• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

I screwed up some years ago

M

mini30

Hi all, first post here.

Well, here is the story.
I have a been out of the gun scene for about 15 years.
I would like to renew/reapply for my FID card. It is one of the old "indefinite" cards issued around 1988.

But here is the problem.In the early 90s I had myself a pretty good time parting etc. In a few years time I was able to get a DWI, assault and battery on a LEO and a pot possession charge-all convictions no time served.

Fast forward 2009. I am an upstanding person in the community. I hold a job and am a homeowner.

I have joined NRA and Goal. I will be taking a hand gun safety course in a few weeks. I will also be joining a local gun club.Trying to beef up my FID "resume" if you will.

At this point I am thinking I will have no chance of renewing my FID card.
By the way, the a+b happened in the northshore city I will be applying to.

Anyone have any luck with an appeal?

I guess thanks in advance,
mini30
 
Get your CORI then get yourself a lawyer he'll take a look at you cory and help you prep the app for pretty short money.
 
Talk to a lawyer..
I am not one, but I say the conviction of assault on a LEO pretty much guarantees you will se pigs fly before you see a LTC with your name on it..
Just my opinion, not fact..[grin]
 
Your best bet is to contact an attorney. Their contact information can be found on this forum (search - Cross-X, Jesse Cohen, Keith Langer).

I would speak with one of the attorney's before investing any money in classes or gun clubs.

Good luck!

-MS
 
also depends what town/city you happen to live in... might already be behind the 8ball if they don't issue (or issue with severe limitations) to people with no criminal record
 
no chance in hell

I don't even think the feds would let a purchase go through even if by some miracle you did get a ltc in Mass.
 
Any of those convictions on their own is almost definitely enough to prevent you ever getting an LTC. The DWI might be early enough to avoid it being a federal disqualifier, but I don't know about the other two. A&B on a police officer sounds likely to be a felony and therefore a lifetime federal disqualifier. As others said, talk to a lawyer, but it's liable to be a rather short consult.
 
Masterguns, the city is green.
Jenlynn724..pigs don't fly.Damn.
I will check into the lawyers you guys have referred to me.
I will also try to get a CORI check at the local PD.

Well the wife has a ltc. We just want to do some shooting again.So we will still join a club this fall.

Thanks,
mini30
 
mini30 said:
Masterguns, the city is green.
Jenlynn724..pigs don't fly.Damn.
I will check into the lawyers you guys have referred to me.
I will also try to get a CORI check at the local PD.

Well the wife has a ltc. We just want to do some shooting again.So we will still join a club this fall.

Thanks,
mini30
Click to expand...
You won't be able to get a CORI check at your PD.
Start here: Criminal Offender Record Information (CORI)
 
JonJ said:
You won't be able to get a CORI check at your PD.
Start here: Criminal Offender Record Information (CORI)
Click to expand...

And expect to wait a long time. They are really behind on them. I have one in works from 3+ weeks ago and it has not gone through yet. And this is one being run by a company on me. Luckily for me the company running it is trusting I am legit and is paying me for my time under the assumption they will cut the contract if it shows something it shouldn't.
 
It'll be quicker and more comprehensive if you take yourself to the court you were convicted in and look up your file. You can get copies of the real documents (for a fee) and bring those to the attorney/LO when you apply.

Good luck.
 
Not to be the bearer of bad news but if you are a prohibited person (convicted felon) you might not even be able to even touch your wife's firearms legally.

Lawyer up and pray.

-Mike
 
drgrant said:
Not to be the bearer of bad news but if you are a prohibited person (convicted felon) you might not even be able to even touch your wife's firearms legally.

Lawyer up and pray.

-Mike
Click to expand...

But here is the problem.In the early 90s I had myself a pretty good time parting etc. In a few years time I was able to get a DWI, assault and battery on a LEO and a pot possession charge-all convictions no time served.

I would say you're SOL, sorry.
 
