Fatal Shooting in Worcester by Westborough LTC holder UPDATE: Guilty of Involuntary Manslaughter! 4-7 Year Sentence with 77 Days Credit.

[Darksideblues42]

When Sam get out of jail can he at least get an fid? I know that in Texas a convicted can own guns as long as they keep it in their house.

No. Absolutely not. Not even true in Texas.

If you are convicted of a felony, or other crime that has the POTENTIAL sentence of more than 2 years (with a couple exceptions for insider trading and such) you are Federally prohibited from touching a firearm unless you are pardoned and that pardon specifically restores firearms rights in addition to all other civil rights.

 

[M1911]

No. Absolutely not. Not even true in Texas.

If you are convicted of a felony, or other crime that has the POTENTIAL sentence of more than 2 years (with a couple exceptions for insider trading and such) you are Federally prohibited from touching a firearm unless you are pardoned and that pardon specifically restores firearms rights in addition to all other civil rights.

Yup, it's a lifetime prohibition.

 

[LakeTrout]

No. Absolutely not. Not even true in Texas.

If you are convicted of a felony, or other crime that has the POTENTIAL sentence of more than 2 years (with a couple exceptions for insider trading and such) you are Federally prohibited from touching a firearm unless you are pardoned and that pardon specifically restores firearms rights in addition to all other civil rights.

I thought the potential of 2 years was MA laws definition of a felony, which would then trigger the federal prohibition based on the felony. I don’t think that was the federal definition. Am I wrong?

 

[Darksideblues42]

I thought the potential of 2 years was MA laws definition of a felony, which would then trigger the federal prohibition based on the felony. I don’t think that was the federal definition. Am I wrong?

You are wrong. That is the Federal terminology.

 

[M1911]

I thought the potential of 2 years was MA laws definition of a felony, which would then trigger the federal prohibition based on the felony. I don’t think that was the federal definition. Am I wrong?

You are wrong. The federal prohibition of felons from possessing firearms or ammunition has to define a "felony". That federal law defines a felony as a state felony conviction OR a state misdemeaner punishable by more than 2 years in prison (or a federal felony conviction or a federal misdemeanor conviction punishable by more than one year). Note, it doesn't matter how long your sentence was -- you might not even have been given any jail time. But if you were convicted of a state felony that could result in more than 2 years in jail then you are considered a felon under federal law and are a prohibited person.

What you are getting confused by is a law like the MA DUI law. The MA first time DUI is a misdemeaner, but it is punishable by more than 2 years in prison. Therefore, if you are convicted of a first time DUI you are a federally prohibited person.

 

[vcman]

What you are getting confused by is a law like the MA DUI law. The MA first time DUI is a misdemeaner, but it is punishable by more than 2 years in prison. Therefore, if you are convicted of a first time DUI you are a federally prohibited peperson.

Well this explain why me wife will get her ltc soon, and her boss and my barber can not apply for any gunpermits (they got too many dui ) look like they can only own blk powder guns ,crossbows and pellet guns now.

 

[M1911]

Well this explain why me wife will get her ltc soon, and her boss and my barber can not apply for any gunpermits (they got too many dui ) look like they can only own blk powder guns ,crossbows and pellet guns now.

All it takes is a single MA DUI conviction.

 

[Darksideblues42]

Well this explain why me wife will get her ltc soon, and her boss and my barber can not apply for any gunpermits (they got too many dui ) look like they can only own blk powder guns ,crossbows and pellet guns now.

Also, their black powder stuff can't use shotgun primers as the Feds consider that "ammunition"

 

[vcman]

Also, their black powder stuff can't use shotgun primers as the Feds consider that "ammunition"

Good informations, i just learn something.

 

[LakeTrout]

What you are getting confused by is a law like the MA DUI law. The MA first time DUI is a misdemeaner, but it is punishable by more than 2 years in prison. Therefore, if you are convicted of a first time DUI you are a federally prohibited person.

That’s exactly what I was confusing. Now I remember. When I lived in MA I had a friend that got a DUI and he wanted to get his LTC but couldn’t because the federal law defines a felony as punishable by up to two years, and it just so happens that MA DUIs fit this definition. Which is crazy to me. But it’s MA. I’m very much against drinking and driving. But I don’t think that should prevent someone from owning firearms ever again.

Thank you and the other poster for straightening that out for me

 

[M1911]

That’s exactly what I was confusing. Now I remember. When I lived in MA I had a friend that got a DUI and he wanted to get his LTC but couldn’t because the federal law defines a felony as punishable by up to two years, and it just so happens that MA DUIs fit this definition.

Just to be accurate it is punishable by MORE than two years. If the MA first time DUI was punishable by up to two years, then it wouldn’t result in a federal prohibition.

 

[knucklehead]

Meh. If he's not a diddler or a rat he'll probably survive. My gut says this guy doesn't deserve this, though.

It’s a white guy who shot and killed a minority. In a racially segregated facility like SBCC that can be a big deal.

 

[knucklehead]

Yes, I believe SBCC is the intake facility for all new inmates now with the recent prison closures in the state. They also have a minimum security facility at SBCC so perhaps he will end up there?

There is no minimum security at SBCC it’s a maximum security only. Yes it is the Reception Center for State Inmates.