reckless driving = loss of gun licence

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traditional

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I thought it would be a good piece of information to pass along.
I have not verified this as factual but would not be surprised.
There was a recent car accident where the driver was driving at excessive speed and crashed.
He was charged with reckless driving and will loose his gun licence as the charge is considered a felony in Massachusetts .

I have been known to have a lead foot but never considered this as a consequence.

I would like to know the acuracy of this if anyone might know, and if true to warn others of something I had not considered.
 
Your LTC can be revoked by your police chief if he decides you are not suitable. If you get a felony charge, he may well decide you are no longer suitable and will revoke your LTC. If you get convicted of a felony, you become a prohibited person and he must revoke your LTC.
 
traditional said:
I thought it would be a good piece of information to pass along.
I have not verified this as factual but would not be surprised.
There was a recent car accident where the driver was driving at excessive speed and crashed.
He was charged with reckless driving and will loose his gun licence as the charge is considered a felony in Massachusetts .

I have been known to have a lead foot but never considered this as a consequence.

I would like to know the acuracy of this if anyone might know, and if true to warn others of something I had not considered.
Click to expand...


This isn't a MA thing. Federal law treats misdemeanors with potential* sentences of more than two years in prison as a felony. I'm not sure what the maximum penalty is for reckless driving but I wouldn't be surprised if it was more than two years.

(*Potential meaning whatever the maximum possible sentence is for the crime. Even if you just pay a fine and go home you're still federally prohibited from possessing any firearm for life.)
 
I'm not sure if operating to endanger is a felony. It is a criminal offense, but I don't recall it being a felony.

Anyone have verification or cite a reference?
 
this is Massachusetts: my LTC-A can be revoked on the grounds of unorthodox flatulence, in which case I am definitely guilty.

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Quiet said:
Isn't there a thing where being indicted, charged or under an information or a charge makes you prohibited?
Click to expand...

I thought that question was on the 4473 form?
 
Me also, those surcharges suck. Not sure speeding is a felony, maybe driving to endanger though.
 
45collector said:
What is considered "driving to endanger" in MA? Isn't it anything over 20mph of the posted speed limit?
Click to expand...

For motorcyclists, only having one wheel on the ground is considered DTE. At least it used to be.... There was a stunt riding group (maybe still is) that named themselves DTE after the charge..


AA
 
jasons said:
This isn't a MA thing. Federal law treats misdemeanors with potential* sentences of more than two years in prison as a felony. I'm not sure what the maximum penalty is for reckless driving but I wouldn't be surprised if it was more than two years.

(*Potential meaning whatever the maximum possible sentence is for the crime. Even if you just pay a fine and go home you're still federally prohibited from possessing any firearm for life.)
Click to expand...

2.5 year potential max, a conviction would make you a PP.
 
I've also wondered about how the police treat called in complaints concerning a motorists driving. Does that make it onto your record and if so, how do the police treat that when looking at your history for, well, anything including your LTC.
 
I know a young lady that got a DTE for flipping me off. Bicycle cop observed a young lady that was aggressive with her auto when I was in a cross walk crossing WITH the light who flipped me off for being in the crosswalk. Cop ticketed her for DTE. Happened in JP right in front of the Fire Station on Centre St. I believe that's a mandatory court appearance and I don't want to know what happened to her insurance premiums. OUCH!
 
I will tell you that the vast majority of motor vehicle criminal matters get dismissed on court costs, many before they would appear on one's BOP. However, if it is in concernt with a motor vehicle crash, or there is some extenuating circumstance in the report - a judge will arraign the matter - especially if arraignment is requested by the Commonwealth.
 
Driving to Endanger is a misdemeanor, at least for the first offense. It is not a civil infraction like most traffic violations, the defendant has to appear before a judge. I know this because about 15 years or so ago a wise ass thought it would be funny to tailgate my ambulance through a red light on Cambridge Street in Boston. He didn't think it was so funny when I had to slam on my brakes. Nor did the BPD officer that was behind him. Not only did he total dad's Infiniti, but the officer tagged him not for following too close, but for DTE. I never got called to testify because the officer witnessed it, but I imagine the kid plead to something.
 
