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I'm in trouble...

drgrant

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In any event, he never said there was a 209A. It's just as likely that there is a Stay-Away/No Contact order as a condition of bail. That's my guess based on the temporary order mentioned in the original post.

I've had more than enough clients who called the police to try to defuse a situation. That's what the police department used to recommend. The police end up arresting someone "because if we show up, someone's getting arrested". Unless the "victim" is in court to say she doesn't want it, the judge frequently issues a stay-away/no contact order.

Hopefully, this is the case with Eddie.

If they came and stole his guns how is this functionally different than a 209A? I've never heard of a 30 day stay away, but I always thought the usual deal was a temp DV RO would get mutated into a long term one, but they have the same net effect. So you are suggesting if the judge issued it "as a matter of course" it will auto expire and he would get his rights back by default?

-Mike
 

StevieP

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OP - best of luck dealing with your situation. I hope for your case, that any accusations are false, and you'll be fully restored. If you did something to harm a woman, well, you won't get much sympathy here.

I can say one thing, since I've been a gun owner, my demeanor is much milder. My wife and I get in fewer arguments (at least, that *I* start), for no other reason that I always have in the back of my mind that if she called the cops on me, I'd lose my LTC, guns, and more importantly, my civil rights.
 

Len-2A Training

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I'm sure some of the single guys here just delayed their already unplanned wedding by another 5 years.

The courts in MA will screw you just as badly even if you are "merely" living together but not married. The guy is always the deep pockets in the eyes of the court.


There is no such thing as a free state when it comes to 209As. They exist in every state, including your beloved NH. It's a Federal thing, forced upon the states, not a state thing.

Absolutely correct. Lautenberg Act, you can thank that scumbag from NJ.
 

drgrant

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There is no such thing as a free state when it comes to 209As. They exist in every state, including your beloved NH. It's a Federal thing, forced upon the states, not a state thing.

Yes, but it's worth noting that a lot of other states don't do the heinous shit that MA does to you. Yes they will come and take your guns, etc, but the tendency of rubber stamping of RO continuances and such is not nearly as high. Other states also have shall issue licensing systems (which only apply for CCWs) which eliminates the tendency for post-bullshit "suitability" discrimination against license applicants with vacated ROs on their records, etc. Most other states also don't have the bonded warehouse bone job, either.

Remember the feds require disability with a DV RO but the exact manner in which it is conducted is pretty much left up the states.

-Mike
 

swatgig

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If the stay away/no contact order was a condition of bail, why does he have to rid himself of firearms? I know with a 209A, they're gone. How is a stay away/no contact order different than a 209A. He also mentions that he has to appear in court in September. That sure sounds like a 209A. But I've never heard of a stay away/no contact order that wasn't a 209A. But then I'm not a lawyer. Can you help us understand what the difference might be?

Pure speculation, but if he was charged with A&B on a household member, the chief may have suspended his LTC and sent the infamous 129D letter. That would make sense since he said they would allow him to transfer his guns to a friend, where (I'm pretty sure) if it's a 209A he can ONLY transfer to an FFL.

I'm also puzzling through the issue if you've been charged with a misde-felony ( possible jail term over 2 years makes it a felony under Federal law). I think one may be a federally prohibited person when they are charged with A&B (or a DUI for that matter).

It's not something I've come across.

My clients are polar opposites. One set has long (18 pages is my longest I've seen to date) records, who will never even see a LTC, and are probably committing a felony by just thinking about guns.

The other set had a stoopid thing they got caught for years ago (that we all did, but didn't get caught) and are looking for a LTC and want to know if they can get one, and how to best go about doing that.
 

JRT

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How much cash do you actually need? We may be able to work out a deal where I will give you some cash and you give me the guns and when you're back on your feet you can pay me back and have your guns back. I'd be willing to give you 18 to 24 months, at that point I could do what I want with them to get my money back.
 
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How much cash do you actually need? We may be able to work out a deal where I will give you some cash and you give me the guns and when you're back on your feet you can pay me back and have your guns back. I'd be willing to give you 18 to 24 months, at that point I could do what I want with them to get my money back.

That is a very fair/generous offer!
 
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Don't look back
A new day is breakin'
It's been too long since I felt this way
I don't mind where I get taken
The road is callin'
Today is the day

I can see
It took so long to realize
I'm much too strong
Not to comprimise
Now I see what I am is holding me down
I'll turn it around

I finally see the dawn arrivin'
I see beyond the road I'm drivin'
Far away and left behind

It's a new horizon and I'm awakin' now
Oh I see myself in a brand new way
The sun is shinin'
the clouds are breakin'
'Canse I can't lose now, there's no game to play

I can tell
There's no more time left to criticize
I've seen what I could not recognize
Everthing in my life was leading me on
but I can be strong

I finally see the dawn arrivin'
I see beyond the road I'm drivin'
Far away and left behind

hope it all works out...

don't look back
 

Len-2A Training

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Aren't continued without a finding, non convictions?

Legally yes, but they don't automatically vacate a 209A (which legally prohibits possession while in force) and many chiefs look at CWOF (especially wrt domestic issues) as a "suitability" DQ. I suspect most MA marsupial judges will agree with those chiefs.
 

pastera

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Maybe. I can only speak from my experience.
You are probably right that a majority are guilty.
But I believe a not insignificant percentage of innocent people are simply caught in the grinder.

The problem is that the system thinks it's doing you a favor by offering the CWOF

Sent from my C6530 using Tapatalk
 

terraformer

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people with CWOFs typically did what they were accused of, anyway.

Not really. Remember, they are told that the Continuance Without a Finding is a pre trial diversion program, etc and when you hear without a finding, you sorta take that at face value. That the state treats it as an admission of guilt is a fraud on par with Enron, Madoff and others. A lot of innocent people take that deal without knowing. So no, they aren't typically guilty. It may be 50/50 at best. ADAs don't dismiss anything outright as a matter of policy in most jurisdictions. They are happy to lose in court over dismissing
 
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CWOF will usually show up on a CORI. people with CWOFs typically did what they were accused of, anyway.

Or could not afford decent representation.

Sent from my C6530 using Tapatalk

Not really. Remember, they are told that the Continuance Without a Finding is a pre trial diversion program, etc and when you hear without a finding, you sorta take that at face value. That the state treats it as an admission of guilt is a fraud on par with Enron, Madoff and others. A lot of innocent people take that deal without knowing. So no, they aren't typically guilty. It may be 50/50 at best. ADAs don't dismiss anything outright as a matter of policy in most jurisdictions. They are happy to lose in court over dismissing

The courts in my area of middlesex county are 1 1/2 yrs out to a trial from arraignment. And every month they drag you to the court for a pre trial conference, etc. Even if you have a good lawyer, etc. I think many people take a deal because the expense can climb VERY quickly. So even though you are innocent and win at a trail, you've had over 1 1/2 yrs of a PITA, basically on a probation while the charges are pending and you win in court but spend $10k to do it.

Even if you have the money, $10k isn't insignificant to blow on BS.


Remember, everyone there in that court is getting paid to be there. Te clerk, judge, ADA, your lawyer, etc. So they don't care about dragging you into court every month and having you miss work, etc. The court is where they work and get paid so they really are oblivious or simply don't care.
 
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