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MA LTC Denied

tysdad115

tysdad115

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A friend of mine let me know today he was denied his LTC as he is permanently ineligible from an incident 25 years ago. The charges were non violent , but a dumbass situation. He thinks its a bit outrageous something from teenage years are still haunting him even though no time served for it. Anyways he's ok with it (forced to be) but was advised from the PD he can apply for an FID card and he was willing to do so.

I told him there might be a fed issue with him not being able to obtain a MA LTC. According to GOAL http://goal.org/masslawpages/masslawdenialinfo.html Is he technically a Fed PP now? FID would be worthless?

  1. Five years from the end of parole, probation or conviction or adjudication, whichever is last occurring. Important note: a person with an FID Card, who is not eligible to receive a License to carry a firearm, is considered ineligible to own a gun by the federal government and can not purchase rifles, shotguns or ammo from a dealer.Basically this means that you can not purchase, or possess a firearm or ammunition of any type. This FID card would only let you carry pepper spray (mace)
 
Is there only one charge? Or multiple charges in one incident to make him ineligible?

There's always a chance to get your rights restored. I did.
 
Chances are the FID is going to be worthless, since there aren't too many things that DQ for an LTC that don't make you a federally prohibited person, so even if he gets an FID he still has the federal felony trap problem.

If I was going to make a wild assed guess, it's some kind of old drug conviction, and it probably doesn't involve pot. (theres a lot of drug shit in MA that triggers misdafelony or worse status pretty easily... ) unless its some kind of case that involved pot, if the amount was small enough he might be able to get that bell unrung but because he didn't tell you, that makes me doubt it was just pot.

ETA: Just saw your bump, but my guess was pretty accurate. how many points do I get? [rofl]

-Mike
 
drgrant said:
Chances are the FID is going to be worthless, since there aren't too many things that DQ for an LTC that don't make you a federally prohibited person, so even if he gets an FID he still has the federal felony trap problem.

If I was going to make a wild assed guess, it's some kind of old drug conviction, and it probably doesn't involve pot. (theres a lot of drug shit in MA that triggers misdafelony or worse status pretty easily... ) unless its some kind of case that involved pot, if the amount was small enough he might be able to get that bell unrung but because he didn't tell you, that makes me doubt it was just pot.

ETA: Just saw your bump, but my guess was pretty accurate. how many points do I get? [rofl]

-Mike
Click to expand...
You win all the points again ! But now I'm prohibited from giving them to you ! "You must spread some Reputation around before giving it to drgrant again."
 
tysdad115 said:
A friend of mine let me know today he was denied his LTC as he is permanently ineligible from an incident 25 years ago. The charges were non violent , but a dumbass situation. He thinks its a bit outrageous something from teenage years are still haunting him even though no time served for it. Anyways he's ok with it (forced to be) but was advised from the PD he can apply for an FID card and he was willing to do so.

I told him there might be a fed issue with him not being able to obtain a MA LTC. According to GOAL http://goal.org/masslawpages/masslawdenialinfo.html Is he technically a Fed PP now? FID would be worthless?

  1. Five years from the end of parole, probation or conviction or adjudication, whichever is last occurring. Important note: a person with an FID Card, who is not eligible to receive a License to carry a firearm, is considered ineligible to own a gun by the federal government and can not purchase rifles, shotguns or ammo from a dealer.Basically this means that you can not purchase, or possess a firearm or ammunition of any type. This FID card would only let you carry pepper spray (mace)
Click to expand...


Good thing that the government protected us from your violent friend! Remember "The right to keep and bear arms shall not be infringed, unless society finds something you did 25 years ago unsavory, even though it harmed no one"
 
Goliathan said:
Even moving to an actual democratic state won't help him, right? Because he's restricted in Mass, he's screwed everywhere?
Click to expand...
Correct. He is Federally prohibited.

"A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

I believe possession is 2 years... I'll have to check the Massachusetts Master Crime List.
 
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FIDs can NO longer be issued to those ineligible for a LTC statutorily, thus avoiding the Federal PP in possession charge possibility for someone with an FID and a disqualifier. Law changed in 2014.

Single MA conviction of pot can be expunged under C. 94C, but that is the only remedy in MA. If it occurred outside MA and was related to pot only (use not distribution), check the Comm2A.org website as they won that case if said state has no expungement process. Any other drug conviction and you are SOL for life in MA and perhaps nationally as well.
 
eColi said:
Correct. He is Federally prohibited.

"A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

I believe possession is 2 years... I'll have to check the Massachusetts Master Crime List.
Click to expand...

