DUI = Loss of LTC ?

[bolt]

asdfg

 

[FreeWillie]

It is. It's just a felony as far as federal firearms law goes.

Well on a federal level you're a "Felon", so you're screwed no matter what MA calls it. You're still a federally prohibited person.

 

[Rob Boudrie]

JHChrist, I never knew this crap. Grrrrrrr

Unfortunately, many defendants don't know either when they take the offered deal - even when they are represented by otherwise competent counsel. The 2.5 year misdafelon 18USC921 issue is obscure and tends to be overlooked by persons who don't deal with this sort of thing regularly.

This is the exact sort of reason why we have the Comm2a Plea Bargain Worksheet for defendants to take to their attorney.

 

[terraformer]

Unfortunately, many defendants don't know either when they take the offered deal - even when they are represented by otherwise competent counsel. The 2.5 year misdafelon 18USC921 issue is obscure and tends to be overlooked by persons who don't deal with this sort of thing regularly.

This is the exact sort of reason why we have the Comm2a Plea Bargain Worksheet for defendants to take to their attorney.

This one...
http://www.comm2a.org/resources/61-massachusetts-plea-bargain-worksheet

 

[wolkiller]

Some people I know have lost thier LTC, others have not. I believe it's up the issuing officer or chief.

i believe this to be true.i got a oui in 91 got my pistol permint when i was 21.i was living in western mass at the time .i then moved to maynard mass and when i went to renew there i was denied a permint.then i moved to leominster mass and they gave me a class a tlc with no retrictions and i have renewed a few time now.i also got my wife to get hers class a just in case they decide to change the law agian.

 

[OfficerObie59]

i believe this to be true.i got a oui in 91 got my pistol permint when i was 21.i was living in western mass at the time .i then moved to maynard mass and when i went to renew there i was denied a permint.then i moved to leominster mass and they gave me a class a tlc with no retrictions and i have renewed a few time now.i also got my wife to get hers class a just in case they decide to change the law agian.

Even with a conviction, you are not *statutorily* disqualified. Your Maynard license either could have been a licensing officer who didn't play close enough attention to the date of the charge or a suitability denial.

In May '94 the punishment for OUI was raised past the statutory 2 year limit on incarceration limit. OUI convictions before May 94 are statutorily disqualled; those before May 94 are not.

 

[OfficerObie59]

Unfortunately, many defendants don't know either when they take the offered deal - even when they are represented by otherwise competent counsel. The 2.5 year misdafelon 18USC921 issue is obscure and tends to be overlooked by persons who don't deal with this sort of thing regularly.

This is the exact sort of reason why we have the Comm2a Plea Bargain Worksheet for defendants to take to their attorney.

I wonder if you can make an ineffective assistance of counsel argument based Kentucky v. Padilla if your attorney doesn't advise you of possible LTC loss--being that it's now recognized as a fundamental right by the courts.

 

[Rob Boudrie]

OUI convictions before May 94 are statutorily disqualled; those before May 94 are not.

I think the first "before" is an "after".

I wonder if you can make an ineffective assistance of counsel argument based Kentucky v. Padilla if your attorney doesn't advise you of possible LTC loss--being that it's now recognized as a fundamental right by the courts.

An interesting thought.

The MA FLRB can, and often does, grant relief to persons with post 94 MA DUIs, but the Feds position is this does not restore gun rights (and will not remove such a person from the NICS no buy list) as the subject never had his right to vote taken away and, as such, a favorable FLRB decision is not a "restoration of civil rights".

 

[OfficerObie59]

I think the first "before" is an "after".

Yup, that's what I meant. Whoops.