I live in Mass.I have 2 oui/dwi's both with First offense findings though. They tell me that I can never have a pistol permit and even though i can receive a FID card on a federal level I cannot touch a firearm period.Does anyone have any idea of how to fight this. If so any pro bono lawyers willing to help. I'm a single father of a beautiful 5 yr old girl. Currently a member of GOAL and the NRA. I no longer drink, and am a great person in general. I just don't see how they can hold back my second amendment right due to something that happened in the past and has nothing to do with firearms. Please Help
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LTC A/B, or FID with oui/dwi conviction
- Thread starter smitty8
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both first offense findings, so i beleive misdemeanors in mass. But they are also considered possible inprisonment for a time too, even though i didn't do any time. idk mass just makes it so stupid and confusing. When i was younger i was handling/ dissasembling/ assembling m16's in the Marine Corps. Now thry try to tell me i can't even hold a gun. What a world ?????
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
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If the OUI was a conviction (not a CWOF, which is common for a first offense), in MA, and after May 27, 1994, it's a misdemeanor punishable by up to 2 1/2 years, which means makes one a federally prohibited person even though it is not classified as a felony.
The ONLY remedy is to have the conviction set aside or a pardon. Pardon is a tough route, since the pardon application specifically asks if you are seeking restoration of firearms rights (you won't "slide one through" and get firearms rights restored without answering yes). The governor and his advisors are going to be reluctant to issue pardons in general; more reluctant to issue one restoring firearms rights to a DUI convict; and even more reluctant to one that would allow the applicant "first time offender" treatment on any subsequent DUI; and that's before the gov's advisors look at the fact you did it twice.
You need top flight legal counsel who is familiar with DUI law, the pardon process and procedures for appealing or setting aside old convictions (harder in MA than in many other states). You also need an attorney with enough integrity to be direct with your chances, and not run up thousands in legal bills on a longshot without telling you honestly what your odds of success are. Langer and Cohen will both meet that criteria but, like most things in life, thou gettuth what thou payuth for and these folks do not come cheap (except for the initial office consult).
Also, as a first step, you will need to find out which, if any, of the convictions are after the May 27, 1994 deadline - and thus the "problem ones" from the federal perspective. It is not likely to come cheap, nor is it the kind of "for the public good" case an attorney is likely to take pro bono.
Do not screw with the federal prohibition - the feds routinely go after prison time when they encounter such offenders, even for something as simple as possession of ammunition or renting a gun for temporary use at a firing range.
For the same reason dogs lick their private parts (because they can).
The "Felon or 2 year" provision traps a lot of people in MA as 2.5 years is a very common maximum sentence for many crimes that almost never carry an actual sentence close to that. It's the result of legislative posturing - expect the 2 1/2 to increase 3 3 the next time someone feels the need to show they are tough on OUI.
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“Violent crime”, shall mean any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that: (i) has as an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; (iii) involves the use of explosives; or (iv) otherwise involves conduct that presents a serious risk of physical injury to another.
Because of the maximum sentence of a DUI conviction exceeding 1 year imprisonment, it is classified as a "Violent Crime" and therefore is a disqualifier for the issuance of an LTC/FID. Get a lawyer.
Because of the maximum sentence of a DUI conviction exceeding 1 year imprisonment, it is classified as a "Violent Crime" and therefore is a disqualifier for the issuance of an LTC/FID. Get a lawyer.
I don't want to get you down but my father was in a similar position. Had quit drinking was a member of goal and upstanding member of our town and local government and fought to get his restored for about 10 years before he died. He never got it back although things were starting to look positive shortly before his death. He was going for his FID he wanted to get something to at least make it possible to go hunting with a shotgun again. He and his lawyer figure it was best to start with that and work up to LTC it successful. You will absolutely need a lawyer. Good luck though hope it comes through for you.
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One more possibility -
The firearms licensing review board *MAY* be able to help, provided -
5 years have passed since the completion of any sentence
It's for a misdemeanor not involving drugs or firearms (ok so far)
All charges stem from a SINGLE incident. The means that an FLRB petition *might* help *IF* only one of your two offenses occurred after the 1994 cutoff date at which point the maximum possible penalty increased beyond 2 years. If both offenses are past the magic date, you are not eligible to be considered for FLRB relief.
