Individualist
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I understand that. Point is that the possible sentence isn't realistic. Why not make it 20 years? Its not going to be enforced 99.9% of the time.
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Do I stand a chance
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MisterHappy
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There are people that think it should be.
It comes down to the "compromise": Some say, "You're a drunk driver! Even though you caused no damage, or injury, you're worse than Hitler!" v. the "No damage or injury, no crime," crowd.
This or through the federal courts (not the 1st district though). I don't think amending it to require violence would be much effort. The message, why should you lose your 2nd amendment rights for writing bad checks. There could be no reasnable public safety defense of the statue.
The change in record keeping or the LO might have brought this up but somehow I'm doubting you put it on your application. A pardon from the governor or a change in the laws are your only hope... Not saying I agree with this...then again I know 3 people who have been killed by 3 different drunk drivers. Please speak up if you weren't drunk, maybe it owe you an apology.
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You can get the state to restore your gun rights via the FLRB, however, the feds will still consider you a prohibited person since the restoration did not include restoration of the right to vote, serve on a jury and hold public office (since you never lost those rights).
The problem is the 18 USC 922(g) definition of "felony" is "characterized by the state as a felony, excepting restraint of trade and anti trust violations, or punishable by more than 2 years" .... and MA sets "max 2.5 years" as the possible sentence for a whole s-load of misdemeanors.
The only two ways to get the gun rights back are a governor's pardon (which must explicitly include restoration of gun rights - this is an option on a MA pardon), or somehow re-opening the old case and getting a different disposition entered. And no, I do not know how possible that is. I've never seen it happen, but have heard attorneys talk about the possibility.
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TayNinh_66
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[FONT=Verdana, Arial, Hevetica, sans-serif]Goal has a page answering questions re primitive weapons. FID is not required.[/FONT][FONT=Verdana, Arial, Hevetica, sans-serif]
[/FONT]http://goal.org/masslawpages/primitivefirearms.html
(Remington 700ML will take down any game in NE. Mag dumps are history)
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The problem is that congress specifically directed the BATFE to expend no funds processing "Restoration of rights applications", and there is no procedure for the applicant to pay the expense. SCOTUS ruled that the BATFE could not be forced to act on an application that it refused to accept.
I don't understand how SCOTUS could rule this way. I mean, I've read other decisions that make me intellectually realize that they would and did. It's just so illogical that a fundamental right could be denied in this way
IF the BOP (or a III) comes up with a OUI conviction post-5/1994 in MA, even if the chief/LO/PD clerk "approves" you, FRB will deny the license as statutorily prohibited.
Therefore the OP skated by not due to any errors on anyone's part or any other reason . . . except that the conviction had not been entered in the system from the manual records at that time. Once it was entered, it was treated like "subsequent activity" and an alert goes out to the LO to revoke the LTC and confiscate everything in accordance with law. NICS is also notified so that any attempt to buy something from any FFL in the US will trigger a PP response (possible arrest and federal charges).
Therefore the OP skated by not due to any errors on anyone's part or any other reason . . . except that the conviction had not been entered in the system from the manual records at that time. Once it was entered, it was treated like "subsequent activity" and an alert goes out to the LO to revoke the LTC and confiscate everything in accordance with law. NICS is also notified so that any attempt to buy something from any FFL in the US will trigger a PP response (possible arrest and federal charges).
MisterHappy
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Careful.
BP is OK, no FID required; to purchase in the PRM, you need an FID, but you can go to ME or NH, and buy the stuff legally, ,and possess it legally in Mass.
An in-line muzzle loader is a different beast! If it takes a 209 primer, then an FID is required for possession of the "ammunition " (to wit: the primer).
'Cause MGLs!
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
We've got a lot of keyboard Lawyers in the house!
1) Get a lawyer
2) Who was your lawyer when you got pinched? Did you have one?
3) Did you get a CWOF (continuation without a finding)? OR did you Plead guilty?
4) Did you blow? or Did you refuse & get 6 months mandatory license revocation?
MOST of my Questions are rhetorical - don't answer this on a public forum.
