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New member, lots of questions.

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BigIndian

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Hey all, nice to be a part of this very informative and seemingly professional group of shooters.

I live in the law burdened state of mass and have an fid card as a DUI almost 25 years ago is holding me from getting my LTC. Being this infraction was so long ago and have had my fid all my life, would it help to talk to my chief in town? I feel the foolish action of a 23 year old kid shouldn't keep a law abiding 49 year old man with an otherwise clean record from obtaining his ltc.

Now, there are some manufacturers that make supposedly mass legal AR style rifles. Dark Storm industries and Minuteman to name a couple. Having "fixed non detachable 10 rd magazines", these should be able to be purchased on my fid card.

I already own a couple sks, a wasr10 and a couple other battle rifles that are all fid ok, so these new ar style rifles should be ok correct?

Thanks in advance for any input, and if anyone owns one of these, how is the quality?
 
Start with the two sticky threads in General Discussion about MA law, regulation, and practice.
 
First, welcome :) Second, pay no attention to the snark, we're a sassy bunch. Third, there are several attorneys that specialize in firearms law, you should have little problem "upgrading" with their halp. Others will give you better recommendations on which to use for your particular situation. I can tell you from personal (CLOSE family member) that it can be done. He had a pot conviction from roughly the same time frame and got his LTC-A. Lastly, go green:)
 
Thanks Rad, gonna go green this week and probably buy a life membership.

And to the "snarky guy Omega", yeah read the sticky threads however, my post asked specific questions about a couple firearms and if anyone owned one and the quality. Please re read my post.
 
BigIndian said:
Thanks Rad, gonna go green this week and probably buy a life membership.

And to the "snarky guy Omega", yeah read the sticky threads however, my post asked specific questions about a couple firearms and if anyone owned one and the quality. Please re read my post.
Click to expand...
The majority of your post is about laws which reading the threads linked to would presumably answer. If you're looking to find out the quality of a rifle you should put the name of the gun in the title if you expect owners to actually chime in.
 
bottle-cap said:
FID all your life? When was it issued? They are not valid forever without renewing.
Click to expand...
since the law change and have renewed as required since. Got my first one when I was 15 and yes those were non revokeable until the law change in the early 90's. Had to wait two years after my DUI and was able to get a new FID and have renewed ever since.
 
Snora said:
The majority of your post is about laws which reading the threads linked to would presumably answer. If you're looking to find out the quality of a rifle you should put the name of the gun in the title if you expect owners to actually chime in.
Click to expand...
Boy you sound like a very happy person, you must be part of the forum police, lolol...
 
sorry, but you are screwed if the DUI was after after 1993 ( the exact date is sometime in 1994), short of getting a Governor's pardon ( ain't happening and sometimes that will not restore gun rights) you are not going to get a permit.

You are not alone in this. Many others have been screwed even worse.

In the good old days, a DWI was resolved with a "court cost" of $62.50 and you went on your merry way.

Some people had a few of them, and had CCW permits.

Then the law changed....

They got a post 1993 DWI and now it counted as an 8th offense... and they were completely FUBAR'd.

Other people who had CCW for years got denied on renewal for some minor offense 40 years ago.

PS there are some people who got FID cards, that are actually prohibited persons under Federal law. It is rare, but it is a Catch-22 that has ensnared people who thought because the State gave them a FID they were good with the Feds,

As for the long gun in question, find a dealer and go try to buy one. If it clears the system once you have truthfully answered the questions on the form, you have your answer.
 
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what city are you in? asking because some cop's, when deciding on issuing a ltc, feel at 23 one is not a "kid" but rather an adult who should know better, played the game and lost. not snarky, calling it as it is.
 
BigIndian said:
Boy you sound like a very happy person, you must be part of the forum police, lolol...
Click to expand...

He is right and it bears mention that new members often go thru a hazing period as they learn the ropes so keep that in mind before you retort...
 
appraiser said:
sorry, but you are screwed if the DUI was after after 1993 ( the exact date is sometime in 1994), short of getting a Governor's pardon ( ain't happening and sometimes that will not restore gun rights) you are not going to get a permit.

You are not alone in this. Many others have been screwed even worse.

In the good old days, a DWI was resolved with a "court cost" of $62.50 and you went on your merry way.

Some people had a few of them, and had CCW permits.

Then the law changed....

They got a post 1993 DWI and now it counted as an 8th offense... and they were completely FUBAR'd.

