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1967 assault and battery vacated today

nstassel

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Today I was able to get a conviction from 1967 vacated. My client, at 89, decided he wanted an ltc for the first time. Good for him I say. 54 years ago he punched a post office clerk when the guy challenged him to do it. According to him after he was arrested on the warrant he was brought to court and pleaded guilty without being given a lawyer. The sentence was all messed too on the CORI but neither the Commissioner of probation nor the court could locate any records. Only the probation office at the court had their index card.

After I filed a motion to vacate, the DA asked me "why would an 89 year old guy want to own a gun?" I was ready for that one. "Because he's an American and the Second Amendment protects his right to."

Now he'll get his license assuming the chief doesn't come up with a suitability issue. I had already filed the ltc appeal on the grounds that there were no records to support the disqualification but now that argument won't get tested.
 

CATI

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Surprised he did not just try to apply and exclude the past conviction and bet on it not being in the system.(as it seems it was not easily available) Sounds like an honest guy

Assuming this is a typo as missed
sentence was all messed too
 

quiller

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That’s the best news I read all day. Good for him and good for you. Tell him I’ll be happy to take him to the range to try out a few guns....assuming he lives close to or around Harvard Sportmen’s Club in Harvard MA. Heck, I’ll even pick him up and drop him off.
 

nstassel

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Surprised he did not just try to apply and exclude the past conviction and bet on it not being in the system.(as it seems it was not easily available) Sounds like an honest guy

Assuming this is a typo as missed
sentence was all messed too
His sentence was messed up on the CORI as in made no sense. He applied for an LTC and was denied which is why there is an appeal pending.
 
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nstassel

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Surprised he did not just try to apply and exclude the past conviction and bet on it not being in the system.(as it seems it was not easily available) Sounds like an honest guy

Assuming this is a typo as missed
sentence was all messed too
His appeal is still pending on that issue but no longer necessary. Plus it would not fix the NICS issue.
 
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