Denied LTC for 1995 DUI

[normh001]

Live in Saugus, Ma and was denied a LTC for my 1 and only conviction a DUI liquor in 1995. Officer said any alcohol or drug related conviction in Ma post 1994 is grounds for disqualification. Should I appeal?

 

[late08]

Probably your best bet.....

http://www.northeastshooters.com/vbulletin/massachusetts-laws/19145-massachusetts-lawyers-specializing-firearm-law.html

 

[drgrant]

Live in Saugus, Ma and was denied a LTC for my 1 and only conviction a DUI liquor in 1995. Officer said any alcohol or drug related conviction in Ma post 1994 is grounds for disqualification. Should I appeal?

After May 27, 1994 the law changed and anyone getting an MA based DUI conviction after that date was rendered a federally prohibited person.

Sorry to be the bearer of bad news, but you're pretty much ****ed unless you can get the conviction overturned somehow or get a pardon.

-Mike

 

[Jason Flare]

After May 27, 1994 the law changed and anyone getting an MA based DUI conviction after that date was rendered a federally prohibited person.

Sorry to be the bearer of bad news, but you're pretty much ****ed unless you can get the conviction overturned somehow or get a pardon.

-Mike

Can he get an FID?

 

[jasons]

Was the conviction in MA? This is key....

 

[drgrant]

Can he get an FID?

Maybe, but it'd be pretty much worthless as he'd still be a federally prohibited person unable to legally own firearms. This is called the "FID felony trap".

-Mike

 

[Fixxah]

Can he get an FID?

Doubt it.

-Proud to be dad every day, a licensed plumber most days, and wish I was a shoemaker on others.

 

[Jason Flare]

Doubt it.

-Proud to be dad every day, a licensed plumber most days, and wish I was a shoemaker on others.

So with an 18 year old DUI conviction he can't legally defend himself with pepper spray?

 

[jasons]

So with an 18 year old DUI conviction he can't legally defend himself with pepper spray?

He could still get a restricted FID, but yeah it's pretty ridiculous.

 

[Mass Firearms]

He qualifies for a FID but may have federal issues.

 

[M1911]

Can he get an FID?

I believe that the answer is yes, but if he actually uses it to purchase or possess a gun or ammunition that he would be committing a federal felony.

 

[Mikel131]

Was it a conviction or was CWOF

 

[M1911]

Was it a conviction or was CWOF

Yes, that is very important.

 

[jasons]

He specifically said "conviction." He just didn't say where.

 

[CockedAndLocked]

After May 27, 1994 the law changed and anyone getting an MA based DUI conviction after that date was rendered a federally prohibited person.
......

I don't live in MA nor ever charged with anything, so this doesn't affect me. However, I am confused by an MA DUI being a federal thing. Also, is this typical in other states?


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[Rob Boudrie]

I don't live in MA nor ever charged with anything, so this doesn't affect me. However, I am confused by an MA DUI being a federal thing. Also, is this typical in other states?


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It is not typical, and MA may be the only state.

1. As of the date in 1994, a first offense DUI in MA has a maxmium penalty of 2.5 years

2. Under 18 USC 922(g), a felony for the purposes of firearms disability is any crime characterized by the state as a felony, or misdemeanors punishable by more than 2 years imprisonment, with the exception of violation of anti-trust and restraint of trade laws.

And yes, I am certain that not only is it a federal DQ, but it is reported to NICS as a disqualifier, and the feds will not recognize a MA FLRB restoration of rights, since you are not having your "civil right to vote" restored.

The 2.5 year misdemeanor is very common in MA, and is sometimes referred to as a misdafelony.

ps: There is no time limit on when one may apply to the FLRB for review. A successful FLRB petition is not a licensing appeal, but a restoration of rights under MA law. Pay attention to the interaction with the federal law to understand how limited the FLRB relief actually is.

 

[Mr. Brownstone]

I don't live in MA nor ever charged with anything, so this doesn't affect me. However, I am confused by an MA DUI being a federal thing. Also, is this typical in other states?


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In 1994 the potential sentence for DUI became 2 1/2 years. Even though no one has probably done any jail time for a first offense dui, the potential sentance is there.
Question 11C on the form 4473 asks:

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 than one year, even if you received a shorter sentence including probation?

If you have a MA dui after May 27, 1994, answer is yes, and you are federally prohibited.

 

[CockedAndLocked]

Dear God!

For 20+ years I have told my wife I will not move to her home state of MA.

Now I'm afraid to live near MA.

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[Palladin]

spread the word...make sure everyone you know understands this.....one DUI conviction and not only is your LTC in MA gone, you could move to NH and still be a prohibited person !!

 

[xtry51]

There's a lesson here. Never live in MA.

 

[M1911]

There's a lesson here. Never live in MA.

And don't drink and drive in MA.

 

[xtry51]

And don't drink and drive in MA.

Just gonna point out that it doesn't take you actually drinking for a cop to charge you with it.

Is that alcohol I smell sir?....

Hell, plenty of diabetics with low sugar have been mistaken for drunk drivers.

 

[M1911]

Just gonna point out that it doesn't take you actually drinking for a cop to charge you with it.

Is that alcohol I smell sir?....

Yup. http://www.nytimes.com/2013/01/03/u...h-trooper-of-falsifying-dui-arrests.html?_r=0

 

[Knuckle Dragger]

There's a lesson here. Never live in MA.

No.

And don't drink and drive in MA.

This. The problem is even more pronounced for non-Mass residents who are are convicted of OUI in MA. At least a MA resident has available to them the fig leaf of rights restoration through the FLRB. A non-resident does not.

 

[xtry51]

Yup. http://www.nytimes.com/2013/01/03/u...h-trooper-of-falsifying-dui-arrests.html?_r=0

Exactly. Tip of the iceberg too I bet.

 

[TLB]

Ms Steed needs some jail time after a tattoo artist puts "dirty cop" in block letters on her forehead.

 

[Mr. Brownstone]

This. The problem is even more pronounced for non-Mass residents who are are convicted of OUI in MA. At least a MA resident has available to them the fig leaf of rights restoration through the FLRB. A non-resident does not.

My understanding is that FLRB may restore rights to LTC but not with NICS, hence still prohibited person.

The federal government does not recognize the restoration of 2A rights by the FLRB. There are people in Massachusetts who have post '94 OUI convictions, have sought and received FRLB relief, have an LTC and are still federally prohibited. They cannot pass a NICS check, even after having pursued the UPIN and VAF routes. We know this to be true and have fully tested it.

From this thread:
http://www.northeastshooters.com/vbulletin/comm2a/176964-dui-oui-deal-breaker-4.html

 

[Knuckle Dragger]

My understanding is that FLRB may restore rights to LTC but not with NICS, hence still prohibited person.

Correct. My point is that non-residents can't even go through the motions of state-level restoration.

 

[xtry51]

This ridiculousness is exactly why there should be no such thing as a PP or any other federal gun laws that clearly violate the constitution.

 

[exo]

This ridiculousness is exactly why there should be no such thing as a PP or any other federal gun laws that clearly violate the constitution.

+1. Though strictly speaking, by any plain reading of the constitution, ALL gun control laws violate it.