Misdemeanor Assault and Battery Conviction Massachusetts 1994

MassPete

MassPete

NES Member
Joined
Jan 18, 2013
Messages
2,843
Likes
5,765
Location
Massachusetts
Feedback: 14 / 0 / 0
Just got a phone call from someone wanting to take my pistol class. He has a few CWOF's on his CORI Check but there is an Assault and Battery Misdemeanor conviction from 1994. (30 years ago).... Any thought on suitability? Thanks..
 
MassPete said:
Just got a phone call from someone wanting to take my pistol class. He has a few CWOF's on his CORI Check but there is an Assault and Battery Misdemeanor conviction from 1994. (30 years ago).... Any thought on suitability? Thanks..
Click to expand...
Suitability is not the primary issue. Statutory eligibility is. A&B falls into the same category as failure to report a hotel fire or receipt for deposit by insolvent banking institution - a state level firearms owner ship disqualifier.

Any "crime of violence", misdemeanor, misdafelony or felony is cause for a state level prohibition on firearms ownership. (misdafelony and felony are federal prohibitions). FLRB relief *may* be possible, but if it was a misdafelony, such relief will not be recognized by the feds (other threads exist on this topic).

He definitely needs legal advice from a "gun law attorney". If the attorney does not understand the term "misdafelony", look elsewhere for advice. Keith Langer, Jason Guida and Neil Tassel (in no particular order) come to mind.

It is VERY EASY to make things more difficult by applying without legal advice, get denied, then try to straighten it out than to get a priori advice.

One thing he can do for homework is get court certified records of his CWOFs and conviction.

And tell him to book a paid consult rather than get an attorney he has no relationship on the phone and start asking quesitons other than "when can we meet, where, and how much will it cost me?". It will save a certain atorney the trouble of sending out a leech alert to the legal community.
 
Last edited:
Does he have a copy of his CORI check?

Are there any charges that he has that are NOT on there?

Since he has had so much criminal activity - I hope he can keep track of them all before something NOT on his CORI eventually shows up that he forgot about. Sometimes things that were once forgotten get put into the file which can really jam him up in the future even if he got a LTC.

IF his CORI is complete - he needs to find out how to get a certified copy of all those court records.

Not sure if that can be done by mail or if you have to appear at the court house.

It way take weeks to get this done if the friend has a job because he might need to take off work to do this.

Once all that gets done - THEN contact a gun lawyer.

The first thing a lawyer would say is to get all that information first, anyway.
 
Reptile said:
Once all that gets done - THEN contact a gun lawyer.
Click to expand...
Getting your own certified records before the cirst meeting bypasses the "my staff will look those up and bill you for it" and "you can pay me for a second consult once my office gets the records".

You can file for a copy of your own CORI but it will exclude sealed or juvenile offenses. The LEO version will include all that and, in MA, sealed and juvenile offenses are still used as disqualifiers.
 
Rob Boudrie said:
Getting your own certified records before the cirst meeting bypasses the "my staff will look those up and bill you for it" and "you can pay me for a second consult once my office gets the records".

You can file for a copy of your own CORI but it will exclude sealed or juvenile offenses. The LEO version will include all that and, in MA, sealed and juvenile offenses are still used as disqualifiers.
Click to expand...

Thank you Rob. I did not know that. He has his CORI which shows all the ridiculous things he did when he was young. I didn't ask about juvenille offenses. Great advice guys on obtaining the records. Thanks. I'll pass along the information.
 
MassPete said:
Just got a phone call from someone wanting to take my pistol class. He has a few CWOF's on his CORI Check but there is an Assault and Battery Misdemeanor conviction from 1994. (30 years ago).... Any thought on suitability? Thanks..
Click to expand...
Statutory disqualification as well as federal prohibited person. Has to vacate that or expunge if possible or get a restoration of rights from flrb.
 
nstassel said:
Statutory disqualification as well as federal prohibited person. Has to vacate that or expunge if possible or get a restoration of rights from flrb.
Click to expand...
Is there enough to tell on the federal part? Wouldn't it have to be either a misdafelony or a misdemeanor of domestic violence? (I did not see that detail mentioned).

If it a federal prohibition, the ATF and NICS will not recognize a FLRB restoration of rights.
Statutory disqualification as well as federal prohibited person. Has to vacate that or expunge if possible or get a restoration of rights from flrb.
Click to expand...

