Possession?

[Frosty]

Ok, so i just joined this website, at my fathers invite, and I live in Fall River, MA. I am going to my gun class on sat. and going to be putting in my application for an LTC class a or b. Probably an a. I am 23 yrs. old and remember hunting with my father and target practice being the best memories of the things we did together and have decided to get my license to go hunting/ target with him again. The only thing I am thinking is that when I was a juvenile I was on probation and had possession of a class d substance. Never violent or weapon charges, distribution, theft, or anything else just failed a few drug tests for class d. And when I was 17 I was arrested for possession but the case was dismissed by the d.a. and I never had trial or anything. That was the last time I was arressted. I guess my question is, with the seemingly vauge profile of my history, is there any chance I will be denied a LTC or is their any preventative measures I could take to prepare myself for someone questioning me on said "legal issues?" I have read the guidelines and laws of the distribution of licenses in brief and know that "i) has, in any 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;" and with that "section 1 94C" part it is very vague on possession of class d everything other drug is pretty specific.

 

[Rob Boudrie]

That was the last time I was arressted. I guess my question is, with the seemingly vauge profile of my history, is there any chance I will be denied a LTC

The question is "is there any chance I will be able to get an LTC?", not "is there any chance I wil be denied?". All the usual get thee to a gun lawyer stuff applies.

Drug convictions, even simply Class D posession prior to the decriminilization, are state level disqualifiers. You need to find out if you were really on "probation" (a sanction imposed after conviction or pleading out), or CWOF (sort of like probation, but the charges are dropped if you complete the continuance period without any problems).

And what is this about "failed a few drug tests" - you don't get tested except for some job/activity requiring it, or if you are on probation or parole. In those cases, here in MA, charged aren't brought for a failed test, only for possession of the drug outside your bloodstream.

Something sounds a bit fishy.

 

[Frosty]

No fishiness just trying to get a better understanding of the situation I am in. I want to get my LTC as my father has certain guns he would like to give to me that require a class a license. As for the failed drug tests, they were issued by probation not a job or anything like that and I failed while on probation. Also i was initially put on probation due to a trespassing charge (school grounds after hours) not b/c of drugs. I cant say i was an angel when i was a teenager but now a few years older I have tried to rectify the err of my past and move on with my life.

 

[lord1234]

three words:
Call a Lawyer

a few more words:
Darius Arbabi
Jesse Cohen
Keith Langer

 

[zeppelinfromled]

three words:
Call a Lawyer

a few more words:
Darius Arbabi
Jesse Cohen
Keith Langer

+1

Normally, I don't think it's necessary, but with charges in the past, especially more than one, it's probably a good idea.

 

[cbrburns]

Something sounds a bit fishy.

A juvie on probation probably has to pass drug screens if that's what original offense was for. Busted with weed, failed the pee-pee tests while on probation is what I think he meant.


Definitely lawyer up.

 

[appraiser]

I hate to be the bearer of bad news, but I think there is zero chance of you getting any kind of license.

If you failed a drug test while on probation, it goes right to suitability, and would have been a violation of your probation. Was there a surrender hearing after?

I think you have made your bed.

And don't get me wrong I am not anti 420, but when you are on probation, especially on a CWOF, you got a break from the Judge and to keep up your end of the bargain you have to be a good boy, jump through the hoops your P.O. makes you jump through, and I know it isn't always fair or reasonable. You also have to agree not to break any laws, and you ignored that part of the agreement. There are people out here, right now, who have had Class A licenses for 30+ years, that are getting denied renewals on suitability, for petty crap they did 30 years ago.

 

[ceo012384]

I think your chances of getting licensed with all that history, including failing drug tests while being on probation, are pretty slim, even in the greenest of MA towns, and Fall River isn't green.

That is just my humble and fairly-new-to-all-of-this opinion though.

Edit: ^beat me to it

 

[machocheese]

Pull your CORI and find out exactly what your record is. If you have a conviction for any controlled substance possession charge, you screwed (federally). If it was CWOF you've got an uphill battle.

Oh yeah, and get a lawyer.

 

[Windwalker]

Frosty,
The advice to get a GOOD LAWYER is the best you'll get. All else is well-meaning speculation and advice and shouldn't be used to form your decisions. There are very good lawyers on this forum. Call one.