Most importantly, if you have/had a CWoF & were not actually found "guilty" then you have a leg to stand on.
Lawyer up. Hope you did back in 2012. Good luck.
PM me if you want to talk more.
1) Get a lawyer
2) Who was your lawyer when you got pinched? Did you have one?
3) Did you get a CWOF (continuation without a finding)? OR did you Plead guilty?
4) Did you blow? or Did you refuse & get 6 months mandatory license revocation?
MOST of my Questions are rhetorical - don't answer this on a public forum.
Most importantly, if you have/had a CWoF & were not actually found "guilty" then you have a leg to stand on.
Lawyer up. Hope you did back in 2012. Good luck.
PM me if you want to talk more.
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He has already responded that he was convicted, that it was not a CWOF.
It seems odd if this was his first DUI that he would go to trial or plea rather than a CWOF but maybe there was an injury or there was a child in the car, previous arrests, etc that pushed the ADA to not offer a CWOF.
Who knows but as you said, if it was a guilty plea or a conviction, short of a full governors pardon Or getting the court to reverse it, there isn't anything he can do.
If the OP doesn't have the trial information, get the info from the court and make sure you are not confused about the exact outcome. But my guess is the PD who pulled the license didn't pick his name out of a hat.
In God We Trust
NES Member
For future reference to all:
1. Don't drink and drive. If I'm driving, I nurse one drink. It's not worth the loss of money, job and guns.
2. If you DO drive over the limit and get stopped, refuse the roadside tests as well as the breathalyzer.
3. While in the station under arrest for the refusal, STFU, sit down and be quiet.
4. A good DUI lawyer will get you off 99% of the time if you follow the above steps. Expect to pay at least five grand for the lawyer.
It's an expensive night out and not worth it. Call a friend, a cab or walk.
1. Don't drink and drive. If I'm driving, I nurse one drink. It's not worth the loss of money, job and guns.
2. If you DO drive over the limit and get stopped, refuse the roadside tests as well as the breathalyzer.
3. While in the station under arrest for the refusal, STFU, sit down and be quiet.
4. A good DUI lawyer will get you off 99% of the time if you follow the above steps. Expect to pay at least five grand for the lawyer.
It's an expensive night out and not worth it. Call a friend, a cab or walk.
Pretty much everything that need be said. I don't understand the appeal myself. I hate being drunk.. Can't tell you the last time I was. I certainly wouldn't ever have more than a single drink knowing I had to drive. But everyone was young once and make a few mistakes. Sucks that it's a lifetime ban from ownership if you get pinched.
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We don't know the circumstances. Maybe he agreed to the breathalyzer. Maybe he had a lousy attorney. Maybe he plead guilty.
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Not quite everything. The first time refusal results in a 180 day license suspension.
In God We Trust
NES Member
Better than the alternative. Your license is gone either way. That's why point #1 is "don't drink and drive"
If you were convicted of a dui it makes you federally prohibited from getting an ltc. I myself had one. It was continued without finding. Which is ok (not convited). That's how the licensing office explained it to me.
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xtry51
NES Member
This. Stop posting, get a lawyer.
PaulR
NES Member
This could happen, there is a chance that the OP could be Marky Mark.
If this is a post-may-94, MA, DUI, without a CWOF (you actually got convicted), then you're basically screwed for life. If it happened outside of MA you might have a chance. (many other states do not make DUIs into misdafelonies like MA does).
If the DUI is not MA based, get a lawyer. Get a disposition printout from the courthouse where your case was run and
bring it to the lawyer. (the lawyers can get these records, but you will pay them gobs for this service, it's easier to just do it yourself. )
-Mike
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In God We Trust
NES Member
Don't waste your money dude. It sucks that you got hosed by an unfair system, but from what you have said, you are sadly shit out of luck.
I'm not being a smart ass, but maybe take up archery. It's a blast and it's more of a zen thing than shooting.
He can't do private sales anymore. Only have a FFL sell his stuff for him. Having B&K in Natick hold his collection until a lawyer reviews the case would be a good idea before the local PD hauls it off to a bonded warehouse.
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