Moving to Mass. screwed up as a kid ......options

[jeancalvin]

I am moving to Massachusetts for Graduate school in the fall. I know from reading the laws that I will be unable to get and FID, I was convicted of misdemeanor simple assault five years ago (used to be a sh*thead), though I am federally allowed to own a firearm. I am wondering whether either of these situations will keep me out of trouble in Mass. 1, should my lady friend receive an FID (all I own are Mosins and Mausers that I restore) and if the weapons are kept in a combination safe under her control, are we in compliance with the law? 2, if I store my weapons in another state, either at a gun club or in a locker will I violate Mass state law?
Thanks in advance

 

[pastera]

Store them out of state is the easiest solution - you won't have much time for them in grad school anyhow

 

[Lank]

Not to be a wiseguy, but do you have to move here? NH is a much more forgiving state and has common sense gun laws. Depending where you are going to school, NH is an easy commute.

 

[MA_Shooter]

Either options should work but others will be along soon to correct me if wrong.

If this happened in a state that offers an opportunity to expunge your record, might be worth investigating that option. Sealed records don't mean anything here wrt licensing.

I know a federally PP cannot handle guns, not sure how that applies in this situation. The state is restricting your access to a license but does that impact your ability to shoot in MA?

 

[Len-2A Training]

Either options should work but others will be along soon to correct me if wrong.

If this happened in a state that offers an opportunity to expunge your record, might be worth investigating that option. Sealed records don't mean anything here wrt licensing.

I know a federally PP cannot handle guns, not sure how that applies in this situation. The state is restricting your access to a license but does that impact your ability to shoot in MA?

Under MA law, "simple assault" is defined as a "violent crime" and a lifetime DQ for LTC statutorily. The Feds have stated that in a case like this they consider you a Federally Prohibited Person too! Thus touching a gun or ammo in MA can lead to the Fed Pen. As I understand it other states do not have this issue and thus he might be free to own/shoot in NH or other states (but MA gun law is my expertise, not every other state - so check first before assuming it's OK).

 

[jeancalvin]

Thanks for the responses. I am not currently a PP, I was convicted in another state where the statutes proscribe less than 2 years. Are you saying that if I touch a weapon in Mass I would become a federal PP? Can the FLRB review an assault case for an FID (for personal reasons don't own pistols or revolvers), I was confused in their language they say it is a lifetime ban but also only forbid an appeal for a domestic in other documents?

 

[Len-2A Training]

Sadly, here is your answer.

MGL C. 140 S. 129B (FID)

Statutory disqualification's for out-of-state convictions
(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:
(a) a felony;
(b) a misdemeanor punishable by imprisonment for more than two years;
(c) a violent crime as defined in section 121;
(d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or
(e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C;

Restoration of civil rights
Provided however, that except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, and such applicant’s right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, such conviction or adjudication shall not disqualify such applicant for a firearm identification card;

Here's the MA interpretation of a violent crime:

Misdemeanor Conviction Disqualifiers for FID Cards and LTC's
Crimes Against the Person
Assault (c. 265, §13A)
Assault & Battery (c. 265, §13A)

Assault is a simple assault, no weapon need to be involved.

 

[drgrant]

Store your guns out of state and when you finish school, STAY out of this state. Nothing good comes of dealing with the BS in MA, particularly in the shoes you are in. You'd be better off in Vermont or state that is not going to discriminate against you for the rest of your life for something you did a long time ago.

-Mike

 

[jeancalvin]

I saw that statute Lens. What confuses me is that Chap 140 Sec 130B states
{(b) An applicant for a firearm identification card or license to carry who has been convicted of or adjudicated a delinquent child or youthful offender by reason of an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth which was not: (a) an assault or battery on a family member or household member, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the review board, may, after the passage of 5 years from conviction, adjudication as a youthful offender or a delinquent child or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring, file a petition for review of eligibility with the firearm licensing review board. }
I like to think I am a smart dude but I am confused

 

[Neuro]

spend a few bucks on a local attorney chat.

 

[NorthShore]

I wouldn't do anything in Mass for the sole reason you could be denied and that denial may follow you to another state. Go to school and get out when your done... it's all about priorities at this stage of your life. I am also guessing your in your early or mid twenties.