 

[buketduder]

Pull your CORI and find out exactly what your record is. If you have a conviction for any controlled substance possession charge, you screwed (federally). If it was CWOF you've got an uphill battle.

Oh yeah, and get a lawyer.

Are you sure about this?? I know people with pot convictions (juvi and adult) that have CT Pistol Permits..Misdemeanors..I don't believe this is a federal thing..if so..the State of CT is out of compliance..

 

[vellnueve]

You can have a state permit all you want and still be in violation of federal law.

 

[soloman02]

He was 17 at the time of arrest and was never convicted of possession. First: Wouldn't that stuff be locked away with his JuV record upon him turning 18, and Second: He was never convicted of possession so how does that prevent him from receiving an LTC?

Or is Mass so F'ed up that even though he was never convicted of possession (only trespass which is a misdemeanor IIRC) he cannot get an LTC?

 

[Rob Boudrie]

have a conviction for any controlled substance possession charge, you screwed (federally)

Please provide a cite.

4473 question 11e is "are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug or other controlled substance". This is a substantially different question than "have you ever been convicted of a drug offense", as the 4473 is question about present habits. Felony drug convictions are federal disqualifiers, but I don't think non-felony drug convictions trigger a lifetime federal prohibition provided the buyer can truthfully answer no to question 11e.

 

[Len-2A Training]

Under MGL, Statutory Disqualifiers:

MGL Ch. 140 S. 131
(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender of delinquent child for the commission of:

(e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C.​

That's why it is important to get a copy of your actual Docket Sheet from the court you were in to see the exact disposition and charges.

 

[Rob Boudrie]

Under MGL, Statutory Disqualifiers:

Correct at the state level, but not federally unless it's a felony.

 

[alexshy]

Ok, so i just joined this website, at my fathers invite, and I live in Fall River, MA. I am going to my gun class on sat. and going to be putting in my application for an LTC class a or b. Probably an a. I am 23 yrs. old and remember hunting with my father and target practice being the best memories of the things we did together and have decided to get my license to go hunting/ target with him again. The only thing I am thinking is that when I was a juvenile I was on probation and had possession of a class d substance. Never violent or weapon charges, distribution, theft, or anything else just failed a few drug tests for class d. And when I was 17 I was arrested for possession but the case was dismissed by the d.a. and I never had trial or anything. That was the last time I was arressted. I guess my question is, with the seemingly vauge profile of my history, is there any chance I will be denied a LTC or is their any preventative measures I could take to prepare myself for someone questioning me on said "legal issues?" I have read the guidelines and laws of the distribution of licenses in brief and know that "i) has, in any 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;" and with that "section 1 94C" part it is very vague on possession of class d everything other drug is pretty specific.

I had got my LTC A no rest. about 2yrs ago . I was interviewed by a leo that arrested me himself about3-4 times and passed to the cleo who just became chief 6yrs ago who also arrested me 2 times, I am 29yrs old along with afew other arrests. I had spent a total of 4 1/2yrs on probation which all of my cases were either not guilty or continued without afinding a total of 27charges which 19 of them I was a minor Sorry won't get into details(wrong place at the wrong time ) I had turned 21 The end of my last probation period. It would be a good idea to seek legal advice, the only reasons I got lucky is because I somewhat knew both leo's from our history and I knew how to talk to them, but other than that, if I had went and tried in a different town they would laugh. Chances would have been slim, but I only had 1 class d and that was actually my last charge which I was found not guilty, but it was a big risk anyway U look at it. If I had known about this forum I definitely would have taken alot of the advice to seek legal advice but everything worked out, I have confidence that you'll get it if you live in a green town

 

[GSG]

Gerald Gallo kept his LTC after a CWOF'ed charge for buying crack from an undercover police officer, and a few other things. It's not impossible, but having something like that on your record, especially several cases, is going to make it difficult to say the least, especially depending on how gun friendly your local chief is.

And what is this about "failed a few drug tests" - you don't get tested except for some job/activity requiring it, or if you are on probation or parole. In those cases, here in MA, charged aren't brought for a failed test, only for possession of the drug outside your bloodstream.

It is very possible to have supervised probation as part of a CWOF in MA.

