40 yr LTC Holder; renewal denied last week

[bostonasphalt2]

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.

It's actually an FID that he state May issue you but you could still be a PP

 

[Garys]

Uh, the definition of a felony is a crime punishable by 1 year or more of jail time.

The last time I had to know this stuff, a felony in MA was any crime for which you could be sentenced to a term in a state prison. How long a term doesn't matter, although it used to. You can be sentenced up to 2 1/2 years in a county House of Corrections for a misdemeanor. I believe the ATF considers any crime for which you could be sentenced to incarceration for over a year what makes you a PP.

A first offense OUI in MA is a misdemeanor punishable by up to 2 1/2 in a House of Correction. It's the greater than one year part that causes you to become a PP even though it's not a felony.

 

[LoginName]

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??

Read the fine print...

Question 11.b. - 11.l. Definition of Prohibited Person: Generally, 18
U.S.C. § 922 prohibits the shipment, transportation, receipt, or possession in
or affecting interstate commerce of a firearm by one who: has been convicted
of a misdemeanor crime of domestic violence; has been convicted of a felony,
or any other crime, punishable by imprisonment for a term exceeding one year
(this does not include State misdemeanors punishable by imprisonment of
two years or less) is a fugitive from justice; is an unlawful user of, or
addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any
other controlled substance; has been adjudicated mentally defective or has
been committed to a mental institution; has been discharged from the Armed
Forces under dishonorable conditions;

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

 

[Len-2A Training]

Don, it's already been answered numerous times here.

MA DUI went to 2.5 yrs max in May 1994.

Fed definition of PP includes any crime where the POTENTIAL penalty is >2 yrs jail sentence.

Therefore, MA DUI post May 1994 makes you a Federally PP!

 

[Quiet]

Don, it's already been answered numerous times here.

MA DUI went to 2.5 yrs max in May 1994.

Fed definition of PP includes any crime where the POTENTIAL penalty is >2 yrs jail sentence.

Therefore, MA DUI post May 1994 makes you a Federally PP!

More than 1 year for any felony
More than 2 years for a state misdemeanor.

That's why the change to a 2 1/2 year sentence possibility for DUI matters.

 

[TOM1960]

It's actually an FID that he state May issue you but you could still be a PP

FID is "shall issue". There is no "may issue" about it. He will qualify for FID, so he can possess Mace/pepper spray and the ammunition components needed for muzzleloading hunting/shooting. Muzzleloaders are still legal for felons to possess.

 

[dcmdon]

Don, it's already been answered numerous times here.

MA DUI went to 2.5 yrs max in May 1994.

Fed definition of PP includes any crime where the POTENTIAL penalty is >2 yrs jail sentence.

Therefore, MA DUI post May 1994 makes you a Federally PP!

Thank you for the clarification.

Just amazing.

 

[SClaflin]

Unfortunately this has happened a lot, especially over the past 5 years, it's just not reported or discussed on here. I believe it was really just a matter of the FRB/BOP updating their records used to determine eligibility. 9/10 times that I saw, the person never should have been issued a LTC to begin with (per state law). However, there have been times where the state reported the person was disqualified where the person wasn't. For example, the FRB said that the person was disqualified because of an old alleged pot conviction. However, per the docket sheet, it did not result in a conviction. If the reason for your denial is because you are a statutorily prohibited person, it is always advisable to obtain a copy of the docket sheet(s) and speak to an attorney to confirm (and discuss any options you may have).

 

[n1bsbri]

If the reason for your denial is because you are a statutorily prohibited person, it is always advisable to obtain a copy of the docket sheet(s) and speak to an attorney to confirm (and discuss any options you may have).

And of course post up all the details (including incriminating evidence) in a public forum! YAY!

 

[tk421991]

And of course post up all the details (including incriminating evidence) in a public forum! YAY!

I really don't see why you keep banging this drum when it's already been explained that there's a paper trail going back 40 years that would be MUCH better evidence than a post about "a friend" on some gun forum. Checking the wrong box on a renewal form is a crime in itself.

Also, unless the OP is the person in trouble, this would be hearsay and would probably not make it into pre-trial. For one thing, this is WRITTEN!

 

[drgrant]

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.

Mass has several misdafelonies (misdemeanors with a max of 2.5 yrs) which trigger federal PP status. Worse yet, MA has no expungement mechanism im place, either. The DUI one is the most common.

-Mike

 

[dcmdon]

So the only way to remove the federal PP status is to get pardoned. Right?

 

[Glasgow Grin]

So the only way to remove the federal PP status is to get pardoned. Right?

Yep.

 

[Rob Boudrie]

Mass has several misdafelonies (misdemeanors with a max of 2.5 yrs) which trigger federal PP status. Worse yet, MA has no expungement mechanism im place, either. The DUI one is the most common.

-Mike

The Firearms Licensing Review Board can undo the state PP status of some misdafelonies, however, the feds refuse to abide by this restoration of rights since misdafelons did not lose the right to vote and, therefore, the FLRB relief does not (in the eyes of the BATFE) qualify as a restoration of civil rights.

So the only way to remove the federal PP status is to get pardoned. Right?

Or have the case re-opened and a different disposition entered.

Uh, the definition of a felony is a crime punishable by 1 year or more of jail time.

Nope. The definition for federal PP status under 18USC922g is "classified as a felony by the state OR punishable by more than two years, with the exception of crimes involving anti trust or restraint of trade."

I don't believe that a DUI makes you a PP on a federal level, unless its a felony in your state.

Since 94, first offense DUI in MA carries a max penalty of 2.5 years and is a felony under the PP definition of 18USC922g. I have seen the paperwork from denied NICS appeals in which a MA first offense DUI was the basis of the federal prohibition.

 

[Chevy 2 65]

 

[Wendell]

What are the gun rights of dual national? Are they different than gun rights of US citizen (single national)?

No, not unless they have renounced citizenship.

Say, for example, that "Sam" is a dual citizen, born in Canada (to a Canadian mother and an American father). Say that he is an up-and-comer, a real worker, and he runs for political office in Canada, wins the elections, becomes a cabinet minister, so the Oh-Canada nationalists demand - as a provenance of his loyalty to Canada - that he renounce his American citizenship. His political leadership wants to make the hot potato just go away, so they ask him to just do it, 'Sam" goes along with it, and renounces his American citizenship. "Sam" might be a Canadian cabinet minister, but he now is also a (U.S.) federally prohibited person, forbidden to possess firearms or ammunition in the USA.

"Sam" might not care, but I do.

 

[Lank]

Tell your friend to take the guns, grease the hell out of them, and bring to a storage locker in NH for safe keeping.

- - - Updated - - -

The Firearms Licensing Review Board can undo the state PP status of some misdafelonies, however, the feds refuse to abide by this restoration of rights since misdafelons did not lose the right to vote and, therefore, the FLRB relief does not (in the eyes of the BATFE) qualify as a restoration of civil rights.


Or have the case re-opened and a different disposition entered.


Nope. The definition for federal PP status under 18USC922g is "classified as a felony by the state OR punishable by more than two years, with the exception of crimes involving anti trust or restraint of trade."


Since 94, first offense DUI in MA carries a max penalty of 2.5 years and is a felony under the PP definition of 18USC922g. I have seen the paperwork from denied NICS appeals in which a MA first offense DUI was the basis of the federal prohibition.

Mass is just plain wrong