MA resident with a couple misdemeanors OCing in NH, legal?

[jeffC]

I'm taking my buddy along with me on a backcountry camping trip, few days overnight in the White Mountains. He's nervous about bears, so to make him feel a little better, I told him I'd look into him carrying one of my pistols (I trust him not to shoot a bear or anything else on impulse). My question is, I know it's legal for me, a licensed MA resident with no priory to OC through the woods, but what about him? He's got a couple of DUI charges, and a drunk in public from years ago (sober since the last one). NO felonies, just a few misdemeanors. Is it legal for him to OC in NH? I don't want to get the guy in trouble, and I certainly don't want to get my pistol I loaned him taken away!!

 

[Snowboarder2012]

Avoid that whole idea like the plague!

 

[Dradian]

Tell him to get some bear spray it will be more effective than most hanguns, and its cheap.

Sent from my SPH-L710 using Tapatalk 4 Beta

 

[Boghog1]

is he a Prohibited person?

 

[terraformer]

What makes you think loaning him a gun is even legal???

 

[Kevlar]

He's got a couple of DUI charges, and a drunk in public from years ago (sober since the last one). NO felonies, just a few misdemeanors.

FYI, a MA DUI conviction after 5/26/94 is a lifetime State and Federal firearms prohibitor.

 

[WallHack]

Well, first thing I WOULDN'T do is post about it on the Internet.

FYI, a MA DUI conviction after 5/26/94 is a lifetime State and Federal firearms prohibitor.

Second thing is this.

 

[MA_Shooter]

Firearms - How To - Identify Prohibited Persons | ATF

 

[KH56010]

"couple of DUI charges" He doesn't appear to make smart life decisions. At the range is one thing (if you find out he is not a PP) I wouldn't let him carry my gun in any other capacity though.

 

[Duece]

I'm going to concur with everyone else, I would err on the side of caution for yourself and not give him a firearm.
You're delving into an area that could well cause you far more grief than you want and the control of said applied grief is on you, so IMO, don't do it.

 

[ochmude]

I'm taking my buddy along with me on a backcountry camping trip, few days overnight in the White Mountains. He's nervous about bears, so to make him feel a little better, I told him I'd look into him carrying one of my pistols (I trust him not to shoot a bear or anything else on impulse). My question is, I know it's legal for me, a licensed MA resident with no priory to OC through the woods, but what about him? He's got a couple of DUI charges, and a drunk in public from years ago (sober since the last one). NO felonies, just a few misdemeanors. Is it legal for him to OC in NH? I don't want to get the guy in trouble, and I certainly don't want to get my pistol I loaned him taken away!!

When someone is convicted of DUI in Massachusetts, that individual becomes a federally prohibited person. It's not just felonies that you have to worry about. It's any conviction that could be punishable by 1 year or more in prison. Even if you get sentenced to time served or probation, the fact that you could have gotten a year in jail means you're federally prohibited for life. Now, if your friend is in fact federally prohibited, and you supply him with a firearm, you could very easily be facing a felony charge yourself, thus becoming prohibited for life as well. All of your firearms will be confiscated, not just the one you loaned him.

At this point you've already admitted on a public forum that you are aware your friend has a criminal history, so you need to either just forget about the whole idea and tell him "no can do", or you need to make DAMN sure you are certain of all charges and convictions he has received.

 

[jeffC]

FYI, a MA DUI conviction after 5/26/94 is a lifetime State and Federal firearms prohibitor.

This answers my question, thank you. Wasn't positive what qualifies some one as a PP.

 

[Palladin]

When someone is convicted of DUI in Massachusetts, that individual becomes a federally prohibited person. It's not just felonies that you have to worry about. It's any conviction that could be punishable by 1 year or more in prison. Even if you get sentenced to time served or probation, the fact that you could have gotten a year in jail means you're federally prohibited for life. Now, if your friend is in fact federally prohibited, and you supply him with a firearm, you could very easily be facing a felony charge yourself, thus becoming prohibited for life as well. All of your firearms will be confiscated, not just the one you loaned him.

At this point you've already admitted on a public forum that you are aware your friend has a criminal history, so you need to either just forget about the whole idea and tell him "no can do", or you need to make DAMN sure you are certain of all charges and convictions he has received.

I thought it was 2-1/2yrs.....it was raised from 2 to 2-1/2yrs, creating an entire new set of victims.

http://www.northeastshooters.com/vb...sion/195366-questions-ltc-ma.html#post2969645

 

[M1911]

Here's an easy solution -- you carry the gun, he doesn't.

 

[Kevlar]

...It's any conviction that could be punishable by 1 year or more in prison...

I thought it was 2-1/2yrs...

Generally, conviction of...

1. Any Federal crime with a potential sentence in excess of one year; or
2. A State level felony with a potential sentence in excess of one year; or
3. A State level misdemeanor with a potential sentence in excess of two years

...renders one a Federally prohibited person (SEE: 18 USC 922(g)(1) and 921(a)(20)(B)).

...it was raised from 2 to 2-1/2yrs, creating an entire new set of victims.

Correct. The potential penalty was was raised to 2.5 years in 1994.

 

[ochmude]

I thought it was 2-1/2yrs.....it was raised from 2 to 2-1/2yrs, creating an entire new set of victims.

http://www.northeastshooters.com/vb...sion/195366-questions-ltc-ma.html#post2969645

Generally, conviction of...

1. Any Federal crime with a potential sentence in excess of one year; or
2. A State level felony with a potential sentence in excess of one year; or
3. A State level misdemeanor with a potential sentence in excess of two years

...renders one a Federally prohibited person (SEE: 18 USC 922(g)(1) and 921(a)(20)(B)).



Correct. The potential penalty was was raised to 2.5 years in 1994.

Aww, crap, sorry for giving out incorrect information. I sincerely apologize. I wasn't considering the state charge vs. federal charge exception.

 

[jeffC]

Thanks for all the info guys. I wasn't sure what Qualified someone as a FEDERALLY prohibited person VS. just MA prohibited. Sucks for him. Needless to say he won't be handling my firearms. I appreciate the input and reps to those who contributed positively.

 

[one-eyed Jack]

Here's an easy solution -- you carry the gun, he doesn't.

This. You'll be together anyway. Don't go looking for trouble. Jack.

 

[Horrible]

The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).

Random question, mostly out of curiousity. Is it unlawful to take a PP to the range with you? The statute says "possess firearms". Not sure if there is any precedent that would indicate going to the range as "possession". Any thoughts?

 

[M1911]

Random question, mostly out of curiousity. Is it unlawful to take a PP to the range with you? The statute says "possess firearms". Not sure if there is any precedent that would indicate going to the range as "possession". Any thoughts?

It is my understanding that if you so much as hand them a gun or a single round of ammunition, you have both committed a felony.

The statute doesn't say that they can't possess firearms, except at a range under supervision. It says that they can't possess firearms, period. Holding = possessing.

 

[Len-2A Training]

It is my understanding that if you so much as hand them a gun or a single round of ammunition, you have both committed a felony.

The statute doesn't say that they can't possess firearms, except at a range under supervision. It says that they can't possess firearms, period. Holding = possessing.

Correct. That is both the state and federal interpretation of "possession" . . . even touching them is a felony for a PP and also for someone who is aware of PP status to allow it to happen.