FID disqualifiers?

Dcdr

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Does voluntarily entering a rehab program for alcohol abuse disqualify you from FID? If not, does it disqualify you from LTC?

Does a OUI disqualify you from FID?

Two people close to me have shown a new interest in firearms. One has OUI so I know he’s not getting a LTC. The other went to rehab for alcohol but never arrested or charged with anything, never even a speeding ticket.
 
First friend:

If he was convicted he wont get a LTC. Find the disposition of the case and if it's a CWOF - continuation without a finding - he can get a LTC --- as long as the chief does not fight him.
A Conviction of a misdemeanor punishable by imprisonment for more than two years (includes conviction for OUI after May 27 1994) will make them ineligible for a FID.

Second friend:

The govt has no record of this rehab. Don't volunteer it.
 
My buddy had a oui (may have got a cwof) still got his LTC, 15 years later. As to the rehab can’t see why that would be a no go.
 
Does voluntarily entering a rehab program for alcohol abuse disqualify you from FID? If not, does it disqualify you from LTC?

Does a OUI disqualify you from FID?

Two people close to me have shown a new interest in firearms. One has OUI so I know he’s not getting a LTC. The other went to rehab for alcohol but never arrested or charged with anything, never even a speeding ticket.
Was the oui in mass? If not he may be able to get an ltc. If the oui conviction was in mass he's not getting an fid or ltc because he's federally a prohibited person due to the mass potential jail time for a first offense.

Voluntary entering an alcoholics program has zero bearing on a fire arms license ltc or fid
 
My buddy had a oui (may have got a cwof) still got his LTC, 15 years later. As to the rehab can’t see why that would be a no go.
Had to have been a cwof, a very old mass conviction (pre 2.5 year max for oui), or an oui in another state for him to have gotten an ltc. A first offense oui in mass carries potential of 2.5 years.....federally a prohibited person.
 
Your oui buddy should read this. Maybe hire a lawyer if his oui falls in this time frame.


27,000 Massachusetts drunken-driving convictions may be tossed out due to faulty breathalyzer machines, lawyer says​


Thousands of convicted drunk drivers in Massachusetts are being informed they may be eligible to have their convictions vacated due to past problems with the type of breathalyzer machine used statewide, between June 2011 and April 2019, according to a lawyer who has been litigating the matter for years.
 
Does voluntarily entering a rehab program for alcohol abuse disqualify you from FID? If not, does it disqualify you from LTC?

Does a OUI disqualify you from FID?

Two people close to me have shown a new interest in firearms. One has OUI so I know he’s not getting a LTC. The other went to rehab for alcohol but never arrested or charged with anything, never even a speeding ticket.

A post May 1994 DUI conviction in MA based offense, basically makes someone a federally prohibited person.

Note the emphasis of the word conviction. A CWOF is not the same as a conviction, in this context.

Some guy going to rehab voluntarily is not a prohibitor. That's basically none of anyone's business except the applicant and maybe god.
 
Thanks for the info guys. I know the OUI was in MA around 04-05 but not sure if it was conviction or cwof, I’ll ask him and let him know the answer.
For the friend who has been to rehab, I agree mostly on the “none of their business” approach. However on the application signed under penalty of perjury it DOES ask if you have ever been under treatment for drug abuse or habitual drunkenness, which is why I wondered if it was a disqualifier
 
Your oui buddy should read this. Maybe hire a lawyer if his oui falls in this time frame.


27,000 Massachusetts drunken-driving convictions may be tossed out due to faulty breathalyzer machines, lawyer says​


Thousands of convicted drunk drivers in Massachusetts are being informed they may be eligible to have their convictions vacated due to past problems with the type of breathalyzer machine used statewide, between June 2011 and April 2019, according to a lawyer who has been litigating the matter for years.
I would definitely look into that!!!
Thanks for the info guys. I know the OUI was in MA around 04-05 but not sure if it was conviction or cwof, I’ll ask him and let him know the answer.
For the friend who has been to rehab, I agree mostly on the “none of their business” approach. However on the application signed under penalty of perjury it DOES ask if you have ever been under treatment for drug abuse or habitual drunkenness, which is why I wondered if it was a disqualifier

Now that is interesting...
Not sure if he rehab is considered treatment for "drug abuse" or habitual drunkenness. Maybe those are legal terms of how often you got caught. If you never got caught - would he be ok?
Would denying the rehab be perjury.

