Can I reattain my LTC in MA?

[Outside_Providence]

Almost 6 years ago, I lost my LTC in Mass due to my second DUI. Second offense is a misdemeanor but held a max penalty of 2 years in jail which is why it was revoked. My lawyer said it was at the police chiefs discretion and if I had any close friends in the department, that wouldn’t have happened. I’ve been sober since my arrest and haven’t been in any trouble with the law otherwise. I’m looking forward info on getting my LTC back. I only had a 9mm which I was forced to transfer to a friend (or surrender) but it was a high capacity LTC if that matters.
Thanks in advance for any help!

 

[milktree]

Nope.

And you’re now a federally prohibited person, so you can’t own, possess, or touch guns or ammo anywhere in the USA either.

 

[allen-1]

Almost 6 years ago, I lost my LTC in Mass due to my second DUI. Second offense is a misdemeanor but held a max penalty of 2 years in jail which is why it was revoked. My lawyer said it was at the police chiefs discretion and if I had any close friends in the department, that wouldn’t have happened. I’ve been sober since my arrest and haven’t been in any trouble with the law otherwise. I’m looking forward info on getting my LTC back. I only had a 9mm which I was forced to transfer to a friend (or surrender) but it was a high capacity LTC if that matters.
Thanks in advance for any help!

@milktree's right when he says "And you’re now a federally prohibited person, so you can’t own, possess, or touch guns or ammo anywhere in the USA either."


From the ATF: Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

 

[MachineHead]

it’s pretty much what milktree and Allen-1 have said.

I’m just spitballing here but would there be an avenue where an attorney could file motions to reduce the charges to something non-PP worthy? It obviously depends on the courts and judges, but is something like that unheard of?
Most importantly would a reduction of charges change the initial DUI convictions to remove the PP status?

 

[Nick Leduc]

When/where was the 1st DUI?

 

[milktree]

When/where was the 1st DUI?

Does this matter? I mean, is there a place or circumstances where a second DUI wouldn't be a felony? (carry a sufficiently large potential imprisonment time)

 

[Nick Leduc]

Does this matter? I mean, is there a place or circumstances where a second DUI wouldn't be a felony? (carry a sufficiently large potential imprisonment time)

Kind of going off of @MachineHead post. IF what he had suggested is a possibility (which I have no clue) but swear there was a thread somewhere where someone in MA was able to change the outcome of their DUI.
The reason I was asking about the 1st DUI was curious if OP had to fight two different battles as far as changing outcomes. But I suppose 1st DUI is good to go as OP was issued a license at some point.
But then again, maybe not, as MA is silly when it comes to this shit.

OP: congrats on sobriety. I hope it improved your life.

 

[Nick Leduc]

Looking at OPs profile, he is 34 years old. Which means legal drinking age for him was 2008ish. Which also means both of his DUIs would make him a PP, not just the 2nd one.

 

[MAJoe]

Where were the DUIs? In MA or another state?

 

[milktree]

Looking at OPs profile, he is 34 years old. Which means legal drinking age for him was 2008ish. Which also means both of his DUIs would make him a PP, not just the 2nd one.

Only if the first DUI was in Mass. "outside Providence" suggests Rhode Island, but ... I guess technically Boston is "outside Providence".

 

[nstassel]

You received misinformation and had ineffective representation by the lawyer.

 

[HorizontalHunter]

Nope.

And you’re now a federally prohibited person, so you can’t own, possess, or touch guns or ammo anywhere in the USA either.

Forever, unfortunately.

Bob

 

[Rob Boudrie]

> 2 years is a federal felony for the purpose of PP status. I think the OP was probably subject to "up to 2.5 years", not "up to 2 years" if this was in MA.

 

[Rob Boudrie]

@milktree's right when he says "And you’re now a federally prohibited person, so you can’t own, possess, or touch guns or ammo anywhere in the USA either."


From the ATF: Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

Close but no ceegar. Words do not always mean what they say in laws. 18USC921 has its own set of definitions for use in interpreting 18USC922.

U.S.C. Title 18 - CRIMES AND CRIMINAL PROCEDURE

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—​

​

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or​

​

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less."​

Not that "A" carves out a few felonies from the exclusion.

 

[whacko]

Does this matter? I mean, is there a place or circumstances where a second DUI wouldn't be a felony? (carry a sufficiently large potential imprisonment time)

Nh second dwi is still a misdemeanor and carries up to 1 year prison. So yes it matters.

Fwiw I have a relative that lives in nh.....has 2 dwi Convictions and is not a federally prohibited person...owns a handful of guns and hunts. So basically if the op got his 2 dwis in nh.....its possible......but improbable.....for him to regain an ltc because he's not a fed pp

 

[milktree]

Nh second dwi is still a misdemeanor and carries up to 1 year prison. So yes it matters.

Fwiw I have a relative that lives in nh.....has 2 dwi Convictions and is not a federally prohibited person...owns a handful of guns and hunts. So basically if the op got his 2 dwis in nh.....its possible......but improbable.....for him to regain an ltc because he's not a fed pp

I didn't know that about New Hampshire.

