A quick search turned up alot of info on pepper spray, but heres what I need to know about restricted FID's. A friend of mine just put a restraining order on her Ex to keep him away from her and her kid. She has a charge for shoplifting on her record from when she was 18, will this automaticvally DQ her from obtaining a restricted FID, or is it up to the local PD (who is well aware of the Ex's various issues) to decide? Im not sure if it was continued w/o a finding, or if it was a conviction. I know the obvious will be stated, have her get a class A if shes not DQ'ed, but with no offence to her, thats pretty much asking for a Darwin award at some point. OC is the way to go with this one. Any thoughts?
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yes, another thread asking about FID's and OC spray.
- Thread starter ARV
- Start date
FID cards are "shall issue", meaning if a person is not statutorily dis-qualified, the issuing authority has no discretion, and is required to issue (M.G.L. c.140 s.129B).
That said, the value of the merchandise (and the disposition of the charges) is determinative. Pursuant to M.G.L. c.266 s.30A, a first offense conviction for shoplifting of item(s) with a value of under $100 would not be a statutory dis-qualifier. However, conviction for shoplifting of an item(s) with a value of $100 or more would statutorily dis-qualify a person from obtaining a FID for a period of five years (it would also render one a Federally prohibited person regarding firearms).
I would suggest obtaining a copy of her CORI report prior to applying, to determine what she was charged with and the disposition of those charges...
http://www.mass.gov/Eeops/docs/chsb/cori_request_personal.pdf
That said, the value of the merchandise (and the disposition of the charges) is determinative. Pursuant to M.G.L. c.266 s.30A, a first offense conviction for shoplifting of item(s) with a value of under $100 would not be a statutory dis-qualifier. However, conviction for shoplifting of an item(s) with a value of $100 or more would statutorily dis-qualify a person from obtaining a FID for a period of five years (it would also render one a Federally prohibited person regarding firearms).
I would suggest obtaining a copy of her CORI report prior to applying, to determine what she was charged with and the disposition of those charges...
http://www.mass.gov/Eeops/docs/chsb/cori_request_personal.pdf
DickWanner
Banned
For what it's worth, short of the new "super-concentrated nuke-a-ler" stuff, OC spray just really isn't a manstopper. She'd do herself well to seek out a 'Refuse to be a Victim' course and get the ball rolling to get her LTC, if she's not DQ'd. If she is DQ'd she can appeal to the FLRB without representation with good success.
I checked with her and was told it was "Misdemeanor under $250, Continued without a finding". If the Ex got sprayed, he'd beat feet. He acts like a tough guy, but hes actually pretty pathetic. He had no issued getting in a woman face, but he wont stand up to a man. I had an issue with him once, caught him stealing from a friend. He started to cry when I got in his face about it. Hes one of those pathetic little punks who mouths off, and will hit a woman, but if hes confronted by a man hes liable to cry.
From that description, it sounds like a larceny charge.
Generally, larceny under $250 is a misdemeanor which carries a maximum potential penalty of one year incarceration (M.G.L. c.266 s.30), which, even if convicted, would not be a dis-qualifier for a FID.
IMHO, I would still verify (either via CORI, or obtaining records from the courthouse) the exact charge(s), and the disposition(s) thereof, prior to applying. IANAL, YMMV, etc.
