DUI/OUI a deal breaker?

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Is a MA DUI/OUI (whatever they call it here) a done deal as far as LTC is considered? As I understand it, a DUI conviction in MA is made into a federal prohibition of possessing a firearm. Apparently a convict could still get a an FID card but would be permanently ineligible to actually buy or possess a firearm. The person in question was under 21 at the time of the offense about 6 years ago, has since done his time, has his license back and did not actually spend any time in jail (community service etc...). Any chance for this guy? Why the ability to procure an FID even though he can't possess?
 
If one has an MA-based DUI conviction was after May 27, 1994, you're pretty much ****ed. (ETA: in careful reading of the OPs post.... 6 years isn't anywhere near this, so if he was convicted, he's SOL. )

I've bolded the word CONVICTION because it is very important. A CWOF (what well represented people usually get, if they're not dumb enough to blow into the breathalyzer) is not the same as a conviction in most cases. This is definitely "you need to talk to a gun lawyer" territory unless the conviction is post May 94, in which case you might as well not waste your time.

-Mike
 
He should get himself FLRB review and have his rights restored.

What about that issue with the feds not recognizing the restoration (eg, for NICS purposes...) has that been resolved yet? (It's also very possible I'm confusing this issue with something else related.... )

-Mike
 
What about that issue with the feds not recognizing the restoration (eg, for NICS purposes...) has that been resolved yet? (It's also very possible I'm confusing this issue with something else related.... )

-Mike

It's related, but he should still get the FLRB relief and then sit tight and call us. Sorry, I forgot that little tid bit.
 
Is a MA DUI/OUI...
If one has an MA-based DUI...

Sorry to hijack but what if someone was found guilty of a DUI/OUI/DWI in another state and now lives in MA? Is it only a MA DUI that can get you federally prohibited from obtaining an FID in MA. I always thought it was any DUI but now reading the OP and Mike's post I think I might have given some bad info in the past. Thanks
 
Sorry to hijack but what if someone was found guilty of a DUI/OUI/DWI in another state and now lives in MA? Is it only a MA DUI that can get you federally prohibited from obtaining an FID in MA. I always thought it was any DUI but now reading the OP and Mike's post I think I might have given some bad info in the past. Thanks

It's only a MA OUI. MA is one of a handful of states that have >1 year misdemeanors and is the only one that has 2.5 yr misd. sentences without some form of enhancement to get over 2 years.
 
I'll clarify with him on the Conviction vs CWOF part. He was under 21, but over 18, which I suppose makes the matter worse rather than better. Does this preclude him from handling/shooting firearms under the direct supervision of a licensed individual? For example a NRA class or a trip to the range with friends etc....
 
The powers that be had been trying to eliminate the CWF from the record. This was to allow for tougher sentencing.

No cite and might not have made it anywhere, just remember it from the MSM.

-tapatalk and Devin McCourty blow chunks-
 
I'll clarify with him on the Conviction vs CWOF part. He was under 21, but over 18, which I suppose makes the matter worse rather than better. Does this preclude him from handling/shooting firearms under the direct supervision of a licensed individual? For example a NRA class or a trip to the range with friends etc....

He is a federally prohibited person and he can't touch a gun or ammunition, even if he is under the supervision of a licensed gun owner.
 
The powers that be had been trying to eliminate the CWF from the record. This was to allow for tougher sentencing.

No cite and might not have made it anywhere, just remember it from the MSM.

-tapatalk and Devin McCourty blow chunks-

That idea has been floated, but won't fly as it would turn non-convictions into convictions without due process.
 
That sucks so bad. Glad I'm not that guy. Poor bastard. One mistake is all it takes. One hiccup away...

Thanks for the help guys. It doesn't seem like its even worth an attorney.
 
If he gets a waiver from the FLRB then he can work with Comm2A and there might be some relief down the road. He doesn't need a lawyer to do that. Have him talk to Comm2a first.
 
Does anyone have or know of a success story of someone with a 1st offense OUI being granted a LTC after a conviction?

After a CWoF, yes... After a conviction, haven't heard of it, but doesn't mean it can't happen.

BTW, you can get a Continuance Without a Finding (CWoF) for all sorts of things.... not just a OUI.
Use the "Search" feature... there are a couple threads on this.

However when you apply for the LTC you still have to answer "yes" to question #10:
Have you ever appeared in any court as a defendant for any criminal offense (excluding non-criminal traffic offenses)?

They'll want to know all about that.
 
What about that issue with the feds not recognizing the restoration (eg, for NICS purposes...) has that been resolved yet? (It's also very possible I'm confusing this issue with something else related.... )

-Mike

I am aware of at least one person who received relief from the FLRB, obtained his LTC, was denied by NICS, filed the appropriate appeal, and can now pass a background check. This occurred within the past 6 months.




Does anyone have or know of a success story of someone with a 1st offense OUI being granted a LTC after a conviction?

If that is his/her only disqualifying conviction and more than 5 years has passed, they can go before the FLRB. Over the past few years, I have seen numerous people obtain relief from the board and go on to get their LTC's. However, each case is different and there are a variety of factors involved.
 
Does anyone have or know of a success story of someone with a 1st offense OUI being granted a LTC after a conviction?

If you have a CONVICTION you are a Federally Prohibited Person, even if somehow you got someone to issue a LTC, you would never make it past the 4473 form, and if you bought privately and were ever found to be in possession of the weapon or have access to one you are FUBAR'd


There are instances where MA has issued FID cards to people that were Fed disqualified, it is a Catch 22 situation.

If someone has a first time DWI conviction there must have been other charges involved or they had really lousy counsel, or went in pro se and took it up the backside.

99.9% of all first time DWI's are CWOF'd with drunk school, license suspension, and a stiff fine agreed to.
 
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DUI

Sorry to hijack but what if someone was found guilty of a DUI/OUI/DWI in another state and now lives in MA? Is it only a MA DUI that can get you federally prohibited from obtaining an FID in MA. I always thought it was any DUI but now reading the OP and Mike's post I think I might have given some bad info in the past. Thanks

has nothing to do with offense. Potential jail sentence only. 2.5 yrs in mass. It's a state and fed disqualifier. A dui in Ny and NHL will not disqualify you. I don't know about ct.
 
If you have a CONVICTION you are a Federally Prohibited Person, even if somehow you got someone to issue a LTC, you would never make it past the 4473 form, and if you bought privately and were ever found to be in possession of the weapon or have access to one you are FUBAR'd


There are instances where MA has issued FID cards to people that were Fed disqualified, it is a Catch 22 situation.

If someone has a first time DWI conviction there must have been other charges involved or they had really lousy counsel, or went in pro se and took it up the backside.

99.9% of all first time DWI's are CWOF'd with drunk school, license suspension, and a stiff fine agreed to.

This.
 
Fwiw, my dad had a DUI when he was 21, a few years ago applied for his ltca and the COP denied him. My dad took the chief to court and the judge basically laughed in the chiefs face and told him to give him his license.

Sent from my Galaxy Nexus using Tapatalk 2
 
Fwiw, my dad had a DUI when he was 21, a few years ago applied for his ltca and the COP denied him. My dad took the chief to court and the judge basically laughed in the chiefs face and told him to give him his license.

When your dad got that DUI, the penalty for a first time DUI was less than 2 years. As a result, he was not a prohibited person. The law has changed since then and the a first time DUI in MA has a penalty of up to 2 1/2 years in jail. As a result, a conviction (not a CWOF, but a conviction) makes someone a federally prohibited person. So the outcome would be different today.
 
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