If you have a conviction for any controlled substance possession charge, you screwed (federally). If it was CWOF you've got an uphill battle.

You can have a state permit all you want and still be in violation of federal law.

That depends. Refer to the thread Stuck with an FID? You might be a federally prohibited person.

But in general, if he has a conviction for posession of marijuana, even if the conviction was a misdemeanor, he is disqualified for life from obtaining a Mass. LTC, resident or non-resident.

 

[hicksonj]

Frosty, your CORI is probably going to be clean... You need your Juvi Record from the Office of Probation in Boston. The simple answer to all of this is: if you CWOFed, you have a chance (with a stellar application, cover letter, etc)... if you were found guilty, DO NOT APPLY for a license in Massachusetts.

I'm sure you are excited about the class, sending in an application, and getting to enjoy your dad's collection. That being said, take your time here and do your homework or else you will screw yourself royally in the long run.

 

[Half Cocked]

He was 17 at the time of arrest and was never convicted of possession. First: Wouldn't that stuff be locked away with his JuV record upon him turning 18

You are an adult at 17 in Ma.

 

[GSG]

You are an adult at 17 in Ma.

And even if he was a juvie at the time of conviction, IIRC he would still be disqualified. Something along the lines of they won't reveal wht's on your record, but they will reveal if it's a disqualifier in a pass/fail fashion, right?

 

[Titan]

Frosty, your CORI is probably going to be clean... You need your Juvi Record from the Office of Probation in Boston. The simple answer to all of this is: if you CWOFed, you have a chance (with a stellar application, cover letter, etc)... if you were found guilty, DO NOT APPLY for a license in Massachusetts.

I'm sure you are excited about the class, sending in an application, and getting to enjoy your dad's collection. That being said, take your time here and do your homework or else you will screw yourself royally in the long run.

Your reply suggests that he might have better luck applying in a state other than MA. Can you elaborate, please?

.

 

[GSG]

Your reply suggests that he might have better luck applying in a state other than MA. Can you elaborate, please?

.

In New Hampshire, a misdemeanor marijuana conviction won't disqualify him from buying or owning guns. In Florida, he can buy guns with that conviction, but he has to wait 3 years to apply for an Concealed Weapons Permit.

It's not an issue in most states, because most of the US is shall-issue with LTC's, and no license is required for people to own guns.

 

[Mini Glock]

And even if he was a juvie at the time of conviction, IIRC he would still be disqualified. Something along the lines of they won't reveal wht's on your record, but they will reveal if it's a disqualifier in a pass/fail fashion, right?

In Mass, Juvie records (that aren't specially sealed) are available to Law Enforcement for just this reason. It would not be good if someone that committed murder at 14 tried to become a Police Officer at 30 and the Juvie record was not available. I realize that murder is different than possession of weed, but I'm just making my point, which is moot because he was 17 and an adult in the eyes of the court and the Commonwealth.

 

[buketduder]

In New Hampshire, a misdemeanor marijuana conviction won't disqualify him from buying or owning guns. In Florida, he can buy guns with that conviction, but he has to wait 3 years to apply for an Concealed Weapons Permit.

It's not an issue in most states, because most of the US is shall-issue with LTC's, and no license is required for people to own guns.

yep, same here in CT..a marijuana convicition, DUI, Juvi felony (unless serious like rape, murder) and you can still get a CT Permit...thats why i was wondering if federal law really prohibited it...

 

[Rob Boudrie]

thats why i was wondering if federal law really prohibited it...

Only if it was a felony, or if you are currently a user of illegal drugs.

 

[GSG]

Only if it was a felony, or if you are currently a user of illegal drugs.

Correct.

 

[Half Cocked]

And even if he was a juvie at the time of conviction,

You can't be "convicted" of marijuana possession (first offense) in Ma.

 

[GSG]

You can't be "convicted" of marijuana possession (first offense) in Ma.

Not now with it being a civil fine. And before, I really don't know, but he mentioned plural legal troubles, so I think it's safe to assume that he could've gotten hung up on it more than once.

Or maybe I didn't read well enough into what he wrote.

There's a whole world of possibilities here.

 

[soloman02]

Or maybe I didn't read well enough into what he wrote.

He did say he was not convicted of it.

And when I was 17 I was arrested for possession but the case was dismissed by the d.a.