If you don't get a solid answer here...

Contact Jason A. Guida...

 
Now that is interesting...
Not sure if he rehab is considered treatment for "drug abuse" or habitual drunkenness. Maybe those are legal terms of how often you got caught. If you never got caught - would he be ok?
Would denying the rehab be perjury.
When I read “habitual drunkenness” I wonder if it refers to someone who gets PC’d all the time and is sleeping it off at police stations every weekend and isn’t a criminal, or I wonder if it’s some old school language written in there from a time before it was called “alcoholism.” Because if it’s the town drunk I can see that being a disqualifier. But I’m sure most people would agree that someone who realizes they drink too much for their liking and needs help quitting is a different story.
 
Thanks for the info guys. I know the OUI was in MA around 04-05 but not sure if it was conviction or cwof, I’ll ask him and let him know the answer.
For the friend who has been to rehab, I agree mostly on the “none of their business” approach. However on the application signed under penalty of perjury it DOES ask if you have ever been under treatment for drug abuse or habitual drunkenness, which is why I wondered if it was a disqualifier

IANAL, but if you're referring to question #12 on the LTC application, it asks "Have you ever been committed to any hospital or institution for mental illness, or alcohol or substance abuse?" If he wasn't committed and went voluntarily, he is good to go for an LTC. As others have said, no need to even mention it.
 
Thanks for the info guys. I know the OUI was in MA around 04-05 but not sure if it was conviction or cwof, I’ll ask him and let him know the answer.
For the friend who has been to rehab, I agree mostly on the “none of their business” approach. However on the application signed under penalty of perjury it DOES ask if you have ever been under treatment for drug abuse or habitual drunkenness, which is why I wondered if it was a disqualifier
It's important here to remind people that Mass has an FLRB who's whole reason for being is to restore the 2A rights of certain people including those with OUI convictions. The FLRB has been derelict of late having succumbed to federal pressure and hasn't been doing their job. Attorney Jason Guida is on a mission to put the FLRB back in business so that the feds can be called out. Anyone with an OUI conviction should seriously consider filing and FLRB appeal.

If you go voluntarily don’t you commit yourself?
I don't think so. Within the meaning of prohibited person, a self-commitment is not a prohibition. Some CLEOs might quibble about that interpretation, but it's a defensible position.
 
If you go voluntarily don’t you commit yourself?

Not according to federal law.

Since 1968, federal law has barred the possession or acquisition of firearms by anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.”[2]

“Committed to a mental institution” is defined as a “formal commitment of a person to a mental institution by a court, board, or other lawful authority. The definition makes clear that “[t]he term does not include a person in a mental institution for observation or a voluntary admission.” The Supreme Court has held that an involuntary commitment is a serious deprivation of liberty that requires due process of law under the Fifth Amendment to the U.S. Constitution.[4]

A person cannot be federally disqualified from owning a gun based simply on a psychiatrist’s diagnosis, a doctor’s referral, or the opinion of a law enforcement officer, let alone based on getting a drug prescription or seeking mental health treatment. Doing so would actually discourage troubled people from getting the help they need.



As Knuckle Dragger indicated, a CLEO might disagree with the interpretation.
 
If you go voluntarily don’t you commit yourself?
No, a "commitment" means that you are NOT free to leave. Voluntary is not a "commitment" under the law.

That said, if it is mentioned to the LO, I can almost guarantee that the person will be given a series of hoops to jump thru. Sealed lips here is the key to success, and it isn't a lie.
 
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