Or a governor's pardon with explicit restoration of gun rights (MA pardons generally come with restoration of all rights excepg gun ownership). File under "good luck with that".

Ooops..... should have mentioned Tassel along with Langer and Guida. A legal triumvirate of greatness.
 
Rob Boudrie said:
Is there enough to tell on the federal part? Wouldn't it have to be either a misdafelony or a misdemeanor of domestic violence? (I did not see that detail mentioned).

If it a federal prohibition, the ATF and NICS will not recognize a FLRB restoration of rights.


Or a governor's pardon with explicit restoration of gun rights (MA pardons generally come with restoration of all rights excepg gun ownership). File under "good luck with that".

Ooops..... should have mentioned Tassel along with Langer and Guida. A legal triumvirate of greatness.
Click to expand...
Assault and Battery has always carried up to 2 1/2 years in the house of correction so it's federal disqualification. And true about flrb of course.
 
nstassel said:
Assault and Battery has always carried up to 2 1/2 years in the house of correction so it's federal disqualification. And true about flrb of course.
Click to expand...
Could he have that expunged?

I know there were some changed to the law to allow for expungements in the past few years.

He also needs to apply for his FBI record. If NO RECORD FOUND he's in better shape.
 
Rob Boudrie said:
Suitability is not the primary issue. Statutory eligibility is. A&B falls into the same category as failure to report a hotel fire or receipt for deposit by insolvent banking institution - a state level firearms owner ship disqualifier.

Any "crime of violence", misdemeanor, misdafelony or felony is cause for a state level prohibition on firearms ownership. (misdafelony and felony are federal prohibitions). FLRB relief *may* be possible, but if it was a misdafelony, such relief will not be recognized by the feds (other threads exist on this topic).

He definitely needs legal advice from a "gun law attorney". If the attorney does not understand the term "misdafelony", look elsewhere for advice. Keith Langer and Jason Guida come to mind.

It is VERY EASY for make things more difficult by applying without legal advice, get denied, then try to straighten it out than to get a priori advice.

One thing he can do for homework is get court certified records of his CWOFs and conviction.

And tell him to book a paid consult rather than get an attorney he has no relationship on the phone and start asking quesitons other than "when can we meet, where, and how much will it cost me?". It will save a certain atorney the trouble of sending out a leech alert to the legal community.
Click to expand...

receipt for deposit by insolvent banking institution

Can you please give a bit more information about what this is? I have never heard of this before. Thank you!
 
Misdemeanor assault and battery charge? What did he accidentally bump into a police officer or something? Maybe looked at him wrong?
 
Reptile said:
Could he have that expunged?

I know there were some changed to the law to allow for expungements in the past few years.

He also needs to apply for his FBI record. If NO RECORD FOUND he's in better shape.
Click to expand...
Expungement of conviction for AB is possible with many limitations. Among them: It has to have occurred before the age of 21 and there can only be two entries on the CORI but it is an eligible offense.
 
nstassel said:
Expungement of conviction for AB is possible with many limitations. Among them: It has to have occurred before the age of 21 and there can only be two entries on the CORI but it is an eligible offense.
Click to expand...
Well the guy in question has a long rap sheet so he might be out of luck.
 
granitestater said:
receipt for deposit by insolvent banking institution

Can you please give a bit more information about what this is? I have never heard of this before. Thank you!
Click to expand...
Note that it is a misdafelony and thus a federal lifetime prohibitor:

MGL Chapter 266 Section 54: ​

Section 54. Any officer or employee of a bank, as defined in section one of chapter one hundred and sixty-seven, who receives or permits the receipt of any deposit knowing that such bank is insolvent, shall be punished by imprisonment for not more than two and one half years or by a fine of not more than five thousand dollars, or both.
 
Last edited:

Similar threads

Market for pre-Ban (1994) ARs?
2
Replies
44
Views
2K
paul73
paul73
Any have or had a 1994 Olympic Arms MFR-CAR AR-15?
Replies
29
Views
400
dcmdon
dcmdon
China’s New Assault Rifle - The QBZ-191
2
Replies
33
Views
848
AllaSnackbah
AllaSnackbah
Massachusetts man with Nazi flag arrested after ‘frightening and disturbing threats targeting the Jewish community’
2
Replies
38
Views
652
nstassel
nstassel
Legislative push starts to repeal Massachusetts gun law
2
Replies
44
Views
2K
Coyote33
Coyote33
Back
Top Bottom