The firearms licensing review board *MAY* be able to help, provided -
5 years have passed since the completion of any sentence
It's for a misdemeanor not involving drugs or firearms (ok so far)
All charges stem from a SINGLE incident. The means that an FLRB petition *might* help *IF* only one of your two offenses occurred after the 1994 cutoff date at which point the maximum possible penalty increased beyond 2 years. If both offenses are past the magic date, you are not eligible to be considered for FLRB relief.
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That's what I get for blindly copying from a lawyer's web page (not one of the famous gun lawyers, by the way). Rep inbound.
Actually, you're right. It seems Chapter 25 of the acts of 1994 contained an emergency preamble.
ETA: reps sent and previous post edited.
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Wow - thanks. One thing that is really cool about the NES forums is that it is "self correcting" and flawed information does go uncorrected for very long.
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This is still MA however.
Even if the OUI's were pre 5-27-94, or if the offender was granted some relief, pardon, etc... a hard ass CLEO could still deny the LTC based on suitability.
Result... more court time and lawyers fees.
Even if the OUI's were pre 5-27-94, or if the offender was granted some relief, pardon, etc... a hard ass CLEO could still deny the LTC based on suitability.
Result... more court time and lawyers fees.
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DickWanner
Banned
Did you call Steve at the number on the MFS website? I sent another e-mail to you and he really wanted to talk with you and help you get your firearms rights restored. We're not just a rubber-stamp instructional business and we really want to help. Good luck bud, let me know if everything works out for you. -Nick
Thanx
Thank You all very much for all your help. I will continue to fight this till my last breath as i see it's a very important right to have and i don't see howw the government can impose such silly regulations. The next step will be to get $ to fight it. Maaybe someday
Thank You all very much for all your help. I will continue to fight this till my last breath as i see it's a very important right to have and i don't see howw the government can impose such silly regulations. The next step will be to get $ to fight it. Maaybe someday
Thanks Nick I really do appreciate it. I received a couple of emails, but nothing regarding this info, maybe it got spammed, IDK. I'll check the website for the number and give him a call. or shoot me another email when u get a chance. Thanx Sam
You are assuming way more competence in the MA legislature than is warranted.
I’m not sure when MA OUI law changed such that the first offence was punishable by over two years. If his offense happened after that change, then he is screwed, prohibited person for life.
The feds consider him a prohibited person. So even if he could get an FID, he would be risking a federal felony by possessing a rifle, shotgun, or ammo.
Rick O'Shea
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Step one is get a lawyer
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The feds also refuse to accept the validity of an FLRB restoration of gun rights since it does not consider gun rights to be civil, and the federal law requires a restoration of "civil rights" by the state, not a restoration of rights that are not civil. Yes, really. I have seen the NICS appeal denial paperwork confirming this.
wildwest
NES Member
The MA OUI law changed May 27th 1994 I believe.
No Contest, or an Alford Plea is like a CWOF, it will normally not harm you in the future, except in DWI cases which is a whole other story.
I would suggest your friend get a copy of his CORI report, and the court records that list the disposition of the case to determine EXACTLY what disposition the court entered on the record.
Then I would have him pay for a consultation with Attorney Tassel ( @nstassel here) and follow his advice.
First time DWI cases with no mitigating factors such as vehicular manslaughter, leaving the scene, etc. are routinely "CWOF'd" for a first offense.
You don't get a free pass, all it does is keep you from having a conviction on your record, but as far as the RMV, Insurance companies and others are concerned it is treated as a conviction so you have the license loss, have to go to "Drunk School", pay a hefty license reinstatement fee, extorted payment to the Brain Injury Fund, etc. You also get the pleasure of attending 2 AA meetings.
I would suggest your friend get a copy of his CORI report, and the court records that list the disposition of the case to determine EXACTLY what disposition the court entered on the record.
Then I would have him pay for a consultation with Attorney Tassel ( @nstassel here) and follow his advice.
First time DWI cases with no mitigating factors such as vehicular manslaughter, leaving the scene, etc. are routinely "CWOF'd" for a first offense.
You don't get a free pass, all it does is keep you from having a conviction on your record, but as far as the RMV, Insurance companies and others are concerned it is treated as a conviction so you have the license loss, have to go to "Drunk School", pay a hefty license reinstatement fee, extorted payment to the Brain Injury Fund, etc. You also get the pleasure of attending 2 AA meetings.
chuckules
NES Member
I would think recent SCOTUS rulings provide an avenue here
