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denied for an ltc
- Thread starter Rifling
- Start date
I would be very careful here.
The mere fact he is eligible for a FID due to the 5 year "look back" period elapsing does not ensure his eligibility under Federal law.
He should determine if he is in fact a FPP prior to applying, as MA will issue FIDs to FPPs, but that will not prevent, nor serve as a defense to, Federal prosecution under 18 USC 922(g)(1).
The mere fact he is eligible for a FID due to the 5 year "look back" period elapsing does not ensure his eligibility under Federal law.
He should determine if he is in fact a FPP prior to applying, as MA will issue FIDs to FPPs, but that will not prevent, nor serve as a defense to, Federal prosecution under 18 USC 922(g)(1).
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Was the crime he was convicted of a felony or a misdemeanor?
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If it was non violent have him call Comm2A but he is SOL for the foreseeable future and should not apply unless he was convicted of a felony anti-trust violation.
The issue isn't what he was charged with. The issue is whether he was convicted and if so, the charge for which he was convicted.
As M1911 said, the determinative factors are:
1. Whether or not there was a conviction; and
2. Whether the charge was a misdemeanor or felony
Generally, conviction of a felony with a potential penalty in excess of one year incarceration (or a misdemeanor with a potential penalty in excess of two years incarceration), regardless of the actual penalty imposed, renders one a FPP*.
*unless, as terra noted, the conviction was for a "...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..." (18 USC 921(a)(20)).
1. Whether or not there was a conviction; and
2. Whether the charge was a misdemeanor or felony
Generally, conviction of a felony with a potential penalty in excess of one year incarceration (or a misdemeanor with a potential penalty in excess of two years incarceration), regardless of the actual penalty imposed, renders one a FPP*.
*unless, as terra noted, the conviction was for a "...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..." (18 USC 921(a)(20)).
I understand what you mean I was just here trying to help out a friend who has the same love of guns as I do but ill try to get some more info and post it for a better chance of some answers for him.
