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CWOF and CORI check

Discussion in 'Massachusetts Laws' started by Voyager2, Mar 11, 2009.

  1. Voyager2

    Voyager2 New Member

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    Hey all, I will soon be completing the Firearms Safety Course and completing my application for a Class B LTC b/c the COP in my town apparently will only issue first time B's. In 2005, I was charged with an OUI and accepted a CWOF plea b/c at the time it seemed like the easiest/least expensive way out. I understand that depending on how the law is interpreted by the COP in my town this could at worst be seen as a guilty verdict rendering me DQ'ed, and at best I would be legally qualified, but the final "suitability" decision will be up to the COP's discretion. I was also arrested once for driving with an expired registration and had a court date for that.

    I have a couple questions about preparing the LTC application:

    1) Would contacting the Criminal History Systems Board and receiving a copy of my CORI history be beneficial for me? I'm thinking this will assist me in preparing for question 10 (list all court appearances) on the app. Is the CORI report similar to what the Chief of my town will pull when reviewing my app?

    2) Provided I receive the accurate CORI information, would I still be best served by obtaining lawyer services to assist with my app? I'd like to go for an FID if I get denied for the LTC Class B. I understand that there is some question as to whether getting an FID with CWOFs is a "trap" or not. I've read on this forum that if you are convicted of a felony and receive an FID, you are commiting another Federal Felony by purchasing a shotgun.

    I have a sinking feeling that by not fighting the OUI case, I've basically forfeited my 2nd Amendment rights in MA. But, I guess you reap what you sow. Any input from folks in the know on these scenarios would be GREATLY appreciated. I guess the gist of this is I'm trying to determine whether I'm throwing money away on this seemingly fruitless quest or whether there may be a shred of hope for at least an FID so I can shoot some clays/duck legally with a shotgun.

    TIA, V2
     
    Last edited: Mar 11, 2009
  2. jdubois

    jdubois NES Member

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    Yes.
     
  3. lord1234

    lord1234 Member

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    Texas. See ya later Suckachusetts
    3 words:
    call a lawyer
     
  4. Voyager2

    Voyager2 New Member

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    Whats the ballpark cost of application assistance?

    Just throw a number out there.
     
  5. jdubois

    jdubois NES Member

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  6. jdubois

    jdubois NES Member

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    [double post, mods please delete]
     
  7. Rob Boudrie

    Rob Boudrie NES Member

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    My guess is 1-2 hours at $250/hour for office work, much more if you need an in-person appearance by the attorney.
     
  8. Half Cocked

    Half Cocked Member

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    Operating with a expired registration is a civil offense which carries a $100.00 fine. I do not think you were arrested for that.

    Was there more to this that is not being disclosed? My guess is that you were arrested for other charges as well.
     
  9. cricco

    cricco Member

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    You can also be charged criminally for operating after suspension/revocation of registration. However, you are correct in that it is NOT an arrestable offense.
     
  10. Voyager2

    Voyager2 New Member

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    I believe I was arrested for a warrant that had to do with the unregistered vehicle. This happened in Western MA awhile ago, so the details are cloudy. I'm requesting my CORI history today, so I'll know the full extent of how bad a guy I am in 7-10 business days.
     
  11. Rob Boudrie

    Rob Boudrie NES Member

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    You can get the FID - it's non-discretionary. As to the wisdom of your decision - it depends on the state's case, and the amount of lawyering you could afford. If you had gone to trial and lost you would have been a prohibited person for life in MA (and, I think, federally) so your decision may have been the best one - especially if you took the breath or blood test. If you're arrested for DUI and are guilty, it's worth the license suspension to refuse the test since the jury will not be told the reason for the absence of the test, and that they may draw no inference from that, and should judge the case on the other factors. With a good lawyer, you'll end up with jurors thinking "I'd want a breath test to prove my innocence if I were accused of DUI" and may beat the rap.
     
  12. Voyager2

    Voyager2 New Member

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    I refused the test back at the State Police barracks...mainly because I had passed not one, but two field sobreity tests on location of the arrest.

    Anyway, I digress. When the CORI check comes back, I'll have an idea of whether my disposition was CWOF or CWOF+ASF. I took a peek at my probabation sheet which mentions CWOF, but does not refer anywhere to +ASF. I'm hoping this isn't inferred by default. Either way, it sounds like it will come down to suitability with my COP.

    Let's say I prepare the application with a lawyer and submit it. If the COP decides that I'm unsuitable, do I get any face time with him or is it until I'm deemed suitable that we don't see each other in person? I spoke with a WONDERFUL woman at G.O.A.L. who gave me hope that this would work out and seemed to believe that I would be able to make a statement about my character before the Chief of Police.

    Also, FID...How would I go about finding out whether I am FEDERALLY DQ'ed from owning a shotgun? I've read some quite scary posts about FID being a trap that could land you in the big house.

    Thanks again guys for all the responses...just trying to weigh my options here and not drop $1000+ if this thing sounds like pure folly to begin with.

    V2
     
  13. appraiser

    appraiser NES Member

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    a CWOF is not a statutory disqualifier because there was no conviction, but it can be used as a suitability disqualification if the licensing official feels like it.

    Funny thing is that as far as the insurance companies are concerned a CWOF is leagally the same as a conviction.

    Federal disqualification? do you have any drug convictions?

    http://www.mass.gov/legis/laws/mgl/140-131.htm

    has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;
     
    Last edited: Mar 12, 2009
  14. M1911

    M1911 Moderator

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    Best way is to retain a competent lawyer, as described above. You'll probably want a copy of your CORI prior to speaking with the lawyer.
     
  15. Half Cocked

    Half Cocked Member

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    The OP's registration was not suspended or revoked it was expired. Big difference.
     

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