Denied LTC for 1995 DUI

[Len-2A Training]

The sources I've read had all said "conviction". Of course there's the ex post facto issue.... but I have no idea how that pans out in court. (eg, is it legal for them to charge you with something, then change the punishment before you get tried?)

-Mike

Not constitutional, but in MA the constitution doesn't count for anything.

If this were legal, after the Marathon fiasco they could have (but never in MA) voted to reimpose the death penalty and then tried the a-hole and execute him. Legally you can't punish someone for a crime more severely than the punishment that existed when the crime was committed.

 

[SBR]

In the speakers panel. They recommend you are a PP if more than 2 OUI in a five year period. So no the look back could be 20 years. For a crime that by statue doesn't make u a PP. I hope this doesn't make it in.

Sbr

Ok from the report

"individuals convicted of two or more DWI/DUIs in a period of five years; "

My point i was trying to make is you could have 3 OUI' s. as long as they were all before 1994 and you are not a PP. But from the report they said what is above. So they will be using crimes from over 20 years that did not make u a PP Now these will make u a PP. Not fed just state. Do they not even know the laws that are already on books???? I would think if you have not been a PP for something 20 years old and you have not reoffended in 20 years whats the issue.
Oh i know it not about common sense it about disarming everyone one straw at a time
They dont care about death if they did almost 200 hundred from H since November 600,000 medical MISTAKE deaths ( thats 1643 people A FXCKING DAY).
Ok have to stop. Blood pressure.
Oh i should be careful. Someday high blood pressure will make you a PP

 

[Rob Boudrie]

Legally you can't punish someone for a crime more severely than the punishment that existed when the crime was committed.

True, however, much of MA policy on this matter hinges in the SJCs refusal to recognize the denial of gun ownership rights as punishment.

There is federal precedent - when the ban on felons owning firearms was put into place, it was not simply for "new felons" but for "all felons" (under the curious 18 USC 922(g) definition), and was thus ex-post facto punishment.

 

[Rob Boudrie]

The verdict had to be rendered by May 27 1994, IIRC. Anything after that is felony land.

-Mike

I think the max penalty is based on the date of the offense, not the verdict. Someone arrested in May 26, 1994 would be subject to the old penalties when his/her case finally made it to court.

 

[Len-2A Training]

I think the max penalty is based on the date of the offense, not the verdict. Someone arrested in May 26, 1994 would be subject to the old penalties when his/her case finally made it to court.

That is the way the law is SUPPOSED to work!

 

[OfficerObie59]

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

To my knowledge, about the only legal reason in which a Federal PP can use an FID card is to buy black powder components.

Falmouth PD is "kind" enough to provide a warning to this effect when they have to issue FID's to Federal PP's: http://www.falmouthpolice.us/docs/Federally Prohibited Person Notification Form.pdf

 

[OfficerObie59]

I think the max penalty is based on the date of the offense, not the verdict. Someone arrested in May 26, 1994 would be subject to the old penalties when his/her case finally made it to court.

Correct. Otherwise it would be an ex-post facto violation.

 

[Rob Boudrie]

Correct. Otherwise it would be an ex-post facto violation.

Sort of NFA34 when felons became PP

 

[OfficerObie59]

Sort of NFA34 when felons became PP

Or kinda like when people with old, long-ago resolved sex offenses had to register when all those Jessica's Laws were passed. The difference is no one feels bad for sex offenders.

The legal distinction is that jail is punishment and thus triggers the ex-post facto clause. Collateral consequences like Federal PP's and sex offender registries are considered public safety measures--not punishment--so the deprivation of rights is incidental and secondary to "protecting" the public. Or so the courts say.

 

[pthomas65]

A friend of mine had a DUI conviction in 1995, he successfully renewed every 4 years until last November where he was DQ'd. Does MA notify the Feds so they can PP him? He has hired a lawyer, just wondering is he throwing away his money?

 

[OfficerObie59]

A friend of mine had a DUI conviction in 1995, he successfully renewed every 4 years until last November where he was DQ'd. Does MA notify the Feds so they can PP him? He has hired a lawyer, just wondering is he throwing away his money?

Over the past few years a lot of records are getting updated electronically from paper docket sheets in the courthouses, and occasionally, they're incorrect.

I'd guess it never showed up on his BOP/CORI report until he tried to renew. I've also heard reports of DCJIS pulling licenses mid-term as records get updated.

