LTC renewal with DUI?

[chevyguyss350]

Today I heard from someone that a DUI is now considered a felony in Mass, and this applies to a DUI which occured before the law was passed. This means that anyone with a DUI cannot get a LTC. Is this true? Is there a cut off date for previous convictions to be considered a felony?

If it is, my father's Class A ALP expires in July. He received a DUI in 1990. First time offense, has not happened since. Does this mean he is SOL when it comes time to renew?

 

[drgrant]

Today I heard from someone that a DUI is now considered a felony in Mass, and this applies to a DUI which occured before the law was passed. This means that anyone with a DUI cannot get a LTC. Is this true? Is there a cut off date for previous convictions to be considered a felony?

If it is, my father's Class A ALP expires in July. He received a DUI in 1990. First time offense, has not happened since. Does this mean he is SOL when it comes time to renew?

For the statutory cutoff, I believe it's anything before May of 1994 it doesn't
count as a felony. That being said, he must disclose it on his application as
he most surely was a "defendant". If the local constabulary isn't a pain
in the ass he should have no problem renewing if he fully discloses his
offense. I have a friend of mine that has a very old DUI conviction and
has no problem renewing his license.

-Mike

 

[chevyguyss350]

Thanks for the fast reply.

 

[Scrivener]

DUI is not now, nor has it ever been a felony. Period.

Pre-May, '94 convictions are not even a disqualifier. Only convictions after the '94 enhancement date are disqualifiers and even they will not prevent issuance of an FID after 5 years from the end of probation. They WILL preclude an LTC, however.

 

[drgrant]

DUI is not now, nor has it ever been a felony. Period.

Doesn't a post-94 DUI make one a prohibited person,
though? EG, so even if they did get an FID (as you state)
then they wouldn't be eligible to purchase
firearms?

I was under the impression (eg, from that stuff on the
back of a 4473) that anything which carried
a max sentence of more than 2 yrs makes one a prohibited
person, at least federally speaking. So while it's not
a "felony" in that regard it's just as powerful as one.

-Mike

 

[Len-2A Training]

Mike is right, by statute they MUST issue an FID, but if you possess anything with it you can go away to the "big house", and more than one chief has dropped a dime to BATFE to ensure that such FID holders get an all expense paid vacation.

Scrivener, you should have added that caveat to your post!

 

[Scrivener]

Mike is right, by statute they MUST issue an FID, but if you possess anything with it you can go away to the "big house", and more than one chief has dropped a dime to BATFE to ensure that such FID holders get an all expense paid vacation.

I have heard of at least one department requiring signed notices to that effect; however, I have never heard of any such prosecution.

Scrivener, you should have added that caveat to your post!

I can only correct so many incorrect statements at a time for those seeking free legal counsel on internet fora...

 

[EddieCoyle]

I have heard of at least one department requiring signed notices to that effec for those seeking free legal counsel on internet fora...

I imagine that this must get old, quick.

 

[edin508]

He will be good to go for just a renewal. That OUI from 90 wont even be brought up.

 

[drgrant]

He will be good to go for just a renewal. That OUI from 90 wont even be brought up.

It still must be disclosed- because if they go looking for it, they will
find it, guaranteed. Saying "no" to the have you ever been a
defendant thing, is essentially perjuring yourself. My friend almost
got tripped up by this, but the issuing authority was honest with him and
told him that it was EXTREMELY important that it be disclosed on the
application.

-Mike

 

[edin508]

It still must be disclosed- because if they go looking for it, they will
find it, guaranteed. Saying "no" to the have you ever been a
defendant thing, is essentially perjuring yourself. My friend almost
got tripped up by this, but the issuing authority was honest with him and
told him that it was EXTREMELY important that it be disclosed on the
application.

-Mike

True.
It must be disclosed but it shouldn't be an issue for him at all.

 

[Len-2A Training]

Scrivener, talk with Ron Glidden about this. I think he can fill you in on some prosecutions.