40 yr LTC Holder; renewal denied last week

tucoperk said:
If he is not a "felon" who the f*** cares. LTC is Unconstitutional to begin with. He can keep all his guns and move and get a lot less hassle or keep them and not move and worry about hassle.
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You missed the boat. Federally, he IS a felon. Moving won't change his conviction in Mass for OUI. Remember that the next time some political hack is screaming for tougher drunk driving laws. Also, remember that those tougher laws are accepted by the public, because of those who keep finding ways around CURRENT drunk driving laws.
 
nickortizzle1035 said:
my old man is having the same issue. had his LTC for years. goes to renew it and gets a call from the local chief telling him that the LTC was denied after having it for about a decade. Chief resubmits the application and my old man gets approved for a FID… apparently it all stems back to a CWOF from the 1970s for possession.
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Not really the same issue, as your father was denied on suitability. CWOF would not statutorily disqualify him from an LTC.
 
Palladin said:
call Comm2A
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I'm a Comm2A supporter and a big fan of what they do, but what would they be able to do? A DUI conviction in MA is a federal DQ. It sucks and it's stupid but it's pretty cut and dried.
 
Glasgow Grin said:
And what? Deny him his LTC?
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That's not what I'm getting at as it's pretty clear that the guy is screwed... if not for the DUI, at least for perjury.

You posted that "figuring out who the guy is would be nearly impossible".

I disagree on that.

All it would take is for someone at the FRB to review denials going back 2-6 months, and have a pretty good chance of pinning the person down.

The OP has already provided enough clues.

Would someone bother, or take the time to do that?

I seriously doubt it. What would be the point?

Could someone do it?

I believe so.
 
LenS said:
Legally he's a Federally and MA PP. His only option (assuming NO other incidents before/after) is to appeal to FLRB for reinstatement of his MA gun rights. He'll likely win that one and then he can re-apply and MAYBE granted his LTC back (unless they hold the application perjury against him). The Feds won't update their database so likely he won't be able to pass NICS, but the Feds did agree NOT to prosecute those folks (with FLRB restored rights) as PPs.
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When was the penalty of oui raised to 2 1/2 years here? I can't recall
 
Garden12 said:
I doubt the police will go back and prosecute him for perjury from a 6 year old application.
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I kind of doubt they would myself, but you never know.

Besides, even if they choose not to prosecute, he can be denied based on suitability for lying.

Depends on if the CLEO is a real hardnose or not.
 
I try to keep up with all the changes in the gun laws, but wasn't the '94 cut-off pushed back to include pre-'94 arrests? Or am I totally wrong here?
 
LoginName said:
That's not what I'm getting at as it's pretty clear that the guy is screwed... if not for the DUI, at least for perjury.

You posted that "figuring out who the guy is would be nearly impossible".

I disagree on that.

All it would take is for someone at the FRB to review denials going back 2-6 months, and have a pretty good chance of pinning the person down.

The OP has already provided enough clues.

Would someone bother, or take the time to do that?

I seriously doubt it. What would be the point?

Could someone do it?

I believe so.
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Trust me when I tell you that the FRB could give a squirrels nuts about your friend or his issues. True story.
 
Quiet said:
If his LTC had only expired, he's just be in violation of a law with civil penalties as long as he kept them in his house and didn't transport them anywhere.
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Partially correct. If he had not been revoked for any reason other than failure to file change of address; not been denied a renewal; and not become a prohibited person, the penalty for any carry on an expired LTC is a civil penalty. There is no need to "keep in house and not transport" to be covered under the civil penalty, rather than criminal penalty, for an expired LTC. Leaving them in the house if one's LTC has expired is a good idea, but not necessary to be covered under that provision of the law.

When is the last time or any time you have ever seen someone sentenced to 2 1/2 yrs in this state? It's all BS. I believe this was just another back door gun grab.
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I doubt that even crossed anyone's mind. "Max 2.5" is a very common max penalty for misdemeanors in MA. Remember, the larger the potential penalty, the easier it is for the DA to force an innocent person to take the plea by threatening to go for jail time.

The real reason is that someone wanted to look tough on OUI.
 
Rob Boudrie said:
Partially correct. If he had not been revoked for any reason other than failure to file change of address; not been denied a renewal; and not become a prohibited person, the penalty for any carry on an expired LTC is a civil penalty. There is no need to "keep in house and not transport" to be covered under the civil penalty, rather than criminal penalty, for an expired LTC. Leaving them in the house if one's LTC has expired is a good idea, but not necessary to be covered under that provision of the law.
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Unless they want to dig deeper and find a criminal charge so they can execute a search warrant and confiscate any firearms the way the did with this guy...

http://www.wbur.org/2012/07/25/massachusetts-gun-laws

http://www.northeastshooters.com/vb...firearms-from-brookline-home?highlight=becker

There's more to this that I can't disclose, but there were other consequences that didn't make the news.
 
HAVE HIM BECOME A MEXICAN CITIZEN, THEN WALK OVER THE BORDER AND STEAL THE GUNS FROM HIS WIFE. NOW HE'S ALL SET, MIGHT EVEN GET A EBT CARD OUT OF IT
 
Here's the kicker. An ltc isn't a real license. Fer real. Fed's don't recognize it. State can give u one, and guess what? You could still be a federally denied individual.
 
NEVER SURRENDER said:
When is the last time or any time you have ever seen someone sentenced to 2 1/2 yrs in this state? It's all BS. I believe this was just another back door gun grab.
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Everyday. School zone mandatory minimum, most ABDW cases that go to trial, etc. Very common. MA needs to ditch the bind over felonies and cap MD at 1 year, and raise the felony larceny amounts to 1000. Also shoplifting over 100 bucks? Fed Prohibited Person
 
LenS said:
Unlike a lot of you, I'm not a big tinfoil user. No need to delete the thread, hide under a table, etc.

He's done and he knows it, it really is that simple. Now he's looking for a way to deal with it legally . . . at least that is what I get from this thread.

Legally he's a Federally and MA PP. His only option (assuming NO other incidents before/after) is to appeal to FLRB for reinstatement of his MA gun rights. He'll likely win that one and then he can re-apply and MAYBE granted his LTC back (unless they hold the application perjury against him). The Feds won't update their database so likely he won't be able to pass NICS, but the Feds did agree NOT to prosecute those folks (with FLRB restored rights) as PPs.
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I don't believe that a DUI makes you a PP on a federal level, unless its a felony in your state.

This is yet another reason not to ever blow. Its better to take the administrative revocaton.
 
dcmdon said:
I don't believe that a DUI makes you a PP on a federal level, unless its a felony in your state.

This is yet another reason not to ever blow. Its better to take the administrative revocaton.
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It doesnt have to be a felony in your state, it can be a misdemeanor with a potential prison sentence over a certain time limit
 
Uh, the definition of a felony is a crime punishable by 1 year or more of jail time.

Also, I'm not talking about state law. I'm only interested in if it makes you a federal PP.

I'm asking this because I'm curious if he moved to a gun friendly state he could get his guns and his rights back.

Remember, Form 4473 asks 2 questions around this:

b. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for Yes Nomore than one year? (See Instructionsjor Question 11.19.) El U 0. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more Yes Nothan one year, even if you received a shorter sentence including probation? (See Instructionsfor Question 11.c.)

On a federal level, if you can answer NO to these questions, you are good to go.

I think . . Len??
 

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