 

[pthomas65]

Over the past few years a lot of records are getting updated electronically from paper docket sheets in the courthouses, and occasionally, they're incorrect.

I'd guess it never showed up on his BOP/CORI report until he tried to renew. I've also heard reports of DCJIS pulling licenses mid-term as records get updated.

So how does the "Prohibited Person" designation get entered into his record, does MA notify the Feds?

 

[FrugalFannie]

A friend of mine had a DUI conviction in 1995, he successfully renewed every 4 years until last November where he was DQ'd. Does MA notify the Feds so they can PP him? He has hired a lawyer, just wondering is he throwing away his money?

I would have him contact Comm2A (oh and make sure you donate to them )

 

[Chevy 2 65]

The DUI plenty is horse shit !! as far as getting a LTC, it was 20 years ago to boot. Tell me how that DQ's someone. Why?

 

[MA_Shooter]

Too add insult to injury. (from what I've read) MA won't allow expungement like other states.

 

[SBR]

Too add insult to injury. (from what I've read) MA won't allow expungement like other states.

You are correct unless you are in the country illegally and have committed crimes. You can have your record expunged in order to become a US citizen. (from what I have read, this can be for any offense up to rape. Just not murder) NOW THAT IS A KICK IN THE XSS.

 

[ranvette]

updating paper records and entering them into the system can go both ways.I do know of one court house that seems to may have lost a number of records.I say that because i looked into a few things they claim to have no records of from 25 or 30 years ago

 

[ranvette]

I also noted when i filled out my LTC A application this time around.The local PD wanted to know anytime you had been at a court house.It was not just for disqualifying offenses related to the LTC.Almost like they were looking for you to lie about anything even juvenile related.apparrently that must be there way of trying to get a tip on something that may need further looking into or may have went missing.I also had to sighn that any and everything was listed.And if you lied you could be disqualifyed.

 

[sf22nd]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

 

[dgrafton]

On that note....



IBTB


Sent from my iPhone using Tapatalk

 

[drgrant]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

Oh, here we go...

 

[Triplecove]

I barely read any of this thread

Wow that really adds to the conversation......

 

[OfficerObie59]

So how does the "Prohibited Person" designation get entered into his record, does MA notify the Feds?

Because now the charge making him a Federal PP is now accessible on an electronically retrievable record.

 

[whacko]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

But he didn't kill anyones wife or mother. You see sir........people on this site tend to be on the libertarian side of the house.....you know......TRUE freedom. Punish people HARSHLY for what they ATCUALLY have done......not persecute them for something they might have done. Please explain to me how a one and only DUI conviction 20 ****ing years ago.......and no arrests since should take away a persons 2nd amendment rights?

 

[bostonasphalt2]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

We can tell what side you are on, and it's with the people who need to wear crash helmets to perform everyday activities.

 

[OfficerObie59]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

Just like mass shootings are common.

Remember, great minds discuss ideas, average minds discuss events, small minds discuss people.

 

[rchap36]

But he didn't kill anyones wife or mother. You see sir........people on this site tend to be on the libertarian side of the house.....you know......TRUE freedom. Punish people HARSHLY for what they ATCUALLY have done......not persecute them for something they might have done. Please explain to me how a one and only DUI conviction 20 ****ing years ago.......and no arrests since should take away a persons 2nd amendment rights?

How can anyone take away a god given RIGHT

 

[not new guy]

How can anyone take away a god given RIGHT

Easy:

1. Find enough mothers to fill a camera shot. Recruit elderly moonbats to fill any gaps.
2. Tell them all that your god given right might pose some vague threat to their children somehow.
3. Give them all brightly colored signs, and shuttle them around from publicity event to publicity event (they have nothing better to do). Have some wealthy liberal pay for it all.
4. ...
5. Profit.

 

[OfficerObie59]

How can anyone take away a god given RIGHT

As long as you've been given due process first, the government can take away virtually any right you have. Including your right to your life.

The unalienable right to life, liberty, and the pursuit of happiness were noble sentiments of Jefferson, but weren't much more than that--even in his time.

 

[BattleSnail]

I barely read any of this thread but I just really want to call you an ******* because it's such a common thing for other people's wives or children to be killed by a drunk driver. I don't care how long ago it was you're a piece of garbage.

arent' these the types of blatant personal attacks that usually get someone a vacation? just sayin'