The only charge he got was Misdemeanor Class B Possession , 6 Months Unsupervised Probation and $100.00 fine. I'm guessing they dropped it down to the 6mos but could have been more than that if they prosecuted to the fullest extent of the law.
 
tysdad115 said:
The only charge he got was Misdemeanor Class B Possession , 6 Months Unsupervised Probation and $100.00 fine. I'm guessing they dropped it down to the 6mos but could have been more than that if they prosecuted to the fullest extent of the law.
Click to expand...

What was the max sentence available for that at the time? I think that's what matters. Class B (not heroin) first offense is 1 year, right? Heroin is 2 years, and if that's what it was he'd be screwed.
 
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Goliathan said:
Even moving to an actual democratic state won't help him, right? Because he's restricted in Mass, he's screwed everywhere?
Click to expand...

Once you gain PP status somewhere its like AIDS, basically, you can forget about getting rid of it, unless you can get the original conviction overturned, expunged, or pardoned, and expungements don't really exist in MA. Convictions can get overturned but that's uncommonly rare. (although too bad for him, if his drugs were tested by MSP / Dookhan he potentially could get the case reopened and the evidence discarded, but his case pre-existed the scandal window so probably no luck there )

-Mike
 
Goliathan said:
What was the max sentence available for that at the time? I think that's what matters. Class B (not heroin) first offense is 1 year, right? Heroin is 2 years, and if that's what it was he'd be screwed.
Click to expand...

If it's first offense its only a year but you still probably get ****ed in MA for life for an LTC, though. That shouldn't be federally prohibiting though, by itself. If that is the case he could probably move away from the problem somewhat. Unless he's being "conservative with the truth" and there's been more than one conviction... or his conviction was really like "possession with intent to distribute" which pretty much will **** anyone over for life.

-Mike
 
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drgrant said:
Once you gain PP status somewhere its like AIDS, basically, you can forget about getting rid of it, unless you can get the original conviction overturned, expunged, or pardoned, and expungements don't really exist in MA. Convictions can get overturned but that's uncommonly rare. (although too bad for him, if his drugs were tested by MSP / Dookhan he potentially could get the case reopened and the evidence discarded, but his case pre-existed the scandal window so probably no luck there )

-Mike
Click to expand...
Not that rare, I did it all by myself [wink]

Took me 2 years and a lot of leg work. What can I say, I'm persistent.

Update: My case did not involve drugs or violence.
 
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eColi said:
Not that rare, I did it all by myself [wink]

Took me 2 years and a lot of leg work. What can I say, I'm persistent.

Update: My case did not involve drugs or violence.
Click to expand...

I said it was rare, not impossible. [laugh] Good on you, though, for getting your rights back. It's exceptionally difficult in this state given that there's no built in expungement mechanism for what I would call trash-level crimes. (most of them are either victimless, or could be resolved through some kind of restitution. )

-Mike
 
drgrant said:
I said it was rare, not impossible. [laugh] Good on you, though, for getting your rights back. It's exceptionally difficult in this state given that there's no built in expungement mechanism for what I would call trash-level crimes. (most of them are either victimless, or could be resolved through some kind of restitution. )

-Mike
Click to expand...
Touché! Probably one of the most difficult things I've dealt with in my life... I'd do it again in a heartbeat though. This state has no built in anything to benefit me or us to resolve legal matters without dishing out big bucks. Sad.
 
tysdad115 said:
The only charge he got was Misdemeanor Class B Possession , 6 Months Unsupervised Probation and $100.00 fine. I'm guessing they dropped it down to the 6mos but could have been more than that if they prosecuted to the fullest extent of the law.
Click to expand...
It is not WHAT he was sentenced to.........but WHAT HE COULD HAVE BEEN sentenced to. The judge could have given him "time served" and zero probation......but if he COULDA sentenced him to 2 years he's ****ed for life on gun ownership.
 
whacko said:
It is not WHAT he was sentenced to.........but WHAT HE COULD HAVE BEEN sentenced to. The judge could have given him "time served" and zero probation......but if he COULDA sentenced him to 2 years he's ****ed for life on gun ownership.
Click to expand...

I wonder if there was more than one charge or something... if it was a class B first offense and not H it should only be a year max, no? Might have trouble getting through the "suitability" door, but it shouldn't be a statutory denial?
 
Goliathan said:
I wonder if there was more than one charge or something... if it was a class B first offense and not H it should only be a year max, no? Might have trouble getting through the "suitability" door, but it shouldn't be a statutory denial?
Click to expand...

That was the only charge. "Punishable by up to one year" . He's decided to try for his FID anyways then try and obtain a rifle from an FFL. Everything he's read specifically states "more then one year" which his situation was not. He's going Tuesday to hand over another $100 and get the FID.
 

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