DUI and ltc's

[dhuze]

I have a question for someone who is moving to Mass.
He is currently building a house in Ma and will need an LTC. He has a DUI from somewhere not Massachusetts. Does this make him a PP or is it only a DUI in Mass?

 

[cbrxx]

The way I understand, depends on what possible sentence the crime calls for in the state he was charged. The wording "Misdemeanors punishable by 2 yrs or more..." is the issue. Of course they can always pull the suitability card.

 

[dhuze]

I don't know when or where he got the DUI. I'm pretty sure he said it was quite a while ago.

 

[MisterHappy]

First, your friend needs to get a copy of the relevant charge, the disposition, and the potential penalty. If it's 2 years, but they were given it suspended, or otherwise reduced, there may be an issue.

Better to have the facts, before applying, so he does not get "DENIED" on the app, which will follow them.

As stated above, suitability is the nest hurdle....if the oopsie was last year, then there may be more of an issue, than if it was a youthful indiscretion 10 years ago.

The important thing is to get the info, applicable at the time, as it is what's relevant. There is, for instance a "cut off date" for DUIs in Mass....before that date, it's not a statutory disqualifuer; after that, it is, because the potential max. sentence was changed.

 

[dhuze]

Thanks. I'll pass it along to him. He was in the Marines so this could have been anywhere. He's going to be disappointed if he can't bring the Glock he just bought with him. It would be worth a fortune in Mass.

 

[whacko]

The way I understand, depends on what possible sentence the crime calls for in the state he was charged. The wording "Misdemeanors punishable by 2 yrs or more..." is the issue. Of course they can always pull the suitability card.

The 2 year thing is a federal thing.....so he'd already be a PP anyway no matter what state he's In

In mass the suitability issue is the problem.

 

[Picton]

Thanks. I'll pass it along to him. He was in the Marines so this could have been anywhere. He's going to be disappointed if he can't bring the Glock he just bought with him. It would be worth a fortune in Mass.

Assuming he can figure out how to get an LTC, nothing is stopping him from bringing a new Glock into MA. The magazines might be a problem, though.

 

[Ultrarunner]

I have a question for someone who is moving to Mass.
He is currently building a house in Ma and will need an LTC. He has a DUI from somewhere not Massachusetts. Does this make him a PP or is it only a DUI in Mass?

I wouldn't stress over it. Tell him to look up the maximum potential penalty for his DUI and if it's less than one year its a non issue. Don't waste money on an attorney for such an easy thing to look up. Obviously disclose it. People worry too much because of the MA Misdafelony, but in most other states it is less serious. Heck, I don't know a single Montanan that DOESN'T have a DUI...

 

[Amputee Marksman]

I guess the best I can say is "it depends".

I got a DUI in MA when I was young and stupid. Even more stupidly I listened to a non-criminal defense lawyer (real estate, tax guy) my parents used and I plead guilty. First time program, AA, 1 year probation, no jail time, lost license for 30 days etc. Clearly on my record forever and no getting rid of it. Fast forward a few years and I want an LTC. I spoke with a well known Firearms Attorney and the local police before applying. In the end I decided to forgo the attorney and go it alone.

I disclosed fully on the application. Explained what happened and the fact I had been trouble free since then. Chief appreciated my honesty and gave me an unrestricted LTC. Of course my DUI was back in the 80s before they got real pissy about them.

Recently spoke with a young guy who has a DUI and was interested in getting an LTC here in town. Called my friend who has been on the force for years here in town. He basically said if the offense was in the last 5 years forget it. No LTC. He said the chief makes you wait 5 years after an DUI. Remember this is second hand and hearsay. I never spoke with the chief or the licensing officer. I got the impression a first time only (1) DUI was not a stopper from the state however the local chief could cause problems (no surprise here).

I would get a copy of the record etc. as others have said and make a phone call to the police and feel them out before applying. If it sounds problematic then hire an attorney. Above all, as others pointed out, be open an honest.

 

[swatgig]

Thanks. I'll pass it along to him. He was in the Marines so this could have been anywhere. He's going to be disappointed if he can't bring the Glock he just bought with him. It would be worth a fortune in Mass.

If he bought the Glock from a dealer, he passed the NCIC background check and is not (should not be) a prohibited person.

In 1994, Massachusetts increased the penalty for an OUI conviction from a max of 2 years to a max of 2 1/2 years. That put it into Federal Felony land. Most states do not have a 2 1/2 year max penalty for OUI.

Note: The most common disposition in Mass is a CWOF, which is NOT a conviction.