Would it be possible to get a ltc?

[mark056]

I would expect a challenge to the inability to restore your rights under any circumstances once a federal PP before I expect to see any real reform in sentencing coming from the legislature.

That said, our penal system is cracking badly and our rate of incarceration (vs the population) is not only unsustainable, but its going to lead to social unrest soon enough and suspect it will couple with back-lash/insurgency from the "war on drugs" and the expansion of the Mexican cartels' influence on our side of the border.

I suspect it will require a significant re-think in this generation, if for no other reason than budgets, but the insurgency against the war-on-drugs conflating with the social un-rest from the rather alarming demographic realities of our penal system could produce profound changes here. As always, people will put up with crap for a lot longer than they should or anyone outside looking in thinks they will - until that day when they won't any more...

+1 IMO your second paragraph is spot-on.

Mark L.

 

[bolt]

If he finds someone, or a Atty. that knows someone "SPECIAL" he can get a MA pardon* by Duval and d'crew. Only it costs a boat load of money or favors no doubt. JMO

 

[Rob Boudrie]

If he finds someone, or a Atty. that knows someone "SPECIAL" he can get a MA pardon* by Duval and d'crew. Only it costs a boat load of money or favors no doubt. JMO

Pardons can be had for people with long past records, however, the "firearms issue" will not just slip by without being notices as pardons are issued with, or without, restoration of firearms rights - and the form asks directly if the applicant seeks such rights. A pardon for a DUI is problematic for political reasons, and doubly so for one involving alcohol or drugs.

 

[lancecolonel]

It's not going to happen. The requirements are not considered a problem by the system, since judges exercise discretion and there is no pattern of abuse where people are getting sentences over 2 years for matters that are traditionally disposed of with a CWOF or minor sentence.

The only problem the 2.5 year standard MA creates is the federal DQ, and there is no way the politicians are going to take a stance that is concurrently "pro gun" and "soft on crime". It might happen if minorities were systematically getting 2.5 years for offenses white kids from the suburbs are getting CWOFed for, but that's not really happening. In fact, the 2.5 year standard helps the legal profession since the threat of jail time is what assures the legal profession that people will spend their life savings on representation, even if they are just pleading guilty, rather than go pro-se.

Another unfortunate aspect of this federal prohibition is that the feds do NOT recognize a FLRB state level relief from disabilities, and will NOT remove someone from the NICS denial list even if they provide proof the state granted an FLRB review for a 2.5 year misdemeanor.

forgive my ignorance, but i was under the impression that a person earns a federal dq as soon as they are CHARGED with a crime where the possible sentence is 2+ years. is that true or is one federally dq'd only if they are CONVICTED or PLEAD GUILTY to the charges? i made my comment about sentencing guidelines under the assumption that as soon as you're charged in mass, you're pretty much screwed. please correct me if i am wrong. also, the rest of your statement (unfortunately) makes perfect sense.....sigh....

 

[Rob Boudrie]

forgive my ignorance, but i was under the impression that a person earns a federal dq as soon as they are CHARGED with a crime where the possible sentence is 2+ years.

State and federal statutory DQs do not exist once the charges have been disposed of without a conviction (all standards comments about discretion and suitability covered in other threads and incorporated herein by reference). In the case of a CWOFed charge, the charge remains "pending" during the CWOF period so the state would almost certainly consider you DQ'ed while the case, and charges, technically remain open.