Other people who had CCW for years got denied on renewal for some minor offense 40 years ago.
Click to expand...
Yup my DUI was in 94, I am happy that my town worked with me and allowed my FID rights, believe me very happy. Which is why I am looking at the "fixed non detachable 10 rd Mag ar style rifles" which should be legal on my FID.

Thank you for your honest reply
 
I could assume that because you have a MA FID the DUI wasn't in MA, because wouldn't a MA DUI make you Fed PP?
So lets remove some assumptions;
- Where you convicted for a DUI in MA? Other possibilities are that you got a COWF and the LTC issue is "Suitability", or the conviction was in a state where a DUI doesn't rise to the level of a Fed PP.
- You say you have had an FID for your whole life. Have you been renewing it, because they changed the rules and they are not valid for life, regardless of what it may say.
- If it is a suitability issue, because that is the only way I can see you having a valid FID and not being able to get an LTC, then the track record for getting a denial overturned isn't good. There was a ruling recently that may help. It reinforced the definition of unsuitable to follow the actual law. I'd be very interested if this is the case and you are success full. If so please pm me and let me know what happens, I have a person interest.
- If you have not been denied, and the DUI doesn't rise to the level of making you PP, basically they told you they wouldn't approve an LTC but you never actually filed an app, then talking to the Chief may help. You may want to consult an attorney specializing in gun law first, but if you haven't been denied you're still at the talking stage. What town you are in will make a BIG difference.
 
Nick Fury said:
He is right and it bears mention that new members often go thru a hazing period as they learn the ropes so keep that in mind before you retort...
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I expect it, and trust me I am no stranger to forums and how some folks are and act to new people. Been a video gamer all my life and still am, those forums are brutal so I know what to expect, i'll drop the guard a little, thanks bro.
 
BigIndian said:
Yup my DUI was in 94, I am happy that my town worked with me and allowed my FID rights, believe me very happy. Which is why I am looking at the "fixed non detachable 10 rd Mag ar style rifles" which should be legal on my FID.

Thank you for your honest reply
Click to expand...
Only way to restore rights is through FRB, if this is your situation you need to contact Comm2a. There is an ongoing situation because the ATF has decided that FRB restorations of rights don't really count on a fed level and they want all the Chiefs to revoke and FID/LTC that have been issued to those that they say are Fed PP.

Oh, you could also get a pardon with restoration of rights, but that's not likely.
 
42! said:
I could assume that because you have a MA FID the DUI wasn't in MA, because wouldn't a MA DUI make you Fed PP?
So lets remove some assumptions;
- Where you convicted for a DUI in MA? Other possibilities are that you got a COWF and the LTC issue is "Suitability", or the conviction was in a state where a DUI doesn't rise to the level of a Fed PP.
- You say you have had an FID for your whole life. Have you been renewing it, because they changed the rules and they are not valid for life, regardless of what it may say.
- If it is a suitability issue, because that is the only way I can see you having a valid FID and not being able to get an LTC, then the track record for getting a denial overturned isn't good. There was a ruling recently that may help. It reinforced the definition of unsuitable to follow the actual law. I'd be very interested if this is the case and you are success full. If so please pm me and let me know what happens, I have a person interest.
- If you have not been denied, and the DUI doesn't rise to the level of making you PP, basically they told you they wouldn't approve an LTC but you never actually filed an app, then talking to the Chief may help. You may want to consult an attorney specializing in gun law first, but if you haven't been denied you're still at the talking stage. What town you are in will make a BIG difference.
Click to expand...
Exactly this, my original card I got in 1985 was "non revokeable" until 1993 when the laws all changed. After a two year wait my chief at the time granted me my fid card back but would not give me an ltc and I have been renewing it ever since. Yes my dui was in mass so as I have said I am very gracious to still have my fid.
I will definitely let you know via pm though, thanks friend.
 
milktree said:
49 (current age) - 23 (date of DUI) = 26 years ago.

2018 - 26 = 1992

edit:

something is funny about the dates/ages in post #1 if the DUI was in '94
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Yeah meant to say i'm gonna be 49 when I renew again this coming feb and the dui was in 94, you are quite the math whiz there milky boy. Go bust someone elses balls...
 
"a DUI almost 25 years ago" is too vague. If you were CONVICTED (found guilty) of Operating Under the Influence after 1994, you faced a possible 2.5 year jail term, making you a federally prohibited person. Prior to 2015, the Commiewealth would grant an FID card, but will not renew that. You used to be able to get relief from the FLRB, but the Commiewealth recently caved in to the ATF and now says that FLRB relief is no longer valid.

