FID Restricted

b2v

Rating - 0%
0   0   0
Joined
May 8, 2013
Messages
2
Likes
0
I've been denied for Class A citing that I am "not suitable" based on a recent nolle prosequi of a case. I understand this is essentially a dismissal of a case.

When I brought up an FID card, I was told that they would consider pepper spray. So I do not waste $100 applying for C, is it possible they can restrict me to class D?
 

FSTC

NES Member
Rating - 100%
9   0   0
Joined
May 1, 2011
Messages
3,212
Likes
535
Location
N. Central Mass.
I've been denied for Class A citing that I am "not suitable" based on a recent nolle prosequi of a case. I understand this is essentially a dismissal of a case.

When I brought up an FID card, I was told that they would consider pepper spray. So I do not waste $100 applying for C, is it possible they can restrict me to class D?
Options
Lay all the details out (town, charges etc.) and get advice from the internet.
Call Comm 2a
Call a firearms lawyer.
 
Rating - 100%
56   0   0
Joined
Oct 9, 2007
Messages
11,001
Likes
1,348
What would make a better case for gun owners? Fighting ad winning against a suitability denial, or suing and winning after being denied a SHALL ISSUE FID?
 
Rating - 100%
9   0   0
Joined
Sep 11, 2005
Messages
8,983
Likes
3,535
Location
Leoburg/Fitchminster area
Nolle prosequi is a de facto but not de jure dismissal of a case as I understand it and you could be brought up again in court on the same charges. I am not an attorney but I do see this from time to time because I work in the system and it has an odious taint, not innocent, not guilty, but the DA couldn't quite get his/her act together with enough evidence to mount enough of a case to convict AFTER trial has begun. So once again not unlike the notorious CWOF you are considered "guilty but got away with it" in the minds of many. "Essentially a dismissal" is not exactly the same as a dismissal, okay? It is in the practical sense but in some circles it will always hang over you and follow you around forever.

Now, unless there is a statutory disqualifier you cannot be denied an FID. This has been pointed out. It is time you sought the advice of a good firearms attorney IMO. You may also wish to contact Comm 2A.






Sent from my iPhone using Tapatalk
 
Last edited:

b2v

Rating - 0%
0   0   0
Joined
May 8, 2013
Messages
2
Likes
0
Thank you all for your feedback. Rob, I did submit through the web interface yesterday but can follow up with an email to the address you provided. Thank you again.
 
Rating - 0%
0   0   0
Joined
May 28, 2013
Messages
343
Likes
48
Location
Brockton,Mass
B2v from my understanding of nolle prosequi don't quote me im NOT a lawyer anything. But seems you was entered on a nolle prosequi meaning the prosecutor at the time abandoned the case and didn't have the evidence at the time to prosecute. Pay attention to just that AT THE TIME with that being said they still can whenever they want open the charges on you. So to the police it looks like u have a open case. What you need to do is go down to the courthouse and find out the shelf life of that charge usually like a year that charge isn't a forever charge. If the window is closed for them to reopen go to your courthouse and talk to the trial court clerk and tell them your issue and ask to have the judge sign a dismissal order on the charge. But that would be the reason the police aren't issuing you anything because your nolle prosequi is MOST LIKELY still in active status.
 
Top Bottom