for possesion of mace without an FID card. I called the police department and they say they never received my renewal application... yet, I sent it in at the end of October! I have a copy of the application!!
Will the clerk-magistrate charge me with this crime? How was I supposed to know the police didn't get the renewal application I mailed in? They don't process renewals until the FID card actually expires... which happend only two days BEFORE the vehicle stop. ugh

Asked on 1/29/11, 4:10 pm

Paul Lancia Attorney Paul Lancia

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Go to the hearing with the application and get a status on your app.

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Answered on 2/07/11, 7:49 pm

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