Last edited:
Unless you are mistaken on your offense, CWOFed, or get a pardon (with firearms rights restored), you have an uphill battle for an LTC. The A&B on a Public Employee had an auto-dq max sentence . Since you screwed up the name of the offense and the minimum punishment doesn't match your time served, I would get a CORI to be sure of the exact name and classification of the offense on your record. The other offenses will just play against suitability. I wouldn't even consider filling out an application to become a barista at starbucks until you have a solid plan in place.
 
the pot conviction sunk you, MA will issue you a FID after a disqualification period, but the Feds use it as a lifetime disqualifier because you are limited by MA law to a FID only.

IANAL but it has something to do with the Feds saying it's you are eligible for all or nothing.

My suggestion... move to NH.
 
Mini30, sounds like firearms may be the wrong hobby for you.

Some of us may sympathize with you in the fact that you've turned your life around, gave up the partying scene. That's great. Gotta grow up some time, right?

I've done plenty of partying myself, but even in my most inebriated state ever, I would not under any circumstances take a swing at an LEO.

They say drugs and alcohol bring out a man's true spirit. I believe that.
 
drgrant said:
If he's a PP, moving to NH won't do a damned thing. He'll still likely be legally prohibited from gun ownership. Might not even be able to pass NICS, either.

-Mike
Click to expand...
I agree. It may make this whole thing moot.

Queston 12c on the Form 4473:

Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more
than one year, even if you received a shorter sentence including probation?
Click to expand...
The answer to this has to be yes, doesn't it? That makes this a non-starter, I think.
 
MA will issue you a FID after a disqualification period, but the Feds use it as a lifetime disqualifier because you are limited by MA law to a FID only.
Click to expand...
The case law (Caron vs. US, SCOTUS) is that if you are disqualified under federal law, the eligibility for an FID does NOT serve as a relief from disabilities. They key question is "does the pot conviction make you a prohibited person under federal law?". If the answer is yes, and FID won't get your gun rights back.
 
Rob Boudrie said:
The case law (Caron vs. US, SCOTUS) is that if you are disqualified under federal law, the eligibility for an FID does NOT serve as a relief from disabilities. They key question is "does the pot conviction make you a prohibited person under federal law?". If the answer is yes, and FID won't get your gun rights back.
Click to expand...
Doesn't the A&B on an LEO conviction become the LIMFAC? Surely that must be "...a felony...for which the judge could have imprisoned you for more than one year" regardless of the pot issue.
 
CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 13D. Assault and battery upon public employees; penalty

Section 13D. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.

Misdemeanor not felony.
 
JonJ said:
CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 13D. Assault and battery upon public employees; penalty

Section 13D. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.

Misdemeanor not felony.
Click to expand...

Yeah, but the max possible sentence is over 2 years which, IIRC, triggers prohibited person, just like a Post-94 first offense DUI conviction would in MA. So it might be a misdemeanor, but it's "as bad as" a felony for gun ownership.

ETA: It's worse than that actually, the fed definition is 1 yr. Double ouch. Although it says here...

http://www.dontlie.org/FAQ.cfm

" Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less. "

Would still seem to trigger the prohibition.


-Mike
 
Last edited:
drgrant said:
Yeah, but the max possible sentence is over 2 years which, IIRC, triggers prohibited person, just like a Post-94 first offense DUI conviction would in MA. So it might be a misdemeanor, but it's "as bad as" a felony for gun ownership.

-Mike
Click to expand...
Correct.
 

Similar threads

Going to reapply for my FID/LTC back after it being revoked about 10 years ago.
Replies
17
Views
438
AMV
A
I open carried in Boston today
3 4 5
Replies
148
Views
3K
fencer
fencer
I was very surpised to see mass.gov admits this…
Replies
10
Views
552
greencobra
greencobra
eFA-10 For Shotgun Purchased Out of State, What Do I Put In The Dealer Info Area?
Replies
3
Views
157
Rick O'Shea
Rick O'Shea
Do I need to fill out an eFA-10 when selling firearms to a licensed FFL?
Replies
20
Views
501
Chevy 2 65
Chevy 2 65
Back
Top Bottom