BUt....

Most OUI first offenses resulted in a CWOF (Continued without a finding). If that was the disposition, then you are not a prohibited person, you can renew your FID, and your chief may even issue a LTC. The chief has discretion as long as you are not prohibited.

So.... details are important. Get a copy of your CORI and see if the disposition says "CONVICTION" or "NON-CONVICTION".

If it says NON-CONVICTION, you can get an LTC. If it says CONVICTION, you've got a tough fight ahead.
 
namedpipes said:
There are a ton of people that were issued "valid for life" FID's back in the day and have no idea they were legislatively expired a while back. Some flatly refuse to believe it.

Bigindian, definitely talk with a lawyer (a good one specializing in this, not cousin Louis). COMM2A might be another good resource to ask for guidance from. At the very least they will give you a solid recommendation on a lawyer.

Meanwhile you might be well advised to place anything you have with a licensed friend. Easier to get them back later from a buddy than from a bonded warehouse.
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I have a valid fid please read my posts, that is not the issue just bought ammo yesterday. just curious if I had a shot at my ltc and if anyone had any experience with the two rifles I mentioned in my OP.
 
swatgig said:
"a DUI almost 25 years ago" is too vague. If you were CONVICTED (found guilty) of Operating Under the Influence after 1994, you faced a possible 2.5 year jail term, making you a federally prohibited person. Prior to 2015, the Commiewealth would grant an FID card, but will not renew that. You used to be able to get relief from the FLRB, but the Commiewealth recently caved in to the ATF and now says that FLRB relief is no longer valid.

BUt....

Most OUI first offenses resulted in a CWOF (Continued without a finding). If that was the disposition, then you are not a prohibited person, you can renew your FID, and your chief may even issue a LTC. The chief has discretion as long as you are not prohibited.

So.... details are important. Get a copy of your CORI and see if the disposition says "CONVICTION" or "NON-CONVICTION".

If it says NON-CONVICTION, you can get an LTC. If it says CONVICTION, you've got a tough fight ahead.
Click to expand...
Had to get my card out of my wallet to get the dates right for you lol. my last renewal was in 2016, june 6 to be exact. and my renewal is june 6 2022. and I believe my dui was CWF.
 
short of getting a Governor's pardon ( ain't happening and sometimes that will not restore gun rights
Click to expand...
The pardon may be issued "with the restoration of gun rights" or "without restoration of gun rights". You will not "sneak in" gun right by applying saying you want to "clear your name". And you know how any gov in the DPRM will react to a request he allow a OUI convict to carry a gun.
 
I believe my dui was CWF.
Click to expand...
If you mean CWOF you have no conviction, just a record that may make it hard for you to convince the local CLEO you are a "suitable person". Get a court certified copy of your record to know for sure; be sure to disclose it on your LTC application; and bring the certified copy to your application meeting. If you are willing to pay, hire an attorney to plan strategy with you. Do not call attys for free advice; you'll just come across as a leech. An office meeting an advice should be a couple hundred. But, bring the certified copy with you - otherwise the atty will want to get it for you, at your expense.
 
BigIndian said:
I have a valid fid please read my posts, that is not the issue just bought ammo yesterday. just curious if I had a shot at my ltc and if anyone had any experience with the two rifles I mentioned in my OP.
Click to expand...

It happens sometimes. A person will read and respond to a post and later find the matter was addressed. If that irritated you it's going to be a rocky road around here. It happens ... all ... the ... time ...
 
To answer your original question, with an FID, you should be able to possess a fixed magazine rifle that looks like an AR. However, you face two possible problems:

1) A know-it-all dealer who says he can't sell it to you because you don't have a Class A LTC. He'd be wrong, but that doesn't mean he'll sell it to you.

2) A know-it-all cop who says you can't possess an AR (super-duper killy, black, military style assault rifle) who takes you to jail for carrying a prohibited item. Then you get to hire me (or another lawyer) and pay me a shit-ton of money to have an expert (for whom you get to pay another shit-ton of money for) to explain to the judge that the item seized is not prohibited. Even so, if you get the wrong (gun hating) judge, he'll still find you guilty, thus making you a prohibited person.

Please note that I don't see #2 as a likely occurrence, but my job is to hope for the best, but plan for the worst.

Since you already have an FID, go ahead and apply for a LTC. If the chief denies you, you're only out $100. You'll still have your FID. If the chief later denies the renewal of your FID, you'll have a great argument that the decision was arbitrary and capricious.
 

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