The real problem in Massachusetts is that there isn't a system in place to have offences expunged or annulled after a period of good behavior. As I understand it you need to either find a judge willing to reopen the case or get a pardon from the governor. If you don't give people who have made bad decisions at one point in their life a path to redemption why would they bother? I know I really enjoy having my LTC and I go out of my way to ensure I'm never putting myself in danger of losing it.
 
traditional said:
I thought it would be a good piece of information to pass along.
I have not verified this as factual but would not be surprised.
There was a recent car accident where the driver was driving at excessive speed and crashed.
He was charged with reckless driving and will loose his gun licence as the charge is considered a felony in Massachusetts .

I have been known to have a lead foot but never considered this as a consequence.

I would like to know the acuracy of this if anyone might know, and if true to warn others of something I had not considered.
Click to expand...
Point of fact: Reckless driving must be combined with alcohol AND a fatality to be a felony. Moreover, with a potential penalty of no more than two years, it's is NOT an automatic LTC disqual upon conviction, though a chief would be on legally firm ground (at least, until Jan. 1) to revoke based on suitability.

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Smash05 said:
I will tell you that the vast majority of motor vehicle criminal matters get dismissed on court costs, many before they would appear on one's BOP. However, if it is in concernt with a motor vehicle crash, or there is some extenuating circumstance in the report - a judge will arraign the matter - especially if arraignment is requested by the Commonwealth.
Click to expand...

This, 100%
 
45collector said:
What is considered "driving to endanger" in MA? Isn't it anything over 20mph of the posted speed limit?
Click to expand...

Aaron[MA];4184447 said:
For motorcyclists, only having one wheel on the ground is considered DTE. At least it used to be.... There was a stunt riding group (maybe still is) that named themselves DTE after the charge..


AA
Click to expand...
There is no bright line rule as what constitutes OTE. It's very subjective. 90/24 defines it as operating in a manner that *MAY* endanger lives or property--it's a very low standard.

That said, in my experience, judges will toss any offense that is better handled with a more particularized law. For example, I once charged a guy with OTE for doing 100 in a 50 mph on a two lane highway. Judge threw out the OTE on $100 court costs. Had I just written him a civil citation for the speeding, it would have been a $500 ticket.

So in essence, by charging him criminally, I saved him $400 and six years worth of insurance surcharges.
 
I do not understand the concept of charging someone court costs while dismissing charges. If you're not guilty, you're not guilty.

Oh wait... Court costs go to the courts that the judges run and funds things like their lounge and creature comforts in their palatial ciurthouses. So it is just a graft/bribery/extortion system. Check.
 
Quiet said:
I do not understand the concept of charging someone court costs while dismissing charges. If you're not guilty, you're not guilty.

Oh wait... Court costs go to the courts that the judges run and funds things like their lounge and creature comforts in their palatial ciurthouses. So it is just a graft/bribery/extortion system. Check.
Click to expand...

The purpose is for court economy and judicial economy. If someone is charged, and people come to court, and often a prosecutor and a defense attorney appointed by the court are invovled, it makes some sense to address some cost/penalty. Every judge that offers a resolution in this manner, also informs the defendant of their right to a trial, to call witnesses, etc if they so choose. Almost everyone accepts the resolution. I also know that at lease in Suffolk County, and Middlesex - the DA's office will have a chat with officers who over charge - they will also review reports and dismiss without cost cases without merit. Despite it being busy I know that the DA's do this.
 
Smash05 said:
The purpose is for court economy and judicial economy. If someone is charged, and people come to court, and often a prosecutor and a defense attorney appointed by the court are invovled, it makes some sense to address some cost/penalty. Every judge that offers a resolution in this manner, also informs the defendant of their right to a trial, to call witnesses, etc if they so choose. Almost everyone accepts the resolution. I also know that at lease in Suffolk County, and Middlesex - the DA's office will have a chat with officers who over charge - they will also review reports and dismiss without cost cases without merit. Despite it being busy I know that the DA's do this.
Click to expand...

It makes NO sense to allow the courts to extort monies in exchange for dismissals. It's a corrupt practice.
 

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