MA non-resident LTC with OUI CWOF+ASF?

[Molon.Labe]

A friend, a NH resident, and long time NH LTC holder, mulls over applying for MA non-resident LTC.

His concern is, 15 years ago when he still lived in MA, he was arrested on OUI charges. He wasn't convicted though. The case was continued without finding and later dismissed. There's admission to sufficient facts on the docket.

From reading NES forums, it appears that CWOF+ASF makes him unsuitable for LTC. Does it matter that he's a completely different person now - wife, kids, mortgage, MBA, nice corporate job (in MA!)? He says he's not planning to carry in MA, and would be happy even if the LTC is issued with Sporting or Target&Hunting restrictions.

Is his situation hopeless, or can be helped by a lawyer?
Can someone recommend a lawyer who can help?

Also, doesn't the new MA gun law (Bill 4376) have some provision to petition the court after 5 years to restore suitability?

Thanks!

 

[RoterTeufel]

It can be done.

Sorry for my vague initial response...

ETA: Someone I happen to know asked on here years ago about the CWOF deal in regards to OUI. He took the risk ($200); had already went through the class & applied. Half the money was already spent (IIRC).

One of the questions has something to do with "if you've appeared in front of a judge, in court" - they have your record so I advised him to be up front, if he's going to go through with it. Its a CWOF, and time had passed (2-3 years), and he was a new homeowner in a green town.

Different situation, but... he got his LTC, unrestricted.

Your mileage May Vary.

 

[Ringworm]

In the same breath, my wife crashed her car, went to the ER and the cop wanted to draw blood for DWI. She denied them, so DMV suspended her license. She went in front of a judge and got a CWOF. That was 11 years ago. She applied for her LTC, and received her FID, instead.

Like RoterTeufel said, your mileage may vary...

FTR, she was sober, it was icy roads and the cop didn't like her because she refused to sell drinks to him at a restaurant she worked at because he was drunk and belligerent. Go figure...

 

[Rob Boudrie]

1. The applicant MUST disclose the court appearance on quesiton #10, even if CWOF w/ASF

2. A CWOF is NOT a statutory disqualifier. It may, or may not, be used as the basis for a determination of unsuitability.

Is his situation hopeless, or can be helped by a lawyer?

Hit situation can range from "near hopeless" to "no problem", depending on the town he is in.

Can someone recommend a lawyer who can help?

Keith Langer, Jason Guida and Karen MacNutt come to mind. It's short money to have an attorney review the app and discuss how you will approach the issue at the interview - and will vastly help if you decide to appeal any possible denial (assuming, of course, that you can afford it).

You want two qualities in an attorney:

1. Specialization in MA gun law
2. Familiar with the town in question and how their licensing process works, how they view suitability, etc.

Also, doesn't the new MA gun law (Bill 4376) have some provision to petition the court after 5 years to restore suitability?

"Suitability" is subjective, and therefore not restored. The FLRB can restore some statutory disqualifiers at the state level (the feds will not recognize the restoration, however - go figure)

 

[M1911]

The OP is talking about a non-resident. Since that is handled by the FRB (or whatever they are called now), I think Jason Guida would the lawyer I would recommend as he used to work there.

 

[Rob Boudrie]

The OP is talking about a non-resident. Since that is handled by the FRB (or whatever they are called now), I think Jason Guida would the lawyer I would recommend as he used to work there.

+1

 

[Len-2A Training]

I seriously doubt that he'll need a lawyer. The impression I get from dealing with the Director of FRB (decision maker on NR LTCs), they aren't likely to play the "suitability game" like some of the PDs in MA. If the person is a stand-up person with years passed as a good person, I doubt that there will be any problem.

 

[Molon.Labe]

Thank you gents!