But in this case, the OP stated that his second DWI had a maximum penalty of up to two years, which means "not NH", and therefore "prohibited person", right?

 

[whacko]

I didn't know that about New Hampshire.

But in this case, the OP stated that his second DWI had a maximum penalty of up to two years, which means "not NH", and therefore "prohibited person", right?

I'd say so.

 

[allen-1]

Close but no ceegar. Words do not always mean what they say in laws. 18USC921 has its own set of definitions for use in interpreting 18USC922.

U.S.C. Title 18 - CRIMES AND CRIMINAL PROCEDURE

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—​

​

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or​

​

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less."​

Not that "A" carves out a few felonies from the exclusion.

I know that 2+2=5; but how does a "term exceeding one year" NOT INCLUDE "a term of imprisonment of two years or less"?

I understand that we're both quoting law. I'm just trying to do the math here and failing.

 

[milktree]

I know that 2+2=5; but how does a "term exceeding one year" NOT INCLUDE "a term of imprisonment of two years or less"?

I understand that we're both quoting law. I'm just trying to do the math here and failing.

The word "misdemeanor"

Any crime with a potential penalty more than a year, *EXCEPT* misdemeanors with a penalty less than two years.

 

[Fixxah]

Sucks. But personal respo...

 

[Rob Boudrie]

I know that 2+2=5; but how does a "term exceeding one year" NOT INCLUDE "a term of imprisonment of two years or less"?

I understand that we're both quoting law. I'm just trying to do the math here and failing.

Legal redefinition of what "term not exceeding one year" means. When a law contains a definition of a term, if overrides Webster.

For example in MA a handgun is a firearm, but not a rife or shotgun ... but a Firearm ID Card only you to possess a rifle or shotgun, not a firearm. Figure that out when you are driving on a parkway or parking on a driveway.

 

[Rob Boudrie]

The word "misdemeanor"

Any crime with a potential penalty more than a year, *EXCEPT* misdemeanors with a penalty less than two years.

Or felonies involving anti trust, restraint of trade or business regulation - making one wonder who was owed a favor back in 1968 (corrected, thanks Mildtree).

 

[milktree]

Or felonies involving anti trust, restraint of trade or business regulation - making one wonder who was owed a favor back in 1934.

er... 1968?

 

[Rob Boudrie]

er... 1968?

Yup, not 34. Thanks.

 

[Rob Boudrie]

The word "misdemeanor"

Any crime with a potential penalty more than a year, *EXCEPT* misdemeanors with a penalty less than two years.

Two years or less, not less than two years.

 

[milktree]

Two years or less, not less than two years.

View: https://www.youtube.com/watch?v=0ZEuWJ4muYc

 

[Sauer Grapes]

OP ghosted his thread….obligatory ”Hi Maura!”

 

[Hoover]

Was the OP found guilty of DUI or pled to it? I wouldn’t be surprised if one or both were a continued without a finding or a plea with probation etc. No one is Massachusetts gets anything but a CWOF for a first DUI unless they have an extensive record before it.

Massachusetts district court is mainly a money making scam. They’ll give nearly everyone probation (supervised or unsupervised it’s $50/month going to the courts), charge you court fees, etc. everything is geared toward generating money for the courts.

OP should contact his lawyer or the court and see exactly what the plea or deal was. Can’t give an answer without these details

 

[nstassel]

Was the OP found guilty of DUI or pled to it? I wouldn’t be surprised if one or both were a continued without a finding or a plea with probation etc. No one is Massachusetts gets anything but a CWOF for a first DUI unless they have an extensive record before it.

Massachusetts district court is mainly a money making scam. They’ll give nearly everyone probation (supervised or unsupervised it’s $50/month going to the courts), charge you court fees, etc. everything is geared toward generating money for the courts.

Lots of people get guilty findings for first offense oui. Anyone who loses at trial is convicted, and people do take guilties on pleas especially if there's an accident or some charge concession. They shouldn't accept it but it happens. It's poor advocacy for sure usually.

And probation service fee is now $65 per month for supervised.

 

[Hoover]

Lots of people get guilty findings for first offense oui. Anyone who loses at trial is convicted, and people do take guilties on pleas especially if there's an accident or some charge concession. They shouldn't accept it but it happens. It's poor advocacy for sure usually.

And probation service fee is now $65 per month for supervised.

yeah, if there’s an accident with injury etc. anyone who goes to trial instead of taking a cwof is crazy though. There’s the risk you’ll get convicted and it’s going to cost a bunch for a lawyer and the pre trial court dates will drive a person nuts. Even before COVID going to trial in some districts was probably 18 months wait for a trail date. Have a friend with a DUI case pending now. I believe his arrest date was November or December 2018 and it still hasn’t gone to trial. I believe it’s his 3rd dui so the DA is likely looking for jail time and unlikely to plea to a lesser charge