New Guy with questionable past

[Brandon1317]

No need for that since he will get a FID card but still be a federally PP. Although some get past the fed background check for some odd reason.

And plus their are not many lawyers that do free consultations for firearms related issues. A lot of the lawyers that "specialize" in firearms really aren't that good.

 

[banned]

Hey Guys, I am new to the forum and was wondering if I did the correct thing today. I got myself in a fair amount of trouble when I was younger and I am afraid that I may of screwed up Second amendment rights for ever. I sent a email to the Chief of Police in my town asking about weather or not I am disqualified federally from owning a firearm. He was extremely helpful to the point he offered to save me the money on running a CORI on myself to get dates on particular convictions by doing it himself for me for Monday. I have a OUI that was prior to 1994 that should not be a problem, but I do have a incarceration for a possession with intent to distribute among 2 lessor charges back 20 years ago that I served 1 year for. I am guessing that will kill me in the water there. I am wondering if doing this by myself instead of checking with a lawyer could of been the wrong thing or it wouldn't of mattered anyway?? I guess that I would have a second question to follow that up.....my wife has a spotless record and would not have a problem getting a FID or LTC , but would that be a problem in the eyes of the law?? I would guess that it would be best to leave it alone. I am interested in protection of my home first and foremost as it seems like there is more and more crime in the news everyday. The other quick question would be once a federal decision is made final, is there any way to reverse it? Thanks for your interest and time, Dennis

A motion for a new trial is the only solution that may be worth pursuing. It will be an uphill battle though. Depends on factors such as the details of your plea and how it was tendered.

 

[Brandon1317]

A motion for a new trial is the only solution that may be worth pursuing. It will be an uphill battle though. Depends on factors such as the details of your plea and how it was tendered.

Is it possible to have a disposition changed after a conviction?

 

[M1911]

On another note and I am not 100% certain of the accuracy of this, I was told that with the FID card, I could attempt to purchase a rifle or shotgun and the ok, wait, or denial would come via the NCIS search...that would take away the chance of the ATF showing up at my house and arresting me for felon with a firearm...because I would be denied or approved by the Feds on the spot and not violate any laws that I am aware of....I am going to get my FID, purchase a muzzle loader and ammo and try to purchase a shotgun for home defense and see what happens.

You've already been to jail before. Do you really want to go back? In this case, it would be federal time and up to 10 years.

 

[Brandon1317]

Personally I think the chances of him getting convicted for felon in possession when he has a a FID card would be low unless their was another crime involved. I don't think the Feds are looking to open up this issue again with the fairly recent Heller decision. Again I have found no cases where a person with a FID card and being federally prohibited have been charged with felon in possession. If some one can prove me wrong I would love to see it.
Just my two cents and I know most will disagree.

 

[Emoto]

Personally I think the chances of him getting convicted for felon in possession when he has a a FID card would be low unless their was another crime involved. I don't think the Feds are looking to open up this issue again with the fairly recent Heller decision. Again I have found no cases where a person with a FID card and being federally prohibited have been charged with felon in possession. If some one can prove me wrong I would love to see it.
Just my two cents and I know most will disagree.

The stakes in such a bet are high.

 

[Brandon1317]

The stakes in such a bet are high.

Well aware of that but part of the issue is the number of people with FID cards in this same boat and have no idea about the federal issue. You only know of the federal issue if you search and search online and even then it still confusing and why would you even search for something like since the state issued you the license. Most police departments have no idea about the federal issue either which is even worse. So when some one in this position goes and gets a rifle after getting their FID and now again they are committing a crime and have no idea they are even doing so.. Same exact issue with a restoration from the FLRB for 2.5 year misd. but yet some lawyers will help you do this with the state even though your still federally PP. So again some one made a law but never looked into enough to understand their are still federally issues involved even though the state already knows the whole FID card thing is messed up.

Really in the end the question should be why do the fed's have any say in firearms rights at the state level for a state offense?

 

[Len-2A Training]

Personally I think the chances of him getting convicted for felon in possession when he has a a FID card would be low unless their was another crime involved. I don't think the Feds are looking to open up this issue again with the fairly recent Heller decision. Again I have found no cases where a person with a FID card and being federally prohibited have been charged with felon in possession. If some one can prove me wrong I would love to see it.
Just my two cents and I know most will disagree.

I suggest that you contact Chief Glidden. He has told me of a few cases where he and other chiefs have dropped a dime on an FID holder (PP) and the Feds have prosecuted. That's all the info I have, but I do believe him.

And FLRB restoration, although the Feds won't recognize it, they told Jason Guida that they will NOT prosecute as a Fed PP!

 

[Brandon1317]

I suggest that you contact Chief Glidden. He has told me of a few cases where he and other chiefs have dropped a dime on an FID holder (PP) and the Feds have prosecuted. That's all the info I have, but I do believe him.

And FLRB restoration, although the Feds won't recognize it, they told Jason Guida that they will NOT prosecute as a Fed PP!

That would be interesting! A dept issues the illegal license and then reports the person! That seems like a good little lawsuit against the dept and state.

The Feds saying they won't prosecute some one with a FLRB restoration is a joke and would some one really go by that? If they actually said that how could they really go after a PP with a FID card? You could say a person with a FID card meets more of the requirements for a federal restoration then a person with a FLRB restoration since a felon has had there civil rights taken away and then have gotten them back.

 

[Lank]

Might want to consider archery. Not trying to be a wise guy, just saying

 

[Rob Boudrie]

The Feds saying they won't prosecute some one with a FLRB restoration is a joke and would some one really go by that?

Even if the above is absolutely true,

1) The feds will NOT remove a FLRB relief recipient, whose offense was a federal disqualifier, from the NICS prohibited buyer list.

2) Even if it is the policy not to prosecute, taking advantage of this, absent a formal agreement not to prosecute, is handing the feds a "blank check for a conviction" that they can threaten to cash any time they wish to pressure the subject into doing something they want, but cannot legally require said subject to do. In that sense it is similar to a loan in Dubai. Writing a bad check in that country is a jailable offense, so persons taking a loan must write a check for the full loan balance to the bank which is kept on file as collateral. If the borrower doesn't pay, and can't work something out with the bank, the bank tries to deposit the check and the borrower goes to jail.

So "going by that" is a high stakes game not worth playing.

 

[Big_D]

Let me be the example. I have 3 or 4 charges for possession almost five years ago. Charges were always cwofed out. I was able to get my LTC A. I'm currently waiting on the card in the mail. Chief wanted to interview for "suitability". He said he would grant the license. Never said anything about restrictions though.

 

[Emoto]

Let me be the example. I have 3 or 4 charges for possession almost five years ago. Charges were always cwofed out. I was able to get my LTC A. I'm currently waiting on the card in the mail. Chief wanted to interview for "suitability". He said he would grant the license. Never said anything about restrictions though.

The feds don't use CWOFs as a disqualifier though, do they?

 

[Big_D]

No but it falls into the chiefs discretion about suitabilty. I ended up meeting with the lady who does the app, LT, Sargant, and Chief befor I got approved. Chief said he would grant it. I was utterly amazed. I've heard mixed rumors that a CWOF makes you wait five years but i don't believe that in fact is true.