Hello all new to the forum. I was denied yesterday in NH when buying a firearm and have been reading from this forum all day. I lived in MA for 32 years before moving to NH recently. I was convicted of OUI in Massachusetts 8 years ago, it is my only conviction. I have never owned a firearm or tried to own one until yesterday. I am wondering if I currently have any recourse? Or am I just cooked? Should I try to still go infront of the board even though I am no longer a resident? The whole thing is very confusing
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NICS denied my firearm transfer in NH
- Thread starter Milk7689
- Start date
Did you see these threads? A standing MA OUI conviction will haunt you no matter where you live. Best of luck.
www.northeastshooters.com
www.northeastshooters.com
DUI/OUI a deal breaker?
Is a MA DUI/OUI (whatever they call it here) a done deal as far as LTC is considered? As I understand it, a DUI conviction in MA is made into a federal prohibition of possessing a firearm. Apparently a convict could still get a an FID card but would be permanently ineligible to actually buy or...
www.northeastshooters.com
DUIs going away
Just heard on Boston 25 news that due to a court case, thousands of DUIs are being tossed out from 2011 through 2019 because the state failed to properly maintain breathalyzers.
www.northeastshooters.com
Unfortunately I am out of luck as 22 year old me thought it would be wise to refuse the BAC. I have been reading about all the work done in MA the last few years in respect to getting rights restored after a hearing. Was it concluded that for now the FEDs will not prosecute anyone who has had their rights restored by the board even though they are still technically a PP?
You have to have your civil rights restored to specifically include 'your 2A rights'. I don't believe the FLRB can so that. Still a Fed PP.
sorry but you are screwed...
The ONLY way out is to get the case re-opened and the disposition changed to not responsible/not guilty
Even if you go back, change the plea, and get it CWOF'd, under the law you are still a PP
The chances of getting a pardon are near zero, pardons with 2A right restored are unheard of.
Can you break the law and risk getting caught with a firearm as a PP .... sure you can, there are ways to do it, but neither I or anyone here will tell you how to do it, you would pretty much be limited to owning a gun in your own home for self defense and if you ever had to use it you would be FUBAR'd beyond belief.
Did you have a lawyer?
If so he/she let you plead guilty to a first offense DWI?
That is unheard of, NOBODY pleads guilty to a first time DWI unless there were extenuating circumstances like you got them to agree to drop beastiality charges in return for the guilty plea on the DWI
a CWOF carries the exact same penalties, including the gun ramifications, but it is not considered as bad as a straight out conviction...
IF you had legal representation, and plead guilty, there is a billion to one chance to ask for the case to be reopened , the verdict set aside, and a new trial ordered based on your having ineffective counsel/legal representation, and then another one in a million chance of you being found not responsible/not guilty
in case you are wondering those odds are a 1 with 15 zeroes after it.
IANAL, the above is just an opinion, and nothing is to be construed as advocating for you to do something illegal that would get you jammed up more than you are now.
The ONLY way out is to get the case re-opened and the disposition changed to not responsible/not guilty
Even if you go back, change the plea, and get it CWOF'd, under the law you are still a PP
The chances of getting a pardon are near zero, pardons with 2A right restored are unheard of.
Can you break the law and risk getting caught with a firearm as a PP .... sure you can, there are ways to do it, but neither I or anyone here will tell you how to do it, you would pretty much be limited to owning a gun in your own home for self defense and if you ever had to use it you would be FUBAR'd beyond belief.
Did you have a lawyer?
If so he/she let you plead guilty to a first offense DWI?
That is unheard of, NOBODY pleads guilty to a first time DWI unless there were extenuating circumstances like you got them to agree to drop beastiality charges in return for the guilty plea on the DWI
a CWOF carries the exact same penalties, including the gun ramifications, but it is not considered as bad as a straight out conviction...
IF you had legal representation, and plead guilty, there is a billion to one chance to ask for the case to be reopened , the verdict set aside, and a new trial ordered based on your having ineffective counsel/legal representation, and then another one in a million chance of you being found not responsible/not guilty
in case you are wondering those odds are a 1 with 15 zeroes after it.
IANAL, the above is just an opinion, and nothing is to be construed as advocating for you to do something illegal that would get you jammed up more than you are now.
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You are incorrect on this one point. A CWOF is a CWOF/Dismissed and the same as any other dismissal when it comes to gun ownership. The only exception to this is some MA LOs will use it for a suitability denial. Others in MA won't care, and NH definitely doesn't care.
OP if you want to try having the case reopened talk to @nstassel. The only way to get it reopened is to claim you weren't properly represented, you are throwing your past lawer under the bus, so going to him again will only get you a "it can't be done".
HARRYM
NES Member
And yet do you know how many Police Officers in this country have OUI's on their record? Quite a few.
Its been beaten here many times. The loss of a Constitutional Right over 1 OUI charge, stupid. How many other Constitutional Rights are also lost over 1 OUI. As we all know its just another way to ban guns. There is nothing preventing them from saying convicted of a stop sign violation is a loss of your right to carry. If Trump loses this fall we are all in deep shit, very deep. They will never ban all guns per say they will simply engage a de-facto ban with a host of rules, reasons, regulations that amounts to a ban. As others have said sit down with a Lawyer and see what they think. Good luck.
It's not just a first time oui, it's a first time oui in MA. Most states don't have the potential sentence that MA has, and it's this potential sentence, not what is actually imposed, that triggers the PP.
Correct, but they "carry on the badge" , many departments wised up and have it in their contracts, employment policy, continued employment rules that an Officer must have a valid LTC and drivers license.
I personally know a cop, now retired, that had a felony record, he carried on the job but left his department issued weapon at the station when off duty.
The one law that the Cops did not get a free pass on was Lautenberg, if they get jammed up by a crazy GF, a vindictive soon to be ex wife, etc., they are FUBAR'd like the rest of us.
AHM
NES Member
(Feds don't care. He was committing a crime the whole time he had guns or ammo in his possession.
18 USC §922
...
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ...
to ... possess in or affecting commerce, any firearm or ammunition; ...)
