Is a DUI an instant rejection (Franklin, MA LTC app)

[ReluctantDecoy]

Is a DUI an instant rejection for Franklin (ie. is it the same everywhere in MA)? Friend of mine had a close call with a B&E at 4am this morning and was thinking about applying for an LTC, but does have an out of state DUI on his record. Got pulled over about 10 feet out of the parking lot of a concert for a dead headlight a few years back. Had a couple drinks, but was nowhere near drunk. I suppose the level doesn't matter if you blow past the limit though. He actually passed all field sobriety test, but they weren't giving up.

Anyway, my assumption is that this is a rejection, but for his sake, figured I'd double check.

 

[chrbla2000]

Yes... but, maybe consult a firearms lawyer since the DUI was out of state?

 

[moojpg2]

Most out of state DUI's aren't a problem if it doesn't make him a federally prohibited person. If the max penalty in the state he was convicted in is less than 1yr in jail he might be ok. I would definitely tell him to consult with a lawyer that specializes in this stuff, there are a few on here. The couple hundred he might pay a lawyer is definitely worth preventing the headaches of being denied an LTC.

 

[Billy2]

Was he found guilty or did he get a cwof.

 

[ReluctantDecoy]

Most out of state DUI's aren't a problem if it doesn't make him a federally prohibited person. If the max penalty in the state he was convicted in is less than 1yr in jail he might be ok. I would definitely tell him to consult with a lawyer that specializes in this stuff, there are a few on here. The couple hundred he might pay a lawyer is definitely worth preventing the headaches of being denied an LTC.

Good info. Thank you. I'll make that suggestion to him about consulting a 2A attorney.

 

[moojpg2]

Was he found guilty or did he get a cwof.

This was out of state, most other states don't do the whole cwof thing. Only MA f***s people with that.

 

[ReluctantDecoy]

Was he found guilty or did he get a cwof.

I think it was a guilty, but not sure if he was found guilty or plead guilty. He was under the impression it was a felony in NY, but I told him that this was more likely a misdemeanor as it was his first, and he barely was over the limit.

 

[M1911]

I think it was a guilty, but not sure if he was found guilty or plead guilty.

Doesn’t matter, guilty is guilty.

In contrast, CWOF is not a guilty plea or being found guilty.

 

[Stryker]

quick google search shows that in NY first DUI offense is up to 1 year max and is a misdemeanor, so he likely isn't a PP from that (IANAL)

...however he does need to list it on his MA LTC application and there are plenty of towns in MA who would find him unsuitable because of it - not sure where Franklin stands

 

[ReluctantDecoy]

Doesn’t matter, guilty is guilty.

In contrast, CWOF is not a guilty plea or being found guilty.

For your record, no, it doesn't matter. But for punishment, it could. You could take an offer on a guilty plea for a lesser punishment than fighting it out and being found guilty.

 

[ReluctantDecoy]

quick google search shows that in NY first DUI offense is up to 1 year max and is a misdemeanor, so he likely isn't a PP from that (IANAL)

...however he does need to list it on his MA LTC application and there are plenty of towns in MA who would find him unsuitable because of it - not sure where Franklin stands

Franklin should be green from the list on this website, so he at least has that going for him.

 

[M1911]

For your record, no, it doesn't matter. But for punishment, it could. You could take an offer on a guilty plea for a lesser punishment than fighting it out and being found guilty.

My point was that concerning whether one is statutorily prohibited or a federally prohibited person, there is no difference— guilty is guilty.

 

[ReluctantDecoy]

My point was that concerning whether one is statutorily prohibited or a federally prohibited person, there is no difference— guilty is guilty.

The threshold for prohibited person in MA is apparently non-violent misdemeanor punishable by imprisonment of more than 2 years. If one was on this threshold, it would then matter if you plea out for a lesser sentence. Might be moot though, as he doesn't believe he was facing anything more than up to a year imprisonment, temporary loss of license and fines. He didn't get any real jail time. Just the 6 month license revocation and fines. I think he would be good to apply (not immediately disqualified), and just see what the Franklin police decide. Still, I told him to consult a 2A attorney anyway.

 

[M1911]

The threshold for prohibited person in MA is apparently non-violent misdemeanor punishable by imprisonment of more than 2 years. If one was on this threshold, it would then matter if you plea out for a lesser sentence.

No. What matters is the possible sentence, not the actual sentence you receive. If the misdemeanor is PUNISHABLE by more than 2 years, then you are screwed. It doesn’t matter if you weren’t sentenced to a single night in jail.

 

[firestorm]

The threshold for prohibited person in MA is apparently non-violent misdemeanor punishable by imprisonment of more than 2 years. If one was on this threshold, it would then matter if you plea out for a lesser sentence. Might be moot though, as he doesn't believe he was facing anything more than up to a year imprisonment, temporary loss of license and fines. He didn't get any real jail time. Just the 6 month license revocation and fines. I think he would be good to apply (not immediately disqualified), and just see what the Franklin police decide. Still, I told him to consult a 2A attorney anyway.

Do not let him go in alone, with issues like this it is far too likely to say or do something dumb and be screwed forever. Talk to a lawyer first on this before applying, if you go in and get denied because he filled out the app wrong or didn't have all the info presented just right then that will follow him forever whenever he deals with firearms licensing.

 

